Anonymous
25 June 2025 at 15:01
hello all,
i have been working in Public sector bank since last 15 year, my wife is also Public sector banker. Since last 15 year i have never been at my domicile or near to it. as per transfer policy my wife has already availed 2 times request transfer and now left with no option. i am serving banks duty leaving my family alone. ( my working wife, 8 year old daughter, old age parents) i have been requesting my bank time and again to consider my request transfer but received no consideration till now. recently i am again transferred to remote location that too i am on medical leave. now facing immense medical and mental trauma. how could i manager my family and professional life.
pls suggest me any legal remedy
bharat khatwani
21 June 2025 at 12:12
[11:00 am, 21/6/2025] Bharat Khatwani: I had lodged complaint against advocate in bar council for sending legal notice without verification of legal merit so I had lodged complaint against advocate. As reply of advocate was not satisfactory,bar council has decided to institute inquiry and has asked me to send rejoinder in 5 copies.Please do fact check and make following draft legally valid.
[11:02 am, 21/6/2025] Bharat Khatwani: BEFORE THE BAR COUNCIL OF ***
*** (Complainant)
v.
Advocate *** (Respondent)
Date: June 19, 2025
AMENDED REJOINDER TO ADVOCATE’S REPLY DATED NOVEMBER 6, 2024
I, **, aged * years, residing at ***, solemnly affirm that I am fully conversant with the facts and circumstances of this case. All statements herein are based on my direct personal knowledge, corroborated by documentary evidence, and derived from communications made under my authority. No material facts have been concealed, and the contents are true to the best of my knowledge and belief.
Respected Sir/Madam,
I hereby submit this amended rejoinder in compliance with the directions issued by the Hon’ble Bar Council. The Respondent’s reply is manifestly evasive, factually insufficient, and lacks any certified documentary evidence, relevant provisions of the Bar Council of India Rules, or other statutory authority to substantiate his claims. Notably, the reply fails to address the core allegations and supporting enclosures of my complaint and does not provide point-wise rebuttals as mandated in disciplinary proceedings. Such omissions impede a fair, transparent, and effective adjudication of professional misconduct.
In accordance with the standards prescribed under Chapter II, Part VI of the Bar Council of India Rules and Section 35 of the Advocates Act, 1961, it is incumbent upon the Respondent to respond substantively and truthfully to all allegations and to substantiate his defense with verifiable, contemporaneous evidence.
To facilitate a just and expeditious resolution of this matter, I respectfully request that the Hon’ble Disciplinary Committee direct the Respondent to produce all documents upon which he intends to rely. These documents should be duly notarized or certified and contemporaneous with the events in question. Such a direction will enable the Committee to concentrate on the substantive merits of the case, eliminate irrelevant or extraneous issues, and prevent unnecessary disputes over facts that can be readily verified from official records.
I trust that the Committee will take appropriate measures to ensure that these proceedings are conducted fairly, transparently, and in accordance with the highest standards of professional ethics.
I. FAILURE TO UPHOLD PROFESSIONAL DUTIES
1A. Reliance on Client Instructions – Dereliction of Professional Obligation
The Respondent claims he drafted the legal notice dated September 25, 2023 (Enclosure 3), purely based on client instructions. This defense is untenable. An advocate is not a mere stenographer; client instructions do not absolve them of their fundamental professional obligation to exercise independent judgment and verify the factual and legal soundness of claims. Issuing a legal notice, especially one containing exorbitant and unfounded demands, without diligent fact-checking constitutes a serious dereliction of duty and directly violates the standard of due diligence explicitly required under Rule 4 of Part VI, Chapter II of the Bar Council of India Rules. Such conduct undermines the very integrity of the legal profession.
1B. Unverified, Exorbitant, and Unlawful Demands
The Respondent’s notice (Enclosure 3) was demonstrably wrongly addressed to my deceased mother, Smt. *** (passed away on October 10, 2023, per Enclosure 1). The notice demands a staggering and arbitrary sum of 150 years’ rent—120 years at ₹300/month based on an alleged 24-year-old oral agreement, and 30 years of rent for unauthorized repairs—without legal basis or supporting documents. These demands are contradicted by the Tenant’s Letter dated August 4, 2011 (Enclosure 6), and the Correspondence Reaffirming Ownership dated November 30, 2023 (Enclosure 7). This violates Rule 5 of the Bar Council Rules which bars misleading and improper conduct.
