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Expert Explains

Published: 26th March 2016 05:00 AM  |   Last Updated: 26th March 2016 05:00 AM   |  A+A-

1 If due to power failure the signal on a road doesn’t function and there is an accident between two vehicles and a pedestrian is injured. What does law say in this regard?

 

T S Karthik

Signal failure at the intersections of the roads do not give immunity to traffic offences.   There are more number of roads having no signals and whatever the law applies in such circumstances will also apply to a case of roads in which there is a signal failure.

 

2 An employee of an electric supply society died. Subsequently the society was taken over by electricity board in 2002. Is the board obliged to provide compassion appointment to his wife or any of her children?

M Sooriyamoorthy

The Madras High Court has upheld the claim for compassionate appointment of legal heirs of employees who were working in electric supply companies, but subsequently taken over by the TNEB. Though the cut off date was directed to be ignored, the court ruled that delay in seeking relief can disentitle the parties from approaching the court. (Ref : R.Thamaraiselvi vs The Chairman — W.P.No. 15693 of 2009 dated 4.12.2009)

 

3 I am a senior citizen who has deposits in financial institutions.  For identity they accept passport, driving licence and Aadhaar. My driving licence expired a year back.  Can the licence be used for proof?

T L Srinivasan

An expired licence is a same as an expired drug.  No one will have it.

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4 Can I own a flat jointly with my son and another flat jointly with my wife and the other for son and daughter by developing my self- acquired property? 

S S Venkataraman

You can own as many flats as you can along with anyone in this world.

 

5 My request to cut the branches of two big trees in my neighbour which is creating nuisance  has failed.  Will I be wrong in cutting those branches at my cost?

S S Venkataraman

There can be no legal objection for you doing so. But you will be cutting your relationship with your neighbour also.

 

6 My agreement with my builder stipulates handing over the constructed area within 30 months. Though over two years have lapsed, I am not certain when it will be given to me. The agreement excludes the delay period if it is due to natural cause or unforeseen delay by the regulatory agency. Since CMDA is accused of delay, Can I have recourse to RTI for getting details? What is the legal remedy available?

K Ganapathy

Since it is a joint development, you can get details from CMDA under RTI. If your builder agreement provides for arbitration, you can go for it. If there is no such clause, you can file a suit for compensation and/or for specific performance

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