Advocate Arun Johny

Questions Answered by Advocate Arun Johny (25+ answers)

Q: Employer refusing to provide compensation for Holidays.

I work at a cloud kitchen in Kochi. We are 7 employees in total. The company doesn't provide compensation for working on public and national holidays. When asked they're saying it doesn't apply to them even tho they are licensed and registered. I've tried talking to them multiple times but they're saying they won't provide.

Advocate Arun Johny answered
Since your employer refuses to comply, you can file an official complaint with the local District Labor Office in Kakkanad, Kochi. Labor inspectors have the authority to audit the kitchen's attendance registers, fine the employer, and recover your unpaid wages.

Q: Can I execute session court judgement in money and gold recovey

Can I execute session court judgement in money and gold recovey even when my high court appeal case is pending. It's been 8 years the respondents haven't paid any money or gold. My lawyer starts doing work for the execution of session court judgement. My high court is pending didn't goes much steps. Only notice send to the respondents and pending since 2025.

Advocate Arun Johny answered
Yes, you can absolutely proceed with the execution of the Sessions Court judgment for the recovery of your money and gold right away. Under **Order 41 Rule 5 of the Code of Civil Procedure (CPC)**, the mere filing or pendency of an appeal in a higher court does *not* automatically operate as a stay on the execution of the lower court's decree. Since the High Court appeal has been stagnant since 2025 with only notices sent, and no formal interim stay order has been explicitly granted to the respondents, the judgment remains fully enforceable. Your lawyer is adopting the correct legal strategy by launching the execution petition now; this proactive step legally compels the respondents to either satisfy your 8-year-old claim through the attachment of their properties or assets, or forces them to actively approach the High Court to seek a conditional stay, which judges rarely grant in financial and gold recoveries without requiring the debtors to first deposit a substantial portion of the disputed amount into the court registry.

Q: Queries in signing of a declaration in Rs200 stamp paper

I am a dentist working at a dental clinic where they are asking me to sign a declaration stating that the dental clinic will bot be affected, in any way, in case of any medico legal case filed in my name. How does this affect me, should i sign this, will the signed stamp paper be valid in court in cases due to other staff negligence indirectly affecting me?

Advocate Arun Johny answered
Signing this broad declaration acts as an indemnity bond, meaning that while it cannot stop a patient from dragging the clinic into court due to the rule of vicarious liability, the clinic can legally use this valid stamp paper to force you to pay for all their court expenses and damages. This is highly risky because if a case is filed in your name due to a systemic failure outside your control—such as a clinic assistant failing to sterilize tools properly, faulty imaging equipment, or a technician's error—the blanket language could legally trap you into carrying the full financial blame for another staff member's negligence. Instead of signing a blanket waiver, you should refuse the current draft and insist on adding a specific clause that limits your liability strictly to your own direct, proven clinical mistakes, completely excluding any infrastructural, administrative, or third-party staff failures.

Q: Cheque notice period expired & not living in the same jurisdiction

My father was involved with a property litigation for the agreement done in April 2024, and the GPA holder had to refund the agreement amount and damages as per the ext. agreement in Oct 2024. He made various part payments. In Dec 2025, he issued new cheques for 10 lakhs (two 5 lakh cheque), and 1.5 lakh cheque. He settled 3.5 lac before, & 4 lac after notice for 5 lakh cheques. Notice issued in Blore, & now we have moved to Kottayam, what to do? There is a blank cheque taken on a signed letter

Advocate Arun Johny answered
To resolve your matter efficiently, ensure that any ongoing criminal complaints for the two bounced ₹5 lakh cheques are filed within the strict 30-day post-notice window in the Bangalore court where they were originally presented, as the subsequent ₹4 lakh part-payment does not wipe out the offense for the remaining unpaid balance. For the ₹1.5 lakh cheque or the blank security cheque, you can legally execute your choice to anchor future litigation locally by filling the security instrument *strictly* for the actual remaining total debt (₹4 lakhs) and presenting it through your new bank account in Kottayam; under Section 142(2) of the NI Act, its subsequent dishonor will vest absolute criminal jurisdiction with the Judicial First Class Magistrate Court in Kottayam.

Q: Settlement of loan and alimony after divorce

I would like to file for divorce mutual or otherwise.My issue is that my husband has taken loans on my name for his business Will I be liable to pay for it after divorce or will court ask him to pay it .Also he will not be willing to pay me any alimony even if court grants it.Can anyway throw insight on this matter.

Advocate Arun Johny answered
In a mutual divorce, you and your husband must sign a written agreement deciding exactly how much he will pay you and who handles the debts. You have the power here because the divorce cannot happen unless you sign the final papers after six months; if he refuses to agree to fair terms or pay the alimony, you can simply stop the process and refuse to sign. Once the court officially grants the divorce based on your agreement, the law treats it as a binding order. i can help you for filing mutual divorce.