LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   25 July 2024 at 12:17

Matrimonial dispute

Can I file for divorce and a defamation case together (few days ago wife and her family member including her aunt abused me and my family at my home, neighbors also saw) against my wife to get a settlement easily? I would like to file, but what if she files a 498A case?

Prakash Patel   25 July 2024 at 10:42

Purchase of land by p.o.a. holder

Sir, I have a piece of non agricultural land in maharashtra. I had given a p.o.a. to mr.X. In which i mentioned that Mr.X has all authority regarding the land including sale the land on my behalf. Now the p.o.a.holder Mr.X him self want to purchase the said land.Can he purchase the land as a p.o.a holder in his name by executing the registration .

Please advice.

Raghu   24 July 2024 at 21:54

Dual employement issue

I need advice on the following incident:--

I joined an IT MNC and didn't like the role that they gave me. I also have a better offer in my hand. I just attended the virtual induction session for day 1 after 1 week sent an email that I am resigning. But I didn't get any reply to that email. So I tried to contact them through mobile they didn't pick up the call either. I didn't get a salary for the first month so I thought they relieved me. Meantime I joined another organization in which I have a better role.

After 5 months I came to know they have created a PF account for me. Due to that, I getting a Background verification issue. After that, I contacted them to sort out this issue but, they told me you are still our employees so we couldn't do anything. After that, they sent me a email for termination from their organization. Now It has become a dual employment issue for me. Please give suggestions to sort out this issue

Anonymous   21 June 2024 at 09:42

"petition" to bar council of india

Subject: Urgent Action Needed to Address Frivolous Lawsuits and Unethical Practices
Dear Members of the Bar Council,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for the ethical guidelines that are already in place.
The Problem: Including Baseless Claims in Legal Notices Mechanically
To investigate the root of this issue, I conducted an experiment on a legal forum (Pathlegal). In my first experiment, I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Except for one advocate, the others did not express reservations about proceeding. This response made me think that perhaps the rules were not clear enough.
In response, I searched for the Bar Council's guidelines and found that they clearly define an advocate's duty towards opposing parties. To test their effectiveness, I copied and pasted these guidelines onto Pathlegal and posed a similar ethical question. Disturbingly, even after reading the clear-cut guidelines, one advocate responded by stating, "The Advocates' Code outlines the responsibilities and duties of an advocate. An advocate must maintain honesty towards their own client and remain neutral towards the opposing party" This response enlightened the root cause of the problem: the issue is not the clarity of the guidelines, but the failure of some advocates to adhere to and internalize these ethical standards.
Personal Experience and Systemic Flaws
Recently, I encountered a troubling situation firsthand. My tenant claimed INR 400,000 for renovations after 24 years based solely on an alleged oral agreement with my father in 1999. This claim lacks any supporting documentation and contradicts the Statute of Limitations, which prescribes a three-year limit for oral agreements. Additionally, the timing of the claim and continued rent payments further undermine its credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
This case study underscores the need for not just clear guidelines, but also effective enforcement and education. To address these shortcomings and restore public trust, I urge the Bar Council to take the following actions:
Review and Reinforce Existing Rules:
Reaffirm the clarity of the current guidelines and ensure they are widely disseminated and understood among advocates.
Develop a campaign to educate advocates about the importance of adhering to these guidelines, emphasizing the ethical duties they owe to all parties.
Enforce Disciplinary Measures:
Implement stricter disciplinary measures with clear consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims.
Enhance the capacity of disciplinary committees to investigate and act on complaints of unethical behavior promptly and transparently.
Promote Ethical Advocacy:
Strengthen ethical guidelines to more clearly define an advocate's duty to prevent frivolous lawsuits and uphold factual merit in legal proceedings.
Implement mandatory continuing education programs emphasizing ethical conduct and professional responsibility, including regular workshops and seminars.
By taking these proactive steps, the Bar Council can send a clear message about the importance of ethical advocacy. This will not only deter unethical practices but also significantly reduce the number of frivolous lawsuits clogging the court system. Ultimately, this will lead to a more efficient and just legal system for all.

raju   02 June 2024 at 22:23

Industrial dispute

In private care centre employee appointed as adm manager but his nature of duties were of clerical like typing entering data in computer work and filing of papers. My query is can he be defined as workman under the industrial despute act. His salary was less than 20000/- per month

Anonymous   31 May 2024 at 17:28

Regarding daily wages regularization

I need legal advice regarding my appointment as a daily wage worker (data entry operator) in NIT Raipur in 2013, with not- sheet approval. I am working still now.

