Advocate Asif Ahmed

Questions Answered by Advocate Asif Ahmed

Q: NDMC trying to encroach our 50 yrs. old NGO

An NGO named Harding Welfare Association, in Tilak Marg has been in operation for about 50 years now. Yesterday, this property was encroached upon by NDMC. We have all the papers required to prove that it is not an illegal property. Need a stay order from the court on urgent basis. Kindly help.

Advocate Asif Ahmed answered
You will have to move a writ petition in High court without any delay. I am presuming some show cause notice or some prior intimation must have been given by NDMC. If not then it will be a very good case for ad interim stay.

Q: Staututory Obligations after SC ruling. What are my legal options ?

AfterSupreme court order for closure of Liquor shops within 500 m along NH/SH. Is vendor of license need to pay installment of license fee of shops which are closed due to this judgement. After supreme court order to close particular business, whether obligation to pay statutory liability will also close or not?

Advocate Asif Ahmed answered
Without looking at the terms of the licence, I think you are not liable because a ban on carrying out business is an instance of force majeure i.e. any act which is beyond your control and incapacitates you from discharging your obligations in law, would not render you liable in any manner. The Supreme Court judgment was beyond your control and in fact an exercise of an extraordinary and exceptional power under Article 142 and that could not have been anticipated by you or prevented by you. The law in such cases protects people like you from any liability. In case of any other doubt/clarification please feel free to contact me.

Q: Clause of arbitration in case of Property dispute.

I along with my father and two of my brothers​ are the owner of a property.The Terrace was leased to Reliance Infratel for a tower.The rent was remitted to a joint ac operated by my father only.In 2014 , I asked Reliance to remit my share of rent to my ac, and they started remitting it to my ac.But when my father came to know about it he give a letter to Reliance and get it stopped.The letter contain objections which are irrelevant to the Agreement.This property is in 4 names ,each having 25 percentage share.we are Hindu by religion.The agreement has an arbitration clause in case of any dispute.The total rent pending at present is about 5lac.

Advocate Asif Ahmed answered
Firstly you must state who are the parties to the agreement/lease deed with Reliance Infratel. If you are a party then the arbitration clause is binding on you. In that case, you can issue a legal notice to your father along with Reliance Infratel demanding for your share of payment. If he denies, then a dispute arises and after that you must issue a notice to your father intimating him your intention to invoke arbitration clause. Thereafter once an arbitrator is appointed as per the arbitration clause, the matter can be submitted to the arbitrator fora adjudication. After the recent amendment to Arbitration Act, any arbitration case has to be completed in 12 months. So compared to filing a case in a court, you are better off before an arbitral tribunal.However, if you are not a party to the agreement/lease deed with Reliance Infratel, then the arbitration clause does not apply to you. You will have approach a civil court, preferably after issuing a legal notice (since the amount is only 5 lakhs it is always better to send a notice and explore possibility of a settlement rather than waste time and money in a court over such a paltry amount) If you choose to go to a court then the basis of your claim is basically that you are also a co-owner along with your father and brothers and therefore a share of the rent must also come to you. This is further supplemented by the fact that the bank account to which Reliance Infratel remits money is also a joint account.Therefore first clarify if you are a party to the agreement then decide on either course of action as stated above. In case of any further doubt/clarification please feel free to contact me.

Q: Date for agreement to sell expired,no response on notice sent to buyer

AGREEMENT TO SELL DATE EXPIRES LEGAL NOTICE SENT NO RESPONSE FROM BUYER,CAN I SELL MY PROPERTY TO SOMEONE ELSE, THE ADVANCE TAKEN CAN BE FORFEITED AS PER THE AGREEMENT, AGREEMENT TO SELL CAN ONLY BE CANCELLED LEGALLY OR ANY OTHER WAY? HINDU INDIAN

Advocate Asif Ahmed answered
Legally you can sell the property to another buyer if the agreement contains a forfeiture clause and as per that the other party must have committed some default thereby giving you the right to forfeit the advance amount. If this condition is satisfied you can go ahead and sell the property to another buyer.However the agreement to sell must be examined carefully first in order to assess the legal risks that you could be exposed to. Planning/strategising must be done only after thoroughly examining the Agreement to Sell.

Q: Can i appeal in SC for the second time if the first appeal is rejected

I hav a property issue, but My appeal in supreme court has been rejected and i want to appeal in Supreme Court i don't know the procedure of that how to second appeal plz give me some advice

Advocate Asif Ahmed answered
Ideally when an appeal is dismissed by the Supreme Court , as per rules the next remedy is to file a review petition and then later curative petition. However the chances of success in review petitions and curative petitions is very low. Having said that, you need to give more specific details of your case and depending upon that you may have a good chance. For example, if you had filed an SLP against a High Court order and that has been dismissed by the Supreme Court, you can file a review petition before the High Court and then later come to Supreme Court challenging both the High Court orders i.e. the main judgment and the review judgment. Therefore once you give more specific details you can be definitely advised if there is any way where your matter can be appealed in the Supreme Court.