Advocate Navaneet Baruah

Questions Answered by Advocate Navaneet Baruah

Q: Company asking medical certificate when treatment is still going on

I was on medical leave for 75 days . First 30 days and then 45 days extension. While I applied for 45 days extension they sent a rejection letter along with warning to join service immediately else I have to face disciplinary action for unathourized absence. Now after joining they are asking me for medical fitness certificate which my doctor refused to give as his treatment not over yet and I did not follow the rest period. Now they are forcing me to submit the fitness certificate anyhow and my doctor adamant to give it . Is there any path I can take in legal field.

Advocate Navaneet Baruah answered
If your company is a public sector company then file a writ petition.... if it is a private sector company then file a suit with injunctive relief.....make the doctor a party to the proceeding and require him to submit at least a treatment certificate... require company to take you back without fitness certificate or accept ongoing treatment certificate only

Q: Legal action if seller refuses to sell the land after part payment

My father buy some land from my neighbour, about 70% amount is paid and remaining will paied on the time of registration, as written in agreement. But the seller now refuse to give the registration and want to return the money we paid. The agreement was not registered. What should we do? Can we force them legally to take the remaining dues and register the land to us.

Advocate Navaneet Baruah answered
yes...file a suit for specific performance of the agreement, check whether you are having a registered agreement or not and compel them to register the same as you are willing to pay the remaining part of the money owed....also depends whether there was a time clause for payment of remainder within a specified period, and if not paid then the sale may be annulled and the money refunded with interest due.

Q: Can an agreement be cancelled if the buyer is not responding

I do aggrement of land for sell but buyer not mention time in aggrement only after permission get register within 3 months take advance 1500000 n now after 1 years buyer not responding me n not give document for permission did I can cancel aggrement please advice

Advocate Navaneet Baruah answered
you have to file suit in civil court for compelling the buyer to perform his part of agreement....if mentioned in agreement that the parties shall register within 3 months then it is his obligation to register by consenting and submitting documents for the same... if he does not want to register then you will have to cancel the sale agreement and seek refund of advance paid...

Q: How to get a transfer of Award Staff in bank on spouse ground

My wife has applied for spouse ground transfer on 26-02-2018 in Union Bank of India. Till now there has been no response from the management of Union Bank of India. Through your forum I want to ask that where the concerned employee can appeal if her request is not entertained

Advocate Navaneet Baruah answered
Your Bank will have certain Service or Employee Rules which will designate an Appellate authority . If your request is not entertained then you have to appeal in the office of the designated appellate authority...

Q: Someone took my land after I purchased it legally

I purchased a plot last year and every document is ready and even deed as well but a person grabbed the said land without any documents.. seeking your advice Thanks

Advocate Navaneet Baruah answered
file a land grabbing complaint before the commissioner land revenue department. Also subsequently file a suit for right title interest and recovery of possession, with injunction application that the present occupant/ possessor may not be permitted to aleinate the land in question.