Advocate Prabha Sharma

Questions Answered by Advocate Prabha Sharma

Q: ​Can I ask for specific performance of a contract during lockdown?

The party I am in a contract with is unable to fulfil its contractual obligations due to lockdown. Can I ask for specific performance of the contract under these circumstances.

Advocate Prabha Sharma answered
if the. obligations can not b performed during lockdown den the contract has become unenforceable due to unknown calamities or act of God or govt policies. in that case you can only wait for conditions. bcm normall or you can ask the other party to make contract afresh.

Q: I'm from small city Bhopal, my Father was murdered in October 2019 and his body was throwed in front

I'm from small city Bhopal, my Father was murdered in October 2019 and his body was throwed in front of 2 Wheeler, to show it as accidental death, but the Local Police Station without investigation with the pressure of political background of accuse, created the false accidental death case on the base of CCTV. My father was 2 severe head injury of 5-6 inch and 2-4cm wide, which is not at possible from bike accident. Is it possible to submit appeal to supreme court from here with the help of outstation advocate, because we are living in grave danger, continuously getting threat from unknown people, can't go anywhere because anytime we can be murdered. Please advise. Thanks

Advocate Prabha Sharma answered
you can file transfer petition in supreme court if you want to transfer the matter to somewhere you are presently residing. also you can seek protection from the court stating therein the reasons. if you r still living at the place of incident den you take protection from the concerned state high court and file appeal before high court if the case has been decided.

Q: Illegally terminated from job

Hello,I was working with a JV of PSUs in Delhi on fixed tenure basis, however, i was issued an offer of appointment for permanent place in the organisation in 2017. In 2018 i fell seriously ill and was illegally terminated (that's what i believe) on 5th Oct 2018. My question is, do i still have any legal option left to fight against my employer as the termination will complete 2 yrs 5th Oct 2020 .Thank You

Advocate Prabha Sharma answered
yes you can challenge the order of termination and can get reinstated and back wages stating your reasons. you cannot be terminated without notice also when you were appointed for permanent vacancy. you need to fight the case

Q: Can a suit for recovery of Money be filed again after dismissal?

My suit for recovery of money under 138 NI Act was dismissed as it was premature complaint to the court. I had filed the suit within 15 days of service legal notice.Can I file the suit related to this cheque again?

Advocate Prabha Sharma answered
yes you can..but you need to represent the cheque within its validity period. if the cheque has expired then no use. 138 is a compliant case n it's procedure is very strict. if procedure not followed your complaint will get dismissed.

Q: Employer has not paid salary after relieved from the company

My previous employer has not paid salary for May-2019. I have been sending reminder mails from 1 year, but no proper response from them. How to proceed legally?

Advocate Prabha Sharma answered
please take legal recourse. this is the only remedy for you. because nowadays due to covid many employers not paying arrears of salary. but you have a good case if you fight. you can ask for arrears and compensation also depending on your emails.