Advocate M. Mahaboob Athiff

Questions Answered by Advocate M. Mahaboob Athiff

Q: High interest - loan issue (borrowed from a lady) non banking finance

I borrowed 20 lakhs money from a lady for monthly interest. I paid half of the money (around 10 lakhs) borrowed as interest. She is collecting high rate of interest. Due to medical situation I borrowed money from her. Now, Due to corona I lost my job. Because of this I am unable to pay her full interest amount monthly. but she is not accepting and giving torchurie to me and my husband.. I don't know what to do.. please advice

Advocate M. Mahaboob Athiff answered
you can give a complaint to the police because it's exorbitant collection of interest prohibited in law. It depends on the state you are if you are from a state like Tamilnadu where there is a law prohibiting collection of exorbitant interest you can lay a complaint with the police .

Q: Action against trespassing into private property for illegal means

Our property is in hosur, since we are in bangalore we hardly visit the place. Neighbours and villagers are taking advantage of the place by trespassing and having liquor and neighbours cut the fencing wire and are using our property as road. What to do stop this as we cannot go daily to check

Advocate M. Mahaboob Athiff answered
If you know any specific person committing such theft or trespass, the you can lay a complaint with the police . if you fear theft of movable property and you need police protection then you can prefer a representation to the sup of police and move the high court if the apprehension is serious. best one is get a watchman or caretaker.

Q: High noise from wood shaping machine near my house

A wood shaping machine operating near my house at 10 mtr. distance produces very high noise above residential area limit. I have recorded the noise level for one year about 125 readings. I am a retired person with high BP. Please tell me the procedure 1) to get a stay order for the machine operation. 2) to get compensation to my mental stress and health related sufferings. Thank you.

Advocate M. Mahaboob Athiff answered
the location of high noise generating units in a residential area is illegal. check if they have obtained consent from the pollution control board. if not... you can always move a application before the National Green Tribunal seeking to injunct the polluter and the high court can be approached in certain circumstances. You can also move your jurisdictional executive magistrate under sec 133 Cr.P.c to abate the nuisance caused by the noise. Hope it is helpful.

Q: Can I sue my boyfriend for breaking up with me

Hi this is a girl who was cheated by boyfriend.we are in a relationship for more than three years, 1st we both were working in chennai after that he left for Bangalore as he got New job, later we continued to speak in phone and after one year we were in a physical relationship also....Recently he told about the alliance which was seen by his parents, in a frustration I told to go and get marry. The next day he told the marriage is fixed, from then I am crying daily and asking him not to leave me. I made my parents to talk to him, later he told the alliance got cancelled. From one of my friend I came to know that he got engaged and hiding about marriage. I asked about this to him, he is telling that he will try to cancel it and convince there parents.I am very much worried if he get marry without informing me , what to do...? .Please suggest me I am very depressed and I know that I cant live without him...

Advocate M. Mahaboob Athiff answered
There is no law to force him to get married to you or to injunct him from getting married as per his choice. For its part of his personal liberty. However if you wish to give criminal complaint against him, then if he had physical relationship with you and you consented for the same on the basis of the promise by him to marry you, you can lodge a complaint for having committed rape on you. However, I would advice you to buy peace and leave him for he does not seem to deserve you. However if he is also earnest about marrying you and fears family objections, you can get married for two consenting adults can always get married.

Q: How to file an abusing and harassment case without involving parents

My ex boyfriend is threatening me with the pictures he have and harrasing me through calls and messages. I stopped his relation as he wants to have Sexual relation with me. He's saying that he will tell it to my family and destroy my life. I need to file a case against him without involving my parents and I don't want to let them know

Advocate M. Mahaboob Athiff answered
you can prefer a complaint with the police either in the cyber cell wing or to the law and order. However, it would be known to your parents eventually. so think twice before you lodge the complaint .