1C. “No-Visit” Claim – Blatant Abdication of Duty
The Respondent admitted he did not inspect the premises or verify any repair costs. This abdication of duty violates the advocate’s professional obligation to verify facts (Rules 4 and 13). By blindly parroting unverified client claims, he reduces himself to a mere agent, breaching both the letter and spirit of the Bar Council Rules.
II. FALLACY 1: ALLEGATION OF OBSTRUCTIVE INTENT – A Malicious Diversion
The Respondent alleged that this complaint was filed to obstruct his representation of the tenant. This is demonstrably false. At the time of the complaint, no litigation was pending where the Respondent represented any party against me or my late mother.
This complaint is strictly limited to the issue of professional misconduct—i.e., the issuance of a patently false and coercive legal notice. Diverting attention to alleged motives violates Rule 5 and attempts to shield misconduct by attacking the complainant, in violation of natural justice.
III. FALLACY 2: DISPUTED STANDING – A Baseless Tactical Diversion
The Respondent argues the notice was not addressed to me, hence I cannot complain. This is false. The Tenant’s Letter dated August 4, 2011 (Enclosure 6) acknowledges me as owner. My reply (Enclosure 4) was sent in that capacity, and supported by land records (Enclosure 2). Section 35 of the Advocates Act allows complaints from any person. Thus, the objection is legally frivolous and ethically revealing—it deflects scrutiny rather than addressing misconduct.
IV. FALLACY 3: FALSE AUTHORSHIP & MISREPRESENTATION – Deliberate Deception
The Respondent falsely claimed that my reply was authored by my late mother. This is a blatant misrepresentation: she passed away on October 10, 2023 (Enclosure 1), and my reply to his notice was written and signed by me alone. He also mischaracterized the content of my reply, ignoring its clear denials of:
Ownership claim by tenant
Alleged bank rent deposits
Alleged oral rent agreement and liability for repairs
Such misrepresentations are unethical and violate Rules 4 and 5.
V. FALLACY 4: UNSUBSTANTIATED & CONTRADICTORY CLAIMS – Pattern of Fabrication
The Respondent's reply includes:
Alleged rent deposits—no proof provided
Exorbitant demands—no breakdown or proof
Oral agreement—no past reference or record
Coercive threats—issued without legal basis
No follow-up litigation—indicating intent to intimidate, not litigate
These contradictions confirm a pattern of fabrication, not good faith legal representation.
VI. ABUSE OF LEGAL PROCESS – Systematic Derailment of Inquiry
The Respondent has repeatedly:
Distorted facts
Maligned my motives
Raised frivolous objections
Dodged direct evidence
Such tactics sabotage legitimate disciplinary inquiry and should not be condoned.
VII. CALL FOR DOCUMENTARY INQUIRY & PRODUCTION OF EVIDENCE
The Hon’ble Committee is requested to direct the Respondent to produce within 7 days:
Legal Notice dated September 25, 2023
Proof of service to Smt. ***
Instructions or affidavit by tenant Shri ***
Bank statements showing rent deposits
Cheque/counterfoil of ₹3,600
Receipts or rent records
Evidence of the alleged 24-year agreement
VIII. PRAYER
I respectfully pray that this Hon’ble Bar Council of *** may:
Direct the Respondent to produce the above documents
Proceed based on documentary evidence
Hold the Respondent guilty of misconduct
Impose suitable penalties
Award costs of ₹10,000 for distress caused
Pass such other reliefs in the interest of justice
Yours faithfully,
Ph: ***
Email: ***
Date: June 19, 2025
Subhrojyoti Sengupta
19 June 2025 at 11:29
Locker from sbi was surrendered as on november, 2024, bank manager refused to refund the advance locker rent on pro rata basis which she violated the RBI guidelines stating clearly bank are directed to refund advance rent on pro rata basis and after multiple complaint and ombudman complaint the amount was refunded to me as on march,2025, want the harassment charges from the bank please guide how to claim and what amount and how much i can claim have asked the bank written to nodal desk and chairman desk they are taking no action and trying to cover the fault and save there back as well please guide and would be beneficial if i can get the draft format to file a legal suite if the things are not working rightly the bm speaks very rudely and treat us like any thing
Anonymous
10 June 2025 at 23:52
I sold 4 wheeler vehicle 3 days back , received money and handed over vehicle, original RC, insurance policy etc , we made agreement on Rs 100 stamp paper
Buyer has to come to RTO for transfer form sign etc , he didn't come , he promised to come today but he didn't turn up
What should I do now? Should I send letter to RTO office informing them about our deal ? Please advise
Anonymous
10 June 2025 at 20:37
A person i know in my office has inadvertently filled wrong income in obc ncl she wants to correct it as she is honest, what are the procedure for her to correct?
