Advocate Surender Singh Hooda

Questions Answered by Advocate Surender Singh Hooda

Q: How can I get the ownership through adverse possession?

I am residing in a flat which is owned by my uncle (registered on his name) he is still living..but we are living in this flat from year 2003 peacefully, uninterrupted. So now can I file a case for adverse possession against the owner and get the flat ownership on my name?

Advocate Surender Singh Hooda answered
You can't file a case on the basis of adverse possession. Adverse possession is a shield not sword. If your possession is against the will of owner and in his notice, he can't file case against you after 12 years of adverse possession as the same is barred by limitation act.

Q: Girlfriend threatening to file a case for not marrying having affair

I am. Married on 1 Feb 2017, my wife is having many affair with many boyfrnd, and when I oppose this she start threatening me that she will file dowry and domestic violence, I have seen her chat on her phone and when I see her phone she opposes to see her phone, I can't ask her where she goes, she want to live her life independently, she had no care of my feeling, I had her chat which she had chat with her boyfrnd, in which she is saying that she will. Give me silent death

Advocate Surender Singh Hooda answered
Get some evidence of her illicit relationship with other men which is sufficient to get divorce. Some threatening language like the one you have mentioned i.e. giving of silent death can also be used to filed criminal case against her. Rest can be discussed in personal meeting with lawyer.

Q: What to do when pay is not revised as per government notification?

Sir, I superannuated from central government service in 2012. In 1994 my pay was reduced by four stages for four years. On restoration in 1998 my pay should have been restored to its original position where it would have been if there had been no penalty of reduction, as stated in GIO (2) below FR-29. But I was not given four increments of 1994 to 1998 in violation of FR-29. Can I file a writ petition in SC or HC now ?

Advocate Surender Singh Hooda answered
Make a demand seeking implementation of the notification. If not implemented, give a legal notice. If you are in civil service, file an original application before CAT. If in armed forces before AFT, if in Para Military before High Court.

Q: Can I give Civil Services exam if a criminal case is pending

Sir, i am preparing for civil services exam 2018. But there is a criminal case( under ipc 323) is on trial against me. Will i be disqualified from the selection process of upsc on this ground? Kindly answer my question because it is haunting me during my preparation.

Advocate Surender Singh Hooda answered
In case, you are convicted, you can't serve. In case you are acquitted, you can do the job. The employer has right to reject the candidature of a person charged with any offence depending upon the nature and gravity of offence. In your case chances are that you will be acquitted as in this offence, conviction rate is low. So go-ahead best of luck.

Q: How to leave a company which indulges in illegal activities ?

I found that my company does illegal work but I had signed a confidentiality contract.What can I do? Definitely I am planning to leave my job.Is there any way I can escape their notice period of one month and also get paid for the days I worked because surviving in an illegal firm is hard especially if they have improper behavior. and I also knw that they will not accept my resignation.They also have my initial salary of 15days as a security amount. Is it possible to get back.

Advocate Surender Singh Hooda answered
Confidentiality clause does not protect illegal activities. You can not enter into an illegal contract.So you are duty bound by law to report any illegal act to the appropriate authorities. They can not keep any salary which lawfully belongs to them.