bharat khatwani
22 June 2024 at 10:38
My tenant has sent legal notice with baseless claims and without any supporting documents and has stopped paying rent. I have responded to this legal notice through advocate but tenant has not started paying rent. One of claim is for reimbursement of 100,000 (equal to 30 year's rent) spent by tenant for repairing, done without sending notice, he has not even provided bills, vouchers etc. to support his claim.. As per rent act tenant can demand repairing cost up to rent of 4 months only. I have asked him to withdraw notice and start paying rent. Is there any method of "quashing" legal notice? Is legal notice part of Judicia process ? Is there any provision of IPC similar to Section 340 CrPC & under Section 195 which may be used against BASELESS LEGAL NOTICE ?
bharat khatwani
22 June 2024 at 10:32
My tenant has sent legal notice with baseless claims and without any supporting documents and has stopped paying rent. I have responded to this legal notice through advocate but tenant has not started paying rent. One of claim is for reimbursement of 100,000 (equal to 30 year's rent) spent by tenant for repairing, done without sending notice, he has not even provided bills, vouchers etc. to support his claim.. As per rent act tenant can demand repairing cost up to rent of 4 months only. I have asked him to withdraw notice and start paying rent. Is there any method of "quashing" legal notice?
Anonymous
21 June 2024 at 09:42
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.
I HAVE UPLOADEDABOVE PETITION AT https://chng.it/g8T7vPVCbn PLEASE SUPPORT THIS PETITION TO ESTABLISH RULE OF LAW.
bharat khatwani
21 June 2024 at 07:25
have been told that if rent agreement do not mention tenure of tenancy is decided by termination of tenancy at will. Is it true? If yes .
please provide citation/precedence to support termination of tenancy at will. This matter is pertaining to house located in Ahmedabad Gujarat
Anonymous
19 June 2024 at 18:05
Hi Sir, My Father bought Educational Loan - 10 lakh in 2009 , for my sister to pursue MBBS. She Died in 2015 while working as a Government Doctor due to Septic Shock. After a Year My Mom (Guarantor ) Died Due to Kidney Failure.Both the Borrower and Guarantor Died. Bank Filed a Case on DRT Three years Ago.Now the Final Order from drt has came.
Now bank sent me a sarfaesi notice u/s 13(2) two months ago with demanding an amount of 34 Lakhs. I Sent an OTS Offer of Rs. 12 Lakhs and I have waited for their reply for two months but there is no reply from bank. So I Approached the bank after 60 days. Now they told me that we can't do anything and we are going to auction off your house.
To Avoid Auction process, I Sent an Another OTS Offer of Rs.18 lakhs but still no reply from bank.
I Never Want My House to be Auctioned.
What Should I Do Now? How to Approach this Matter?
bharat khatwani
17 June 2024 at 19:28
Pl. check out rough draft of termination of tenancy. Pl.suggest ways to strengthen it,.... Without Prejudice
Date: {today's_date}
To: Mr. ******
Address: **********
Subject: Formal Notice of Tenancy Termination Pursuant to the Transfer of Property Act, 1882
Dear Mr. *******
This communication is written on behalf of the lawful owner of the premises situated at ***********. It serves as an official notice for the termination of your tenancy agreement, as outlined in Section 106 of the Transfer of Property Act, 1882.
The termination of this agreement is based on the following compelling reasons that necessitate immediate attention:
Change in Ownership: Following the recent transfer of my client's family residence in accordance with their late mother's wishes, they are no longer in possession of a personal residence within Ahmedabad. This situation triggers the termination clause within the tenancy agreement, allowing them to reclaim the property for their own use.
Property Damage and Unauthorized Construction:
On August 11th, you reported filling a large cavity in the property. However, you simultaneously expressed concerns about the house becoming structurally unsound, raising serious questions about the cause of the damage.
Unfortunately, rather than engaging constructively to address these issues as outlined in our letter dated September 10th, 2023, your response consisted of a legal notice filled with inaccurate claims. We subsequently elaborated on this point in our communications dated November 11th, 2023, November 26th, 2023 (reminder of the first letter), and January 15th, 2024. Furthermore, your response deflected from addressing the potential structural concerns, constituting a violation of trust.
In the absence of a cooperative response, my client was compelled to contact the Ahmedabad Municipal Corporation (AMC) to investigate the situation. Their findings revealed that the extension of sewer and water pipelines at the property lacked the necessary permits.
We hereby request that you, within the next 30 days, provide a certificate from a qualified civil engineer confirming that the unauthorized construction of the pipelines did not contribute to the reported structural damage. Failure to comply with this requirement may necessitate legal action under the Act to rectify the damage caused and recover any outstanding rent.
