Advocate Rahil Chadha

Questions Answered by Advocate Rahil Chadha

Q: Can I file a case for illegal appointment by the government department

I would like to know about illegal appointment done by government department. Department XYZ adevrtises 2 vacancies against a post and conducts written examination against the same. After the written some candidates are shortlisted for interview. I was one of the candidates who was shortlisted for interview. Finally Two candidates are selected against 2 vacancies. My rank was 5 in the final list. One of the candidates who was selected had an invalid degree. And i am planning to go 4 a case agaist the illegal appointment as tge degree is not valid. Will i b benefited if i register the case.

Advocate Rahil Chadha answered
There have been instances in the past where the Courts have granted relief to those who come before it to challenge a selection process. But for that we would have to bank absolutely on the court's discretion. Otherwise, given that you are placed 5th in the order of merit, ouster of one of the two selected candidates cannot benefit you. Plus there's always a chance of those figuring above you coming with a similar petition, in which case even discretion can't be exercised in your favour.

Q: Acquitted of case in 2013 and now received notice from high court

There was criminal case against me filed in 2009 and it was finished in the sessions court in 2013. I was acquitted. Now i have received notice from the high court. I am a student and i want to know can a case be reopened after 3 years? What should i do?

Advocate Rahil Chadha answered
What appears from the facts disclosed is that the State might have preferred a Criminal Acquittal Appeal against the order of acquittal accompanied by an application seeking condonation of delay. However, the correct state of things can be known only by first looking at the notice received by you.

Q: Selected in govt teacher examination but they put me in waiting list

I have been selected in jkSSb exam teacher exam I and one more person was in merit list but that person got selected but they have kept my name in waiting list.

Advocate Rahil Chadha answered
Posts in a selection process are to be filled up by taking in candidates in the order of merit. If the number of posts advertised got filled up in your category by candidates higher in merit than you and you are next in the order of merit to the candidate last selected, you'd be given a place in the waiting list, if any, to be issued. If you have obtained equal marks as obtained by the candidate last selected, the tie breaker rule will decide as to who gets a place in the select list.

Q: sold my house on wrong agreement now how to recover money

<!--StartFragment-->I Entered Into An Aggreement On Stamp Paper Of Rs 100/- In Presence Of Notary For Sale Of House For Ten Lacs. In Theagreement It Has Been Mentioned That Three Lac Has Been Paid And Remaining Seven Lac Shall Be Paid On Sale Of Hous E Without Mentioning Time Limit. In The Agreement Also Mentioned That I Have Given All Rights For Sale, Possession, Visit Whatsoever . The Person Has Also Talen Original Documents Along With Key Of House. In The Agreement Also Mention If I Fails Then Have To Pay The Double Amount. After Doinng All Acts Has Given One Lacrs And Promise To Pay Remaining Amount. What should I do now?

Advocate Rahil Chadha answered
You will have to file a suit for specific performance of the agreement to sell seeking a direction to the other party to perform his part of the obligation. A parallel criminal proceedings can also be launched for cheating.which would also build up pressure on him to pay up.

Q: Share of a daughter in parental property

My well known lady 42 yr old, is jammu born.She was married to somene from Amritsar at the age of 18, by the choice of her parents. Due to problems from her husband side she was left with no other option but to leave husband house & obtain divorce that too without alimony. From the last one year she is living like orphans & is being denied any legal right from her well to do jammu based parents side. Plesse guide in this matter so thst lady may fight for justice.

Advocate Rahil Chadha answered
The only legal right which she may have is to a share in the parental property, however, it depends upon how many siblings she has. Further, her right to a share in the property of her father would depend on whether the subject property is ancestral property or self acquired property of her father. If so entitled, she may go for an action for partition.