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asked On 03 March 2015 at 10:16
This Query has 4 replies
One of my friend has property of her grandfather at sonipath haryana. her grand father expired in 2004 and father expired in 2007. after this her Bua ( father's sisters -4) had sold their share of property in 2008 without informing her mother and her sign for sell of their share of property.
now the dispute is going on ,on the 1/5th share of the property that her mother wants to take NOC FROM ALL HER CHILDREN ( 2 brothers and 4 daughters) but she is not sure that after giving NOC to her mom she will not give her share of property to her and will give the share to her 2 brothers only. as her brothers force her to give noc to her mom and telling her to leave the share of property to them only.
as her other sisters are not that much capable of resisting her brothers and mom may give noc. and it may happen that they will not take her noc and transfer the share of property to her mothers name .but she wants her share of property. in such situation what should she do to protect her share of property.
and if they tranfer the share of property to her mothers name without her sign . what can she do .
asked On 03 March 2015 at 10:02
This Query has 5 replies
Please guide me.
I had done mediation/settlement with my husband and we have completed first motion. In our settlement agreement, after second motion, fir will quashed u/s 498A on recording of statements.
But, after first motion, my husband has quashed the proceedings of 498A in the district court, uttrakhand and 482 still pending in high court of uttrakhand. How it can possible before second motion.
Please guide me sir, what should I do because 498a proceedings has already quashed in district court and 482 pending in high court. I also withdraw my cases of 12-PWDVA and 125-crpc.
Harrassed by False Case
asked On 03 March 2015 at 09:41
This Query has 5 replies
Application for Anticipatory bail has been moved in Honourable High Court and is yet to be heard by the court. This bail application has been moved against a false 354 case. Now, do police have the right to arrest a person who has already moved his anticipatory bail in High Court pending hearing. ?
asked On 03 March 2015 at 08:59
This Query has 7 replies
I need clarification on the following.
The service rule, made under article 309 of Constitution of India, prescribe a mode of appointment of a person in a service. When a division bench of a high court defines the mode i.e., how an appointment is to be treated as Promotion or Transfer.
Which one is valid in law ?
Can the courts take the power of legislature to make rules?
asked On 03 March 2015 at 07:48
This Query has 3 replies
My Criminal Revision Application is going in Gujarat High Court U/s. 125, between me and my wife.
I had hide my actual income and had shown monthly Rs. 12,000/- instead of Rs. 24,000/-. Now my wife had come to know about this and she had produced documents.
By showing less income High Court had reduced monthly maintenance from Rs. 9000/- to Rs. 5000/-
In above circumstance, what should I do or what action the court will take against me.
Pls advice me, its urgent or CALL : 09967594946
asked On 03 March 2015 at 01:49
This Query has 11 replies
Iam mohandas. Iam currently working in an IT company..i joined the company on 10th nov 2014 in chennai location. On joining day,i was not given any appointment letter but the company hr had me sign a bunch of documents and also took sign on the offer letter copy which i had carried. When i asked about appointment letter, the hr told me that i would be given appointment letter after 1 month of joining. I met with an accident on 4th dec 2014 and didnt go to office from then.i notified the company about my accident the same day.i recovered well by january 25th 2015.my family is based out of bangalore and my work location was chennai. After accident,i couldnt bring my family to chennai as we have a premature baby(born in dec 2014 in his 7th month) and i had to be with him as he had lot of complications.
.after serious consideration about my future ,i opted to look out for job oppprtunities in bangalore and hence informed my company that iam resigning. I have a 2 months notice period clause in my offer letter and i requested the hr team that i will pay out for my notice period amount or in worst case i would serve my notice period by doing work from home(from bangalore). The company took back the company laptop and all other company assests from me. After taking the company assests now the hr team has sent a notice to serve 2 months notice period from chennai location or legal action would be taken against me.
I spoke to hr team couple of times on the alternatives but they are reluctant that i have to serve notice period from chennai location.
I have couple of questions here.
1.i was not even given the appointment letter till now..is the company doing the right thing to force me to serve notice period from chennai location
2.what legal actions the company can take against me as iam ready to pay out for notice period or ready to serve notice period from alternate location.
3.can the company in first place deny my payout offer and force me to serve notice period
asked On 03 March 2015 at 00:31
This Query has 5 replies
In my friend company , notice period waiver given for earlier sales manager for two month , whereas my friend has given notice period of one month who is just join as a sales manger replacing earlier sales manager . Company is saying that it is as per discretion of mgt., waiver is giving by company. My freind want two month waiver in notice period . How can my friend request is tenable. Noting is mention in the appointment letter regarding waiver of notice period and companies policies .
HR head and company senior is just giving him false reply?
asked On 02 March 2015 at 23:26
This Query has 2 replies
To learned experts/advocates.
My client had given a hand loan of Rs. 1,00,000/- to a women/family friend of my client, who is working as HR management in a private company in Hyderabad. On request to repay the amount, she had given cheque for Rs.1,00,000/-, ultimately it was bounced. Talks were exchanged between my client and her. She asked my client not to file any case and asked to come to her place which is 20 km away from the place of my client for compromise/settlement. My client went to her place with two close friends. She asked my client to first show the original cheque then she will pay the cash. When my client showed the original cheque, she suddenly grabbed the same and fled away with two male members (obviously her boyfriends) on two wheeler, triple riding. It was pre-planed idea. My client and his two accompanies could not able to catch them. Basing on private complaint, Police registered FIR under Sec. 420, 406, 384, 34 of IPC against her and her two friends. Later, charge sheet filed. Now it is coming up for my client Trial. The witnesses are myself, My two friends, IO (SI), and Inspector of Police.
