Advocate K. Sudhinkumar

Questions Answered by Advocate K. Sudhinkumar (25+ answers)

Q: Punishment for call recording without consent in india ?

What is the punishment for call recording in India if someone records my phone conversation without my consent or without court permission—especially by misusing their influence in the cyber cell or through the service provider? Can I sue someone for recording me without my permission in India and claim compensation? Is it possible to retrieve old call recordings in such cases?

Advocate K. Sudhinkumar answered
Dear friend, recording phone calls without your consent or court approval is a clear violation of your fundamental right to privacy, protected under Article 21 of the Constitution of India. Unauthorised call recording or phone tapping is considered illegal and is punishable under the Indian Telegraph Act.

Yes, you absolutely can sue someone for recording you without your permission in India. You may also be entitled to claim compensation for breach of privacy and misuse of personal communication.

If you suspect that your phone calls have been recorded without consent, you should immediately file an FIR (First Information Report). A detailed investigation by the authorities can help uncover the facts and initiate proper legal action under applicable laws, including relevant IPC sections and provisions of the Telegraph Act.

Q: After construction of road rainwater entering property

have a plot of land adjacent to a normal road (not SH or NH). The Public Works department modified the road few years ago and built a kind of drain (oovu) where the rainwater that flows along the road gets diverted into our property. We were not at the place when they built such a drain, we were outside Kerala, and therefore we came to know about that couple of months ago only. Now we were reconstructing a border wall (increasing the height of a pre-existing wall) and at the same time building a small wall (around 2 bricks height) against the drain that was created. All constructions are done on our side of the land. Unfortunately, we completed the construction when some one told us that we needed the permission from the Panchayat to do so. Kindly advise on how can we proceed further and also about consequences. During rainfall, all public water flows into our property because of this drain.

Advocate K. Sudhinkumar answered
Hi there,For constructing a boundary wall abutting a public road, permission from the local authority is required. From your facts its clear that you havn't obtained the same. Now you can do one thing , approach the local authority with a request to regularize the construction that they normally will do. Of there was any wall existing then also you need that permission. With rgard to the drain pl make a complaint before the authoriy concerned for appropriate action. If they fail to do so we can approach the court for avoiding the nuisance caused.RegardsAdv. Sudhinkumar

Q: What can we do if govt. is restructuring and not giving posts

we are some job seekers who included in kerala psc list of work superindent soil conservation wing in agri dept.some appoinmwnts are done already in these monts.now report 3 vacancys to the head office.for the enquiry we call to soil con. head office and ask them when will they report these wacancies to psc.they replyed that they got an order from gov. that dont report vacancy to the psc and fill the vacancy with employes who engaged in a droped project.they are going to fill the vacant post with employes who already working.how can we overcome this problem.

Advocate K. Sudhinkumar answered
If you are placed in the ranked list then pls approach the court for reporting vacancies and to effect advise to the vacancies already reported. Please provide further details of the government order issued to the psc for further assistance.

Q: How to defend against a reputed company's manipulated complaint?

Hello sir, Some of my friends started their own IT firm recently with the same product of their old company but without copying anything from the product of their previous company. But a few days ago the previous company raised a complaint and with their money power they hired expert lawyers and they collected orders to do ride to my friend's office unexpectedly. even they had papers to collect data of my friend's personal emails.also, they copied all the source code of my friend's product claiming they need to send it for further analysis. but they said they got orders to copy data related to the trademarked name of the company who raised the complaint but still they copied whole data with them. now my friends are in deep depression as they dont have enough fund to get an expert advocate and meanwhile the first party raised an injunction order too for a temporary stay. what can we do in this condition ?

Advocate K. Sudhinkumar answered
Hi there, As the matter is in court bow i advice you to go to a lawyer with all necessary details you have. Brief him what happened exactly. Who raided your property, what actions have been taken by the reputed company. Just vgue statement wont suffice to give you proper legal assistance. If any injunction is there against you immediately take steps to vacate that. Feel free to consult.

Q: Husband got bail but lawyer asking get court bail to appear in court

My husband is on bail but lawyer told that he can only appear in court only after getting court bail.what is that court bail. Can he appear for the hearing without that court bail.Explain me clearly.

Advocate K. Sudhinkumar answered
Hi there.Frkm the information that u have shared it can b assumed that your husband was out on bail granted by police. Now trial might have started and your husband will have to appear before the court and get a bail from the court. These are normal procedures. And please share exact information so that anybody can help you out easily