Balaji Bakthavathsal
23 August 2024 at 09:54
in a Civil Appeal Suit against the ex-parte judgment, can the respondents who remained absent and suddenly enter into suit & present their arguments ?
bharat khatwani
23 August 2024 at 09:00
I am going to lodge complaint against advocate in bar council.Read draft,act like accused advocate and present your defence,it will help me in improve my draft. To: The Chairman, Bar Council of India
21 Rouse Avenue, Institutional Area,
Near Bal Bhawan, New Delhi - 110002
Date: [Insert Date]
Subject: Formal Complaint and Request for Disciplinary Action Against Advocate [Advocate Name] for Professional Misconduct
Respected Chairman and Members of the Bar Council,
I, ********, hereby lodge a formal complaint against Advocate [Advocate Name] for serious professional misconduct. I request urgent intervention from the Bar Council to uphold the dignity and integrity of the legal profession.
1. Context of the Complaint:
In 1978, my father rented out a house located in the ******* area, to Mr. ******. As per the agreement (compromise) reached in court, the rent was fixed at ₹300 per month, and the tenant was responsible for any future increases in municipal taxes. However, the agreement mistakenly omitted mentioning the Mehsul Tax. To address this, it was mutually agreed that the tenant would pay municipal taxes, while my father, the landlord, would be responsible for Mehsul Tax. This arrangement continued even after my father's passing. Legal notice sent to me also confirms that rent was 300 + municipal taxes.In 2019, to curb my tenant's habit of late payments and frequent demands for money for repairs, I requested him to start paying rent by cheque. Unfortunately, even this approach didn't lead to any improvement. My bank passbook confirms that he hasn't sent any cheques since the one for ₹3600 in January 2019.
On July 2nd, 2023, the tenant visited me and claimed to have spent money on installing new sewage and water pipelines. He also demanded rent receipts for the money spent by him but failed to provide any supporting bills or vouchers. Although this demand was not in line with the Rent Act and he hadn't sought my permission before incurring this expense, I still requested him to present the bills/vouchers and a copy of the application submitted to the Municipal Corporation for the new connections.This request apparently upset him, and he sent a letter dated August 11th, 2023, along with a cheque for ₹3600. In the letter, he vaguely mentioned filling a large cavity measuring 10' x 5' x 6' deep, but again, without any documentation. He also demanded that I undertake major repairs, claiming the house was unsafe to live in. Additionally, he tried to pressure me by stating that I would be held personally responsible for any fatality.Since the occurrence of a cavity in a pucca (well-built) house is highly unusual, I requested him, on September 10th, 2023, to provide details of the pipe installation (which he omitted in his letter) to help identify the cause of the cavity. An abnormally large cavity has the potential to cause significant damage to the structure, so this information was necessary.On [Insert Date], I received a legal notice from Advocate [Advocate Name], filled with falsehoods and baseless allegations. These include exorbitant repair costs, fabricated claims regarding rent deposits without receipts, and other unsubstantiated assertions. Below are the specifics of these spurious claims and my refutations:2. Specific Allegations of Professional Misconduct:
2.1 Inclusion of Time-Barred Claims:
The notice asserts that the tenant incurred expenses of Rs. 4,00,000/- on renovations in 1999, based on an alleged oral agreement with my late father. These claims are clearly barred by the Limitation Act, 1963, and lack any legal standing.
2.2 Pushing Unsubstantiated Claims:
The legal notice introduces claims never previously mentioned, including in a letter dated 10th August 2023, which predates the notice. No evidence or documentation has been provided to substantiate these new allegations.
2.3 Ignoring Contradictory Conduct of the Tenant:
Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which inherently contradicts the current claims.
2.4 Suspicious Timing:
The tenant purportedly undertook repairs without my knowledge or consent. Following my letter dated 10th September 2023 raising concerns, a legal notice was strategically issued to undermine my position.
2.5 False Claim of Rent Deposit:
The notice falsely alleges that the tenant deposited rent into my bank account without receiving receipts. This claim is unsubstantiated and contradicts the tenant’s earlier communication dated 10th August 2023.
3. Evidence of Fabrication and Misconduct:
A thorough review of all prior correspondence, including letters, emails, SMS, and other forms of communication, reveals no reference to these claims. This strongly indicates that the allegations were concocted as an afterthought to avoid addressing the legitimate issues I raised.