Om Ali   23 May 2024 at 12:50

Builder money fraud on property, refuse to give back money

Dear Sir
Good Day

Hope you all are doing well

I went to buy apartment in 2017 and had paid total of 20 Lakhs of rupees till Dec 2019, and all those financials were handling by my parents, since I am working in hyderabad City. I had planning to travel to see the development of the apartment but unexpectedly covid pandemic.
And on Sep 2022 went back and surprise to see that the apartment was already sold out to someone.
The builder informed me that wherever you complain no issue. I then went to commissioner of police and lodged complaint, since no result over month period, I then lodged DGP police complaint and local police summoned me and asked to provide all the documents, which I did and had said that they will summon builder and investigate, all lied by local police then I travelled back but on the day of my travel builder came to local police station and handover 3 PDC each with 5Lakhs and every PDC three months gap.

At the beginning of May 2024 I hired local advocate to deal the case, he went and meet Inspector, SI and AC at station, advocate had informed me that the builder will settle money of five lakhs in cash in May 2024 and will handover 5Lakhs cheque Jun and Jul 2024 as Cash, but on 13-May-2024 advocate called me to come to police station to collect cheque, but when I went there he handed over the same 3PDC where builder handed over to local police station and informed to collect the original agreement.
The advocate forced me to sign the letter (in local language, I don't know).
In that letter. I would like to highlight below

1- I went to complain to commissioner of police along with my sister on 10-Nov-2023, Please note that I went alone and my sister arrived to Chennai City from Abroad only on 25-Mar-2024 after Covid pandemic.
2- The letter prepared on 10-May-2024 but presented on 13-May-2024
3- In that letter, mentioned that I went to complain for 15Lakhs, but I lodged a complaint of amount 20Lakhs rupees
4- In that letter they had mentioned that I accepted the offer of 15Lakhs rupees from builder and agreed to close the case against builder, which is absolutely false because I don’t know Tamil language and they forced me to sign.
5- I took the cheque and deposited it in bank and it was rejected and I know all of them are playing the builder, advocate and others.

It is like nightmare to get back my money from the builder, don't know where to complain, what action needed to take, to whom I trust? don't know.
I complain to CM Cell three times and local police closed
Personally went to meet DGP office but met the Inspector, went to complain to Police commissioner but met grievances cell Inspectors
Went to meet DCP and explained all in details but again went case to local police

Kindly advise how I get back money 20Lakhs and my sister 15Lakhs from the builder
I will be really grateful for all your advises,

Thanks you all with all for your time reading and suggesting.

Thanking you

jobstervijay   28 July 2022 at 04:36

Lawyer sending unauthorized notice

there are 2 instances but in both lawyer sent unauthorized notice
I manly need to know cpc for sending notice, do they need authority letter /consent letter and how to report such mal practice

1) recently copyright notice was sent to one publisher on behalf of another, accuser denies sending such notice in call but not giving in writing, when asked lawyer he said he sent notice on behalf of another lawyer ,another lawyer is found to frnd of accuser

2) when one person was selling flat paper notice was published on behalf of his wife ,but wife not accepting/denying such notice ( her being adamant is one of reason divorce case pending )

where to approch to force lawyer to prove authority
plz note,wordis force

gurinder singh   27 July 2022 at 14:34

Vat penalty

e way bill expired due to a sudden storm on hills as vehicle had to take shelter for few hours for storm to pass. VAT officer intercepted and asking to deposit tax and penalty. I asked trader to pay tax and I will pay penalty as he will get his tax refund, adjusted subsequently. Trader is not agreeing. He says his CA has advised him that he will not get his tax amount back. This seems illogical to me as govt will logically not take tax twice on same goods. Am I right or the trader is right?

Read more at:

Anonymous   26 July 2022 at 19:01

Cancellation of bail

Respected Experts,
I am a Newly Enrolled Advocate need some guidelines from the seniors,
Please guide me with caselaw for Cancellation of bail of an Accused who is released on Bail under section 375 IPC.