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HIts best to take all grounds which are available. Once suit is filed after sending legal notice, he no longer has the option of fixing the breach and the Court will give its decision based on the evidence submitted.HYou can try using the expiring agreement but I doubt it will work since it is of another city. You will need to prove to the Court that you are actually planning on shifting to the city where rented property is located. How you do it depends on you. If you got some job or something in that city maybe you can use that to show that you actually want to shift there. It’s a very factual issue and you will need to think what evidence you can use to prove it. Also, eviction suits generally take time.
Your strongest ground is that the tenant is doing commercial activity which is different from the purpose for which the property was rented. You can use this to ask for injunctions as well. If you get an interim relief in your favour early on in the case, it is as good as winning the case because the tenant would be prevented from doing the commercial activity and it is likely that he himself would then leave.
HYou will need to check which Magistrate Court has jurisdiction over that Police Station and make a hand written / printed application or letter (It can be a simple one page application explaining the situation and requesting them to unfreeze the account). Make sure to mention the case no. and relevant case details on the Application. Submit it in the magistrate court. You can talk to the court clerks regarding the exact process, they will help you. Also, magistrate will allow it for asking since you are the victim here.Apart from this you can contact your bank and explain the situation to them and ask them to unfreeze the account. Also, write an email to them if required.
HPersonal bona-fide is a valid ground for eviction but not easily proved in court. Like if you are residing in another city then he may twist words to make it seem like you are taking a false ground. It is not like you returned to your city and are now living on rent, in which case you would have a strong case for bona-fide requirement. Main problem with this ground is that too many people misuse it when they have no other grounds and so courts require strong proof for bona-fide requirement.HThe police generally freeze accounts under S. 102 of CrPC / S.106 of BNSS. You will need to file an application before the magistrate to get your account unfrozen.On a side note, it is quite disturbing to see police freeze victims account in such cases.
HAn eviction suit will need to be filed separately. Consult a lawyer in your city to obtain accurate information regarding the grounds and procedures involved, as laws for eviction vary across different states. There may even be difference in the procedure from city to city.Your primary grounds should be unauthorized commercial use of property. Non-payment of rent is also a good ground. If he has made unauthorized alteration / changes to the property, that can also be a strong ground for eviction. Rest all can be used as secondary grounds but make sure that you are in a position to prove whatever grounds you take and do not make your case overly complicated. The more grounds you take, the more things you have to prove in court, and the greater the likelihood that the opposing party will complicate and prolong the matter.
HThese are just tactics to scare you into not taking action against him. He cannot get injunction when he himself is in the wrong. You will need to file a strong response to the Injunction Suit.Apart from that you will need to file eviction suit for evicting him. Don’t waste time on police & municipal corporation. Maximum they will do is to fine him for using the residential premises for commercial purpose. In fact, they might even fine you for it as you are the owner.
HBoth Police and Municipal Corporation will not help you evict the person. Only a civil judge has the power to evict. If you already have sent eviction notice then get a lawyer and file eviction suit.And what injunction has he obtained against you? I doubt Court would pass any ex-parte orders against you.
HI think it will be alright if you returned the full amount paid by the other side to them. No need to double anything. While your contract does say that you will pay double the advance amount, such a clause is not legally enforceable in court since it is in the form of a penalty. Penal clauses are not valid under contract law and a person can only claim damages for losses actually suffered.HI think it will be alright if you returned the full amount paid by the other side to them. No need to double anything. While your contract does say that you will pay double the advance amount, such a clause is not legally enforceable in court since it is in the form of a penalty. Penal clauses are not valid under contract law and a person can only claim damages for losses actually suffered.HNo, patient-client confidentiality only applies to medical issues and does not extend to crimes committed by the patient. If a doctor discovers that a patient has committed a crime, they may choose to report it to the police. However, some doctors may consider this unethical and refrain from reporting the crime. Additionally, such a statement would not conclusively prove the guilt of the patient and is unlikely to be used by the police if given by a psychiatrist (as it could potentially be turned around and used as evidence of insanity). The police will need to use other evidence against the individual, but this information can be valuable as it helps them identify the perpetrator and focus their investigation.It is also important to note that even making a confession yourself (even if it is valid and accepted by court) does not constitute conclusive proof of guilt and needs to be corroborated with other evidence.
HOnce you have resigned by yourself how can you file for wrongful termination? What you did was the dream scenario for the Company which is why your offer to resign was immediately accepted and they ended your employment by paying you for the notice period (so that you can’t change your mind later). Nothing you can do now. Find yourself a new job and move on.HIrrespective of what you do or say, you are legally liable to repay the full loan amount to the bank. If you can prove you have given the money to your friend then you can file a police case of cheating against friend and that company. If his father has made some repayment to you through his bank account, then name his father in the FIR too and say that both of them had promised repayment and tricked you into taken the loan. This might pressurize them into repaying.
