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HHappyshark11
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February 24, 2025 at 2:16 pmYou have provided no information to really give advice here. Though case of defamation does not result in recovery of rent. I think that is pretty obvious.February 24, 2025 at 2:11 pm in reply to: Legal Advice Needed: Refund Dispute with an IT company #47801HHappyshark11
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February 24, 2025 at 2:11 pmYou have not provided sufficient information for any advice. This is a contractual dispute and it will be very hard to give any advice without actually reading the contract.HHappyshark11
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February 24, 2025 at 2:04 pmHi. What is the issue? And why not approach the High Court first? Please note that PILs are rarely entertained by Courts as most of the time people want to solve their personal problem by making it seem like a public issue. If you have any genuine issue I can help you with the drafting work but can’t do filing as I am not from Delhi. You will need to find an AOR (not all advocates can file cases in Supreme Court) who is willing to do the filing in Supreme Court for free. I seriously doubt that you will find one here.February 24, 2025 at 1:43 pm in reply to: What’s is the consequences of having a pre-nuptial agreement system in India? #47767HHappyshark11
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February 24, 2025 at 1:43 pmIn India pre-nuptial agreement cannot be brought in till the time marriages happen as per the religion specific personal laws i.e. Hindu law, Sharia, Christian law etc. According to these laws marriage is considered sacred (rules for marriage originate from the religious scriptures) and not contractual in nature. Hence, no contract can govern a marriage under the present system. Pre-nuptial agreements can only happen if Uniform Civil Code is enacted.However, Goa is governed by the Portuguese Civil Code (Uniform Civil Code) and hence, for Goans it is permissible to have a pre-nuptial agreement.
February 24, 2025 at 1:21 pm in reply to: [HELP] Court deducted amount without any prior info.. #47755HHappyshark11
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February 24, 2025 at 1:21 pmImmediately file a Writ Petition challenging whatever order is passed regarding your account. It is likely that money from a cyber fraud was traced back to your account and hence, the court ordered it to be returned. Or maybe there might be some mix-up with the account number. Either way, if you can account for the money which was there in your account, then it should be alright.HHappyshark11
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February 24, 2025 at 1:04 pmAs I have said, it depends on the evidence how the case will actually go. However, remoteness of damage is not something limited to civil suits, and equally applies in cases under consumer protection act. It’s not about being a principle of tort. It’s part of the law on damages as declared by the Supreme Court through various judgments. It is binding in terms of Article 141 of the Constitution on all courts.February 24, 2025 at 9:29 am in reply to: Company Laying off employees , while i am planned for maternity leave in April 20025 #47935HHappyshark11
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February 24, 2025 at 9:29 amYou are entitled to a total of 26 weeks of maternity leave, out of which a maximum of 8 weeks can be taken before the expected date of delivery (the period is less if you already have 2 children or more). During this period, you cannot be terminated as per Section 12 of the Maternity Benefit Act, 1961, and also the terms of your service cannot be altered to your disadvantage.While it is illegal to terminate your employment during this period, there are companies which still do it. If that happens, you will have to take legal recourse. It’s like murder, theft, and all other crimes; they are also illegal, but people still do it.
February 24, 2025 at 8:43 am in reply to: Company Laying off employees , while i am planned for maternity leave in April 20025 #47932HHappyshark11
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February 24, 2025 at 8:43 amMost likely the company will not terminate you. Legally they cannot. But even if they do, you will be entitled to the entire benefit.HHappyshark11
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February 24, 2025 at 8:29 amComplain to the principal of your college. Student-run committees cannot impose penalty arbitrarily. Also, collecting these penalty in student bank accounts is even more impermissible and shady. It is possible that few teachers and committee members are colluding to make some money. If college does not respond, then file a police complaint against both the college, students involved and teachers you think are involved. If college takes any adverse action then file Writ Petition in High Court.February 24, 2025 at 7:49 am in reply to: Landlord refusing to handover deposit. What are my options #48079HHappyshark11
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February 24, 2025 at 7:49 amAmount is too low to pursue legally. If you have contacts with cops you can take their help in getting the money back (this might cost some money). But please note that your issue fundamentally is a civil matter and not criminal. The most police can do is intimidate the landlord and hope he returns the money but no real action will be taken.February 24, 2025 at 7:14 am in reply to: Builder did not deliver flat, Bank is asking me to pay EMI #52358HHappyshark11
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February 24, 2025 at 7:14 amIs conciliation process done before RERA? RERA takes on an average 2 years to decide matter due to huge pendency but they will only give you dates when your matter will actually be heard & there will be progress, so its better than other courts in that regard. No unnecessary hearings where your matter does not get heard.But keep track if the Builder has gone in Insolvency. If builder is under-going insolvency proceedings then you would need to file claim before the IRP or Liquidator.
HHappyshark11
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February 24, 2025 at 6:27 amDid they specifically ask you to travel or know that you were travelling to India to collect your lehenga on Nov 22-23? This would generally be considered remote damages and not be awarded by Courts, as it is not directly linked to the product / services being provided. That is unless they were aware you would come to India to collect it based on their representation. Frankly speaking, this would be a hard claim to pursue, but consult your lawyer with all correspondences and documents; maybe you have a strong case.Regarding customs charges, did you have to pay extra because they undervalued the goods or for demurrage / detention charges? Even this claim is not a very straightforward one. It will depend on the exact nature of charges levied by the customs department. This claim can go in either party’s favour depending on the documents.
Consumer Court is a good forum to pursue your claims and generally favours the consumer, but find yourself a good lawyer who will genuinely advise you about your chances of success based on the documents you have. The reason I am being more skeptical here is because you do not reside in India and will have to spend more resources to pursue this legally.
HHappyshark11
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February 23, 2025 at 9:15 pmSo what?? Will the lawyer work for free for him? I don’t think so. If he is a good business man he will understand what fights to take and where to settle. These landlords know that most tenants will back off and choose not to fight, which is exactly why they don’t return the security deposit. Of course, the premise of all my advice is that you have not damaged the property and he has unfairly retained your money. If you think your landlord has a good defence then don’t proceed with the case.HHappyshark11
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February 23, 2025 at 9:05 pmAs per Section 7 of the Hindu Marriage Act, marriage must be as per the customs of the bride or the groom, or 7 phere before scared fire. Registration is only for proof of marriage and not a mandatory requirement under Hindu Law. If you can prove that actual ceremony never happened then marriage can be declared void. That being said even if a girl was in live-in relation with you for long time, she can claim maintenance from you. In your case not only did she reside with you, you also have a legitimate child together and marriage certificate. So irrespective of the legal status of your marriage, you will be required to pay maintenance if she decides to claim it. But what she is entitled to is maintenance and not a share in your property.HHappyshark11
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February 23, 2025 at 8:49 pmCould you please provide the completion date mentioned in your registered agreement? If it is July 2026, there is still a significant amount of time remaining. The Occupancy Certificate (OC) is the final document obtained by the developer, after which they handover physical possession of the flat.At what stage is the construction currently at? Your payment will be made in milestones. Please review your agreement for specific payment milestones and determine if any amount is due to them. If the amount is payable and you delay payment, you will have to pay penalty. Conversely, if the developer delays providing possession after the promised date, then they will be required to compensate you. Regarding cancellation, please refer to the terms and conditions of your agreement for specific details.
Additionally, I recommend maintaining written communication with the developer to ensure that any assurances they provide are documented. This will help you in future legal proceedings.
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