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HNAL,
But the right to education is only available for a child of age six to fourteen years. As per Section 3 of Right of Children to Free and Compulsory Education Act, 2009 as well as Article 21A of the Constitution of India.
It only covers free and compulsory education only till 8th Standard/Class.
Since, the school is not under the statutory obligation to provide free and compulsory education after you have been promoted to 9th class.
HNAL,Firstly, do read your lease document properly and find if there are any clause(s), which deals with situations where any dispute arises and if it prescribes any procedure or appropriate authority where this dispute can be raised to be solved.
Secondly, according to procedure laid down by RBI, shifting of bank location can be done by getting prior approval of RBI, unless bank is to shift to same service area or block. So unless your tenant bank has not been able to get the RBI approval or a location within the same service area or block, it may not be so easy to get them evicted.
For further reading https://m.rbi.org.in//SCRIPTS/BS_ViewMasCirculardetails.aspx?id=9864#48Thirdly, You can file an eviction suit. I may add since you have leased out the property for commercial purposes, it can be treated as a commercial dispute. Thus, it can be taken to a commercial court having jurisdiction and your suit for possession, eviction, mense profit and arrears maybe maintainable there. This would be much faster and better than a civil suit either before a district judge or rent controller.
Disclaimer: This is a genral advice. Do approach a advocate in your city/district for better clarity, since facts and circumstances of a case may vary on case to case basis.
HNALFirstly, try to settle the challan amount in Lok adalat which will be held/conducted on 10th May 2025. But the token/ticket for lok Adalat will be released beforehand and only if, you secure the token will you be able to participate in lok Adalat, so plan accordingly.
Secondly, Ignorance of law is no excuse is settled principle of law.
Thirdly, you don’t necessarily need a lawyer/advocate for the lok Adalat. You can very well represent yourself before lok Adalat, but if you don’t want the hassle involved in the process, you should approach a lawyer to smooth out and expedite the process.
HNALHello, sorry for what you are going through.
Yes, a mother/father can claim maintenance from their son/children under Section 125 Cr. P.C. provision.
There are only two conditions which need to be fulfilled for this
A) the father or the mother are unable to maintain themselves.
B) the person from whom the maintenance is claimed must have sufficient means and yet does not maintain the father or mother.On point A since your post only mention, she is getting interim maintenance of ₹5000/- from your dad and she is not yet divorced but not whether she is working/have her other source of income, she may claim that interim maintenance is not enough to maintain a sufficiently decent life.
On point B, since you do mention you are earning around 1.2 lakh/per month, it means you do have sufficient means.
Remember it will be a summary proceeding and not a full trial under Section 125 Cr.P.C. court is only concerned with the point A and B and nothing much beyong that.
Please read this article to get a better understanding of the provision.
You would need to understand under which condition this section allows fro the parent to claim maintenance and what has been the interpretation of the courts.https://www.lawasitis.com/judgments-section-125-crpc-maintenance-of-parents/
Since you may already have a lawyer in other cases, you can consult them for better clarity on law. They will also do the needful research.
H1. Tenant may appeal or file for revision but it may not be worth the time and money but it vindictive he might do so, just to stay the proceedings of execution or drag the proceedings further by delays and latches.2. The tenant can approach the High Court, but since that would be a second appeal, he will be burdened with onus to present that there is a question of law that was not decided by the trial court or the first appeal court. Unless, he can show that a significant question of law exists, there is a miniscule change of his appeal to the high court that would go anywhere other than burdening him with extra legal expenses.
3. Don’t wait for him to vacate. File execution proceedings of the decree and judgment as soon as possible. If you keep on waiting, the tenant might not vacate it on their own accord.
4. Resistance from the tenant in getting the vacant and peaceful possession of the property by hook or by crook.
5. If in execution proceedings he does not vacate the premises when the court officer goes for execution of a warrant of possession. You may file another application under CPC for taking police assistance for removal of the tenant and his things from the premises.
Note: If you had the strong case you should have also prayed for the arrears of rent which would have at least compensated you for the financial loss you suffered. Since you have not prayed for that relief and if you have not made specific pleadings that you may approach court for the relief of arrears of rent. Order 2 Rule 2 now forbids you from instituting a new case on same cause of action.
HCan you be arrested in India for not providing your name/id ?The answer to that would be gleaned from reading Section 39 of BNSS (Section 42 Cr. P.C.).
From this section it can be said that, if a person
a. In presence of a police officer
b. Commits a non-cognizable offence
c. when the police officer makes a demand to know his name/identify/address
d. Refuses to provide the details to police officer or provide name or address, which police officer believes to be falseThen such person can be arrested to ascertain his name or address
And India Police personnel are known to be crafty in framing people on false charges just for the sake of getting some chai Pani.
Do India has right to remain Silent like in US ?
The answer to that is yes to the extent that a person cannot be asked to incriminated himself (Read Article 20(3) of Indian Constitution.
Again, to the extent that you are not incriminating yourself.But if you withheld information like telling your name or address is not protected by it.
Or if you know someone (Friend or family) who has committed a crime and you are protecting them by giving them shelter or otherwise, then you can be charged for aiding and abetting. (accessory after a fact)Do statement or confession given to police officer can be used to against that person.
Answer to that is NO.
any confession or statement which incriminates a person given to a police officer under duress is not acceptable evidence to convict a person.
Read Section 22 and 23 of Bharatiya Saksya Adhiniyam (24 to 28 of Indian Evidence Act)