4. Deliberate and Malicious Conduct by Advocate [Advocate Name]:
Despite my detailed and comprehensive response refuting these baseless claims, Advocate [Advocate Name] persists in maintaining these falsehoods. This conduct is a clear attempt to obfuscate the truth and unjustly prolong legal proceedings.
Such behavior constitutes a grave violation of the professional conduct rules established by the Bar Council of India, specifically:
Rule 4: Advocates are duty-bound to refuse to act in any manner that is illegal towards the opposition.
Rule 5: Advocates must not represent clients who insist on using unfair means.
5. Broader Implications of Such Misconduct:
This is not an isolated incident. It reflects a concerning pattern where some advocates exploit legal loopholes to harass and intimidate individuals. Such conduct erodes public trust in the legal profession and undermines the rule of law.
6. Impact on the Complainant:
The unethical actions of Advocate [Advocate Name] have caused me immense emotional distress and financial hardship. The constant threat of baseless litigation has led to anxiety, sleepless nights, and unwarranted legal expenses.
7. Prayer:
In light of the above, I humbly request the Bar Council of India to:
Initiate a thorough investigation into the professional misconduct of Advocate [Advocate Name].
Impose appropriate disciplinary measures to deter such unethical practices in the future.
Implement systemic reforms to address the broader issues that enable such misconduct, including stricter oversight and clear guidelines for verifying claims made in legal notices.
Mandate that courts report any advocate misconduct to the Bar Council for immediate action.
8. Conclusion:
I trust that the Bar Council will take prompt and decisive action to uphold the sanctity of the legal profession and restore public confidence in our justice system.
Thank you for your consideration and anticipated action.
Yours sincerely,
*******
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23 August 2024 at 08:51
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Gauu
23 August 2024 at 05:40
Hi,
I’ve been dealing with a ceiling leak for the past two months. In June, I spoke with the owner of the top-floor flat. Although he mentioned he doesn't live there, he eventually allowed the builder to carry out some white cement work. Unfortunately, the leak persisted. The builder then recommended a water pressure test to check for possible pipeline leaks, but the top-floor owner has been uncooperative. He blocked my contact and WhatsApp and has refused to facilitate the necessary work.
Following the builder’s suggestion, I had pu grout applied from my room, but this hasn’t resolved the issue. The top-floor owner continues to make excuses, claiming he is out of Mumbai or too busy to address the problem.
Given that the society is not yet formed and the builder is responsible for repairs within the first five years, the builder is willing to fix the issue but requires access to the top-floor flat. The leak has worsened over time, and the grout work in my room has caused additional damage to my ceiling, impacting my living conditions and mental health.
What are my options here? Is there any legal action I can take against the top-floor owner for the damage and inconvenience I’m experiencing?
Yateen
22 August 2024 at 18:58
Hello,
My property is in south Mumbai and it is a pagdi property. I just wanted to know that can we add a point in the irrevocable consent form such as "I give my consent on the terms and conditions as more particularly mentioned in the MoU and the same be treated as integral part hereof"
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22 August 2024 at 13:10
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Anonymous
22 August 2024 at 10:08
I want to know that if there is a partnership between two people and the profit share is such that the first party is asking for 60% share and the second party is asking for 40% share, then is the first party at home? He is investing money to run the guest house but the property is in my grandmother's name. Can the first party sell or take possession of the property.
Amit
22 August 2024 at 06:02
Can a suit for declaration be filed in high court ?
My property is located in Madhya Pradesh.
What is the court fees for the same?
I am in possession with title via registered partition deed.
Do we need to file a writ petition? Under which law is it filed?
Is a newspaper advertisement published?
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Regarding providing physical possession
I bought a property House from Nationalised Bank in Punjab as a notice has been published by Bank under Sarfaesi Act for sale of said property. I bid for this property by checking the property paper inspected at branch level and become Highest bidder in the said eauction. As bank is not having physical possession, Bank's recovery Agency personnel Called me on the time of Bidding and act as Bank personnel and assured me Physical Possession after bidding.
Now Bank is ignoring and not replying in this matter, I have given 90 days to deposit remaining 75% amount under Sarfaesi Act. Current Owner is not vacating the house. Recovery agency is trying to get notice issued from the Tehsildar Office.
What are the option to get the property vacated even if bank unable to Provide Physical Possession.
Bank has published notice in leading Newspaper even without mentioning the details like Symbolic Possession or Physical Possession.