Advocate Eshita

Questions Answered by Advocate Eshita (25+ answers)

Q: SC ST ACT MATTER DEFENSE Please help I am in trouble

I have filed a case under sc st act, my lawyer is not good, please help. My rights are violated.

Advocate Eshita answered
You are seeking assistance in a case filed under Schedule caste & schedule tribe act, citing concerns about your lawyer's performance and perceived violation of right. Clearly articulate your concerns and dissatisfaction to your current lawyer to see if a resolution can be reached or if there are misunderstandings that can be clarified. Otherwise you can consider changing your legal representation if you believe your current lawyer is not effectively handling your case or protecting your interest.

Q: Noc is required or not in barasat court West Bengal in matrimony case

Hi team,Do I need No object certificate for my matrimony case in barsat court kolkata West Bengal from previous advocate. If he don't agree to give noc then still need advocate can file his vakalatnama?

Advocate Eshita answered
Yes it is required. The previous advocate will sign in the left side of the middle position of a new vakalatnama by mentioning no objection, signature, and date. If he doesn't agree to provide then the new advocate , whom you want to appoint can still file fresh vakalatnama.

Q: OPD Reimbursement Claim under WBHS

Since 2017 I had been undergone neurological treatment at Apollo Chennai on my own expenses. In Feb 2024 I had gone there for routine check up. On arrival suddenly I felt chest pain and sweating and immediately seek cardiologist's advice and detected severe heart blockage and as per doctor's advice to save my life immediate angioplasty was done.but in this emergent situation I had no time to obtain prior permission from WBHS authority. After discharged from hospital I made prayer for condonation and claim for reimbursement.But they denied citing no prior approval for treatment though I had already mentioned it was unwanted situation and no time to save my life. In this situation may I appeal before court for consideration.

Advocate Eshita answered
In such situations where immediate medical intervention is required to save a life and obtaining prior permission is impossible, courts may consider waiving the requirement for prior approval. the core of argument would rest upon the ' emergency clause' or similar provision within the relevant regulations or case law that allow for ex-post facto approval or reimbursement in life-threatening situations. It is crucial to gather all the supporting documentation. the court will ultimately consider the specific facts and circumstances of the case whether to grant appeal for reimbursement.

Q: Harrassed mentally and physically, humiliation and property damage.

I am a 26 years old female. Last year I was preparing for an important competitive exam, giving my last attempt. A neighbour and his family humiliated and harrassed me publicly and nobody did anything. He damaged my property(vehicles and my clothes), the police constable did nothing about it.They didn't even help. My parents didn't do anything about the situation thinking it would only aggravate it. This neighbour again recently damaged the scooter. Also my exam was badly affected from this.

Advocate Eshita answered
Despite previous inaction, an fir should be filed regarding public humiliation, harassment, and property damage. it would create a legal record of the incident. A civil suit can be filed against the neighbor for the damages caused to property as well for emotional distress and impact on the competitive exam preparation. This would seek monetary compensation for losses.

Q: Obc ncl certificate issuance and eligibility

My grand father was farmer and my father recently retired from coal india class 1 officer in 2023 and he was in class 1 officer category since joining coal india and now I am also officer class 1 category . Then can I eligible for obc ncl certificate issuance on the basis of my retired father.

Advocate Eshita answered
Based on your given information, it is highly likely that you are not eligible for an OBC NCL certificate due to the Creamy layer criteria to your father's and your own class 1 officer status. Your father's retirement status does not automatically make you eligible for OBC NCL if the criteria for creamy layer were net during your father's service or if your family's income still exceeds the threshold.