Additionally, the AMC findings revealed unauthorized construction of outbuildings (bathroom, WC, and kitchen) on the property. You are required to oversee the demolition of these structures under the supervision of a qualified engineer. Once complete, you must provide a completion certificate from the engineer verifying the satisfactory demolition. As part of the move-out process, you are also required to furnish clearance certificates from the Ahmedabad Municipal Corporation (AMC), Torrent Power, and the Revenue Department, confirming that all outstanding utility bills and property taxes have been settled.
Verification of Rent Payments:
We refer to your legal notice which included a check for ₹3,600. Additionally, your claim of consistently depositing rent payments directly into the designated bank account requires verification. We request that you provide documented proof of these rent payments within the next 15 days. Acceptable documentation includes bank transaction receipts or account statements demonstrating the alleged direct deposits. Furthermore, you are required to collect all outstanding rent payments, including but not limited to the aforementioned ₹3,600 ONCE AGAIN , by providing a cheque, demand draft, or cash, whichever is most convenient for you.
Please be advised that failure to comply with the directives outlined in this notice and to vacate the premises within 30 days from the date hereof will necessitate further legal action to safeguard my client's property rights and enforce the termination of the tenancy agreement.
Your cooperation in ensuring a smooth transition and preserving the structural integrity and legal status of the property is paramount. Should you require clarification on any aspect of this notice, or have any inquiries, please do not hesitate to contact me directly.
We anticipate your understanding and prompt compliance with the conditions laid out herein. Thank you for your immediate attention to this matter.
Sincerely,
[Your Name]
Anonymous
11 June 2024 at 22:25
My Tenant sent legal notice on 25/09/2023 claiming Rs 400,000 on basis of 24 year old oral agreement by my father before his death for renovation. tenant did not mention this in his letter dated 11/08,Did not mention it in his Reply of my notice of 25 Aug.2011,tenant did not send WA ,SMS, ETC, tenant has not given details of expenses, amount is highly inflated this amount is enough to build totally new house, double in size, it violates provisions of limitation act 1963,this claim is made to sidestep content of my letter dated 10/09.In this letter I had asked details about pipe lines layed by tenant without my informing me and without seeking permission of municipal authorities.
raju
02 June 2024 at 22:23
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
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.
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Need professional help to present my case to bar council
After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To:
Bar Council of India,
New Delhi.
Subject: Urgent Action Needed: Advocate Misconduct and Epidemic of Baseless Legal Notices
Dear Members of the Bar Council,
I am writing to bring to your attention a serious issue that is undermining public trust in our legal system: the unethical practice of sending baseless legal notices. Recently, I received a legal notice from my tenant, drafted by Advocate***********, containing fabricated allegations and time-barred claims, leading to the tenant stopping rent payments. Despite my detailed response highlighting the absurdity and lack of evidence, the advocate neither withdrew the legal notice nor advised his client to resume paying rent.
To delve deeper into this issue, I conducted two experiments on Pathlegal. In one, I posed a hypothetical scenario involving a bank robber's accomplice seeking an unfair share of stolen money. Disturbingly, most advocates showed no reservations about drafting such an unethical notice. In another experiment, even when presented with clear Bar Council guidelines to be fair to the opponent, advocates still showed willingness to pursue baseless cases.
These experiments underscore a deeply ingrained problem within the legal community, contributing to a backlog of frivolous cases and significantly eroding public trust. During a recent podcast, an eminent lawyer, who was felicitated by the Gujarat Government, mentioned that it would take 350 years to clear the current backlog of cases in our courts. This highlights the severe impact of frivolous legal notices on our judicial system.
Moreover, my search on the Bar Council website and the internet revealed no instances of advocates being punished for sending baseless legal notices, highlighting a concerning gap in enforcement and accountability.
Therefore, I urge the Bar Council to take the following actions:
Investigate Advocate Misconduct: Initiate an investigation into the conduct of Advocate [insert name] to determine the extent of ethical violations.
Enforce Ethical Guidelines: Implement stricter enforcement of existing guidelines and introduce a graduated disciplinary system for violations.
Enhance Advocate Education: Introduce mandatory training programs on ethical conduct and professional responsibility.
Raise Awareness: Launch a campaign to educate both advocates and the public about ethical legal practices and their importance.
By taking these steps, the Bar Council can deter unethical practices, reduce frivolous lawsuits, and restore public confidence in the legal system. The future of our legal profession depends on upholding high ethical standards. I am ready to assist in any way possible and look forward to your prompt response.