Advocate Himanshu Pathak

Questions Answered by Advocate Himanshu Pathak

Q: Can you go abroad if you have civil case pending ?

Hi, I have a dispute with a past employer and they have filed a civil suit (Contract obligation), I have received a job offer from a company based in USA, my visa is already applied and approved. Is there a restriction on my travel? Can I appoint a lawyer to represent me in my absence, what happens if my employer demand my presence for a deposition in court. I am really consfused with the fact if they can stop me from getting this job?, can i travel if i have a civil case ?

Advocate Himanshu Pathak answered
That the dispute is civil litigation, you may engage a advocate and also execute Power of Attorney. The personal presence is not essential unless the court order to that effect. Subject to order of court there is no restriction to travel abroad. If there is no such order passed by the Court, therefore you may travel without any hesitation. It is further clarified that in case the employer demand your presence the same may be objected by your lawyer.

Q: Memo of appearance in criminal cases by advocates

Plz tell me about the format of memo of appearance by advocates , how to fill memo of appearance ?

Advocate Himanshu Pathak answered
See format easily available on website, stationary shop etc. For ready reference the format i9s here in below::Memorandum of AppearanceOFADVOCATEIn the Court of _______________________________________________________In Re : _____________________________________________________________V E R S U S_____________________________________________________________________The undersigned is appearing in the above case on behalf of ______________________________________________________________________________________________________________________________________________________________He has been authorized to appear by ____________________________________________________________________________________________________________Dated ADVOCATE

Q: Road accident on bike while returning home from job

I was returning home from my job at 10:30pm I met an accident near Madhuban chowk. A drunk pedestrian came on the road and while trying to save him,my bike got disbalanced and I collided to the divider. I got 5 stiches on my left eybrow and my bike is not in condition to work, completly broken. After the accident I was unconscious and police took me from there to the hospital nearby i.e Babasaheb Ambedkar hospital in Rohini. MLC was made by them. Now the issue is that when I return to my office after 14 days of that accident, they asked me to meet the HR. The HR told me that since the incedent is happened while returning home. So company is not liable for anything and they simply ignored all the documents of accident and all. Almost all of my SL(sick leaves) and CL (casual leaves) were consumed. Perhaps it was not a casual incident and I was not sick. This is wrong. They must look at the case. Is there anything that I can do ?

Advocate Himanshu Pathak answered
See you write a letter to the HR narrating the entire incident with copy of MLC and other documents and asked for the sick leave etc as per the company rules. Again at the same time you may check with your company is there any group insurance policy taken by company for the employee, whereby you are covered. Ultimately if they fail to act you have to approch court

Q: Electricity bill received even when the meter was not there

My electricity meter at my office was stolen on 15th Aug and FIR was filed with Delhi police. I had submitted above details with concerned BSES office of my area on 17th -Aug. It's been over a month no meter has been installed till date. To my shock I have received a bill with my two months of consumption charge for the month of Aug. What legal advise do you have for me ?

Advocate Himanshu Pathak answered
Just right a official complaint to the appellate authority of BSES and if they failed to respond you may file complaint in Electricity Tribunal and/or Court claiming the waiver of fee and installation of new meter.

Q: No. of small factories in a Residential area since past 10 years

Hello There has been a number of small factories of making plastic dolls, idols etc. for the last 10 years. In last three - four years, they occupied the much more space and landlord had made a building for them also. It causes Noise and Air pollution 24 x 7 in the colony. No. of workers is more than 50. There is also a security issue and it disturb the daily life of residence. Issue of child labour is also there. They give bribe to police every now and then. Please tell me the procedure of complaint and to whom I have started with.(like MCD, CM office, police etc). Online complaint is enough or should I post the hard copy of letter. Did I need the sign of my neighbors. Did I require photos for future reference. Please tell me the procedure and how I should plan these thing step by step

Advocate Himanshu Pathak answered
First of all right a complaint with photographs, details and other proof to the concerned Police Station along with Deputy Commissioner of Police of concerned area. Apart from that send the copy to Government Department, NGT, Child Labor authority, MCD and Pollution Control Board. If they fail to take any action you may move to either High Court or NGT.