KkRider Kolkata
25 May 2025 at 00:11
Sir,
At my office Limited tender was done for 3Nos DGR sponsored security personnels.
All terms and conditions were as per DGR guidelines.
At my office 3 nos DGR security guards are placed by security agency
Earlier all the 3 guards worked for entire month and were paid for 30/31 days. Total of 90/93 working days were paid to the agency(without reliving charges)
But now the agency has placed a reliever and is made to work equal amount of days as the initial 3 guards i.e. for eg. 23, 23, 22 and 22 days and same is being paid to guard by the agency.
Whereas they are being invoiced as (26/27 days * 3 guards* per day charges including reliving charges).
Pls clarify
1. Do the agency need to make the reliever work for equal amount of days or they need to work only for 12 days ( Problems raised by initial 3 guards as there working days reduced and also there salary)
2. Can initial 3 guards be made to work for more than 26/27 days if they are paid reliving charges. ( Also all the 3 guards are ready to work for 30/31 days if they are paid reliving charges)
Anonymous
23 May 2025 at 21:14
Sir
Thank u for your immediate reply to my query. Now I request experts to provide me draft NOC from Society of Apartment to individual flat owner for installation of Solar panel on terrace in Andhra Pradesh.
Further pl provide me draft undertaking to be obtained from individual flat owner for installation of Solar panel.
G Durga Prasad
dpgunturi@gmail.com
Anonymous
23 May 2025 at 13:31
Sir,
Ours is an apartment consisting 20 flats in Andhra Pradesh (Vijayawada). One of our flat owner intends to install solar power panel on common terrace of apartment. He is claiming that he has right on terrace and install the solar panel. Is it require consent/permission of all other flat (19) owners for installing solar power panel by individual. If any group consisting majority or 5 flat owners objects what action to be required to deny installation of solar panel on common terrace of apartment.
Is there any right to the individual flat owner to proceed legally.
An early communication in this regard is highly solicited
G Durga Prasad
dpgunturi@gmail.com
Pl advise
Anonymous
21 May 2025 at 17:13
Is this clause of my Appointment latter is valid if i joined Comptitor company after resignation ?
“The employee shall not, without written approval of the Managing Director or Officers
authorized by the Company, disclose, publish or authorize anyone else to publish
either during the term of employment or subsequent thereto, or divulge any information
of confidential nature, regarding his employment by the Company. He/She shall not
take with him, without prior consent of the Managing Director, any drawing or records
of a confidential character when he/she leaves the office.”.
Can a company sue the employee for breach of the terms and conditions mentioned in the appointment letter ?
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Society related
Respected Sir,
Good afternoon.
We were supposed to receive possession of our flats in 2023. However, due to the extension of the RERA deadline, the builder has delayed handing over the possession to many of us.
While some members of our society have received possession, a significant amount of work is still pending across the project. Unfortunately, the builder has been unresponsive to our phone calls and has shown no interest in visiting the site to address our concerns.
As per the revised RERA registration, the possession deadline is now February 2026. Despite this, we are facing continuous delays and uncertainty about when the full project will be completed and delivered properly.
We request your kind guidance and intervention in this matter to help us ensure the builder fulfills their obligations in a timely and responsible manner.
Thank you for your support.