Advocate Najamuz Zaman Khan

Questions Answered by Advocate Najamuz Zaman Khan

Q: Principal forcing to do account work want to take legal action

I'm working as daily wager skilled and having a qualification MCA but my principal force me to do account work which I don't have knowledge.Now what to do

Advocate Najamuz Zaman Khan answered
By law, your employer must give you a written Employment Agreement before you start work. An Employment Agreement gives both parties a sense of security that both are fully aware of their obligations and have agreed to comply with the stated terms and conditions. If there is breach of employment contract/agreement than the party affected may file a suit for compensation against the other.

Q: What can I do if I am being harassed at my workplace

I female gf in university was harrassed by male regular faculty, took attendance register in custody and cut my signature and put my classes in TT from morning till evening and used abusive words like chirkoot,bhade ke mazdoor etc.I complained to VC and cm portal,now a committee has been formed to make a decision,how should I present the matter

Advocate Najamuz Zaman Khan answered
We notice in the absence of effective legislation to contain eve-teasing, normally, complaints are registered under Section 294 or Section 509 IPC. You have to explain the case with each and every detail, all facts must be place before the disciplinary committee. You can go through the sections which I am referring in this article and place them before the disciplinary committee. The non-penetration sexual assault, under the section 354 of the Penal Code, is punishable with a maximum term of two years imprisonment of either description, or with fine, or with both.

Q: Penalty on delay in possession from builder to buyer as per UP RERA

Please provide clarity if UP RERA is using the builder buyer agreement as a yardstick for determining delay penalty from builder to buyer (at the rate of approx rs. 5 sq/feet) or leveraging the RERA guidelines of approx 10 percent. I have heard that some adjucating officers in UP RERA as simply referencing the builder buyer agreement guildelines as they claim that the 10% penalty has not yet been ratified into implementation. pls confirm on this

Advocate Najamuz Zaman Khan answered
RERA has prescribed the interest rate of 10% on the invested amount by the buyers facing problems due to delay delivery of homes. The interest rate prescribed by the authority is 2% points above SBI's Marginal cost of fund based lending rate (MCLR). The Act also mandates buyers to pay the interest rate of 10% on delayed payment of their dues instead of 12% to 18% as contracted in the sales agreement.

Q: What if my uncle gets a stay order on sale of my property

i sell my parental property. my uncle have stay order on said property before i sell property. he lodge case on me. kindly suggest me what can i do. The property was father of my grand father and my grand father was gave me power of attorney. I am Hindu 

Advocate Najamuz Zaman Khan answered
If the the ownership was transferred to your grand father than he had right to execute power of attorney in your favour and you can enter in the transaction of such property only when it would be a registered General Power Attorney.

Q: What to do if Senior employee is exploiting Junior employee ?

Sir I am a government employee and I am exploited by my senior officers, sir can you please help me out of this, or can you please tell me about the section which helps junior employee when exploited by senior officer

Advocate Najamuz Zaman Khan answered
Every officer big or low graded, has to discipline himself. They are bound by conduct rules of services. Abusing by higher officer also cannot be tolerated. If possible do some recordings of such incidents and make representation to higher ups for taking such officer to task. Then apply for transferring elsewhere because of inhuman behavior. If you belong to reserved category then report to SC/ST Commission about such debasive behavior. Pass on tension instead to that undisciplined officer. Cite in the representation the real reason as why he is misbehaving like that. I think he will then set himself right.