Advocate Kriti Gupta

Questions Answered by Advocate Kriti Gupta (25+ answers)

Q: Harrasment at Workplace and Transfer requirement

I am at middle level in a top navratna psu operating in Delhi and all over India, harassed by my few seniors tremendously from 03 years, holding my three promotions, my original location of posting denied, change in my domain work, denying my transfer request in line with transfer policy, routine discrimination during work due to my regional background , second grade treatment like denying participation in important department meetings with top management (online meeting link was also denied),

Advocate Kriti Gupta answered
To address this, you should first document all instances of harassment, withheld promotions, discriminatory actions, and policy violations with supporting evidence like emails, official orders, and communication records. Next, file a formal written complaint with the company’s Internal Grievance Redressal Mechanism, clearly detailing your grievances and seeking redress. If the internal process fails to provide relief, you can escalate the matter to higher authorities, such as the Chief Vigilance Officer (CVO) or the Ministry overseeing the PSU, citing unfair labor practices and violation of transfer and promotion policies. Parallelly, you may explore legal remedies under the Industrial Disputes Act, service jurisprudence, or approach the Central Administrative Tribunal (CAT) if applicable. Given the seriousness of the matter, strategic legal action will help safeguard your professional rights and prevent further victimization. For a detailed and customized legal strategy, please share the complete facts and available documentation.

Q: Recovery suit from a private limited company. W

Ihave a recovery to make fromPrivate limited company against rice business which has all 4 directors family members. My case is in court and got stay on their residence. Now bank has come in court as they have taken LAP against property and now not paying interest so bank wants to recover their dues by selling property. I have only the property as a hope to get my payment. What should be the next step.. Please guide

Advocate Kriti Gupta answered
immediately file an application for intervention in the bank’s recovery action, highlighting your client’s existing stay order and the pending recovery suit. Simultaneously, seek to establish charge or lien over the property, if possible, by demonstrating the unpaid dues arising from the rice business. If the property is sol chances of recovery could diminish, so it’s important to request the court to prioritize the settlement claims from the sale proceeds after clearing any secured debt, like the bank’s mortgage. For a more strategic approach, please share complete details of the case and the current stage of proceedings.

Q: illegal possesion of property by relative

my father got 6 acre farm from his brothers will, after few month my father got paralysis attack, he orally given his lil brother our farm for farming purpose, now his brother saying he wont let us sell or enter farm because he has taaba on it. he has a condition that we have to transfer farm legally to him and he will buy us a house and keep remaining money himself. what to do with people like this? he is expert in fraud and lie, and false document creation.

Advocate Kriti Gupta answered
In the present circumstances, it is evident that your father remains the absolute legal owner of the 6-acre farmland, having acquired it through a valid testamentary disposition (will). The alleged oral permission granted to his younger brother for agricultural purposes does not, in any manner, confer ownership rights or any legal interest in the said property. Any claim made by his brother asserting a “taaba” over the land is devoid of legal merit and constitutes an act of encroachment. Given the situation, it is advisable to initiate legal proceedings by serving a well-drafted legal notice demanding immediate cessation of unauthorized possession and interference. Subsequently, filing a suit for permanent and mandatory injunction before the appropriate civil court would safeguard your father’s ownership rights and restrain any further unlawful claims or attempts to alienate the property. Additionally, considering the brother’s alleged history of fraud and document manipulation, a criminal complaint for criminal trespass, cheating, and forgery under relevant sections of the Indian Penal Code may also be warranted. For a detailed and precise legal strategy, please share the exact and complete details of the matter.

Q: How to stop Abusive neighbour in Building

There is a lady neighbour in our building who has been creating a ruckus for no reason for the past 3-4 months. She obstructs the entry of other neighbors, domestic helpers living in the same building and abuses people in the building without any logical reason. Whenever we try to stop her, she threatens to implicate us in false cases. We have also complained to the local police, but they said it is a personal matter. Hence, i would like to know the legal remedies available to stop her activity

Advocate Kriti Gupta answered
If a neighbor is continuously harassing and obstructing residents, legal steps can be taken to stop such behavior. A written complaint should be filed with the police citing relevant laws related to nuisance, obstruction, and intimidation. If the police refuse to act, approaching higher authorities or filing a formal complaint with the Commissioner can be effective.For immediate relief, a petition can be filed before the local magistrate seeking restrictions on her actions. A civil suit for injunction can also be pursued to legally prevent further disturbances and claim damages for harassment.In buildings with an RWA or housing society, complaints can be made to initiate internal action. Collecting CCTV footage, witness statements, and written evidence strengthens the case.A legal notice warning of further legal consequences may deter continued misconduct. If the issue persists, maintaining records of incidents will support stronger legal steps.

Q: Stay by High Court against section 37 appeal

High Court Punjab in its order dt 1-7-19 granted stay of execution of Arb award against Housing Board subject to condition that HBH deposit entire award amount and respondent can withdraw same by furnishing security. Then, Supreme Court in SLP ordered for surety bond of a property of HBH to be accepted by registrar of High Court as security and the case to be decided in six months. Case is pending from last 5 yrs. Do I have option to return to Supreme Court and get amount against security.

Advocate Kriti Gupta answered
I hope this message finds you well. As per the current status of your case, we have filed an application for early hearing before the High Court. However, if we do not see significant progress or an expedited hearing is not scheduled promptly, we have the option to move before the Supreme Court. This would involve seeking a direction from the Supreme Court to the High Court, urging them to prioritize and decide your matter in a timely manner.Such a course of action can help expedite the process, particularly if there are compelling reasons to argue for urgency. If you are in agreement, we can proceed with this approach and prepare the necessary documents to approach the Supreme Court for directions. Please let me know your thoughts, and feel free to ask if you have any questions or require further clarification.