I had filed a case under Sec. 138 NI Act. As all the original documents (including Xerox of chque) were filed in Cheating case court, I could not filed the same before cheque bounce case. Due to the disturbances and continuous 45 days strike (for separate Telangana state) by the Court staff, I could not obtain above documents. There was a delay in filing the above certified copies and the delay condonation petition itself was dismissed and subsequently, the main complaint under sec. 138 NI Act was dismissed. I did not opt for appeal over the aggrieved order, as I had no interest. Instead my client thought of filing money recovery suit.
Later, basing on the cheating case, I filed a civil suit for recovery of amount of Rs.1,00,000/- along with interest and other reliefs against her along with all originals (except cheque). This case is also adjourned for my client evidence. She had denied all the contents of the plaint. Now I have only Xerox copy of the cheque, original of cheque return memos, Legal notice issued under 138 NI Act, Legal notice under money recovery, FIR and charge sheet. I have collected the following citations to strengthen my case under Sec. 65 of Evidence Act.
Nawab Singh Vs Inderjit Kaur--AIR 1999 SC 1668;
Sattamma & others Vs. Bikshapathi Goud--2010(5) ALT118,
Murtaza Moosavi Vs. Hemendra V.Shah-- 2006(3)ALD697,
Kaliya Vs State of Madhya Pradesh—2013(3)ALT(Cri)302,
High court of MP--Narsingh vs Shripat Singh,
H.Siddiqui (dead) by Lrs Vs A.Ramalingam--AIR2001SC1492,
U.Sree Vs. U.Srinivas--AIR2013SC415,
My questions are:
1).What are the chances of winning of Cheating case merely basing on the Xerox copy of the cheque as the original being grabbed by the accused and it is in her possession. To what extent Sec. 65 of Evidence Act help my client.
2).Likewise, what are the chances of winning the money recovery case based on the Xerox copy of the cheque. To what extent Sec. 65 of Evidence Act help my client case.
3)Will the dismissal of 138 NI case effect the above two cases i.e. Cheating case and money recovery suit. I think it is independent case and it has nothing to do with the above two cases. To replace the lacuna of 138 case, my client filed money recovery suit.
Your opinions solicited. With regards
asked On 02 March 2015 at 23:22
This Query has 3 replies
My friend has join a company , as per appointment letter he has to give month notice period if not served. My friend has resigned . Company officer compel him to leave early by taking him in writing in backdate that request the company for fiftten days favour against notice period and he has to pay balance amount as HR said to him. And take over from him laptop and also by threatening him , they get from him f & f paper including handing over documents . Company officials has not given him any documents which they get signed from him .
After 8 days , my friend has written a letter to company that he has withdrawing the said earlier letter given to the company for waiver of fifteen days notice period. And also he written in the letter that if company has not provide balance days waiver in notice period then he will ready to come back to the service, as he is still in notice period till that time. After receiving the same letter , HR head has intimated him that company has accepted his earlier letter for fifteen days waiver in notice period. Also attached the same letter in the mail . No other documents has provided by the company. Thus deprive him for performing official duties. Company official is not providing him any other documents which they get sign from him , particularly hand over form.
When he asked for handover and other form , Company officials has threatening him that he has committing management offence. My friend services has not terminated but he has resign from the company.
My friend has also due bonus of 3 month due. Can he claim bonus?. Can my freind has some remedy against companies such action. What will be course of action company can taken against my friend if he has not paid the unbalance notice period serve to the company, considering the above situation. Can he claim bonus , as per appointment letter due to him?
asked On 02 March 2015 at 22:20
This Query has 4 replies
1. Investment Advisors India Ltd ("IAIL"), an Indian Company, is a growing private equity firm based in Mumbai. It had an annual turnover of Rs. 200 crore for the financial year 2005-2006.
2. Supreme Constructions Consortium ("SCC") is also an Indian Company. It is a real estate contractor, which has executed several prestigious building contracts for top corporate houses over the years and has become a reputed name in the real estate industry.
3. In June, 2005 it was decided in the Board Meeting of IAIL to setup their own corporate house in Mumbai, at a unique address in keeping with their growing market repute etc. In July, 2005 for the aforementioned purposes, IAIL procured a piece of land from MMRDA in the prestigious locale of Bandra - Kurla Complex ("BKC"). In August, 2005 IAIL invited Request for Proposal ("RFP") (including Building designs, quotation etc) for constructing their corporate house. In September, 2005 after reviewing several proposals, IAIL selected the proposal submitted by SCC for its unique design, costs and other factors. On 15 September 2005, IAIL and SCC signed the contract that provided: -
a. SCC shall complete the construction of the project by December, 2006;
b. The total cost of the project was Rs. 60 crore;
c. IAIL will make payment in four equal tranches of Rs. 15 crore each, in October- 2005, February-2006, June-2006. The final settlement was to be made in December-2006 when the project was completed and was handed over to IAIL.
d. SCC was required to furnish a bank guarantee in favour of IAIL to cover breach on their part; which was 50% of the value of the contract or Rs. 30cr.
4. The construction began in October, 2005 and continued as per plan without any delay till June, 2006. On 10 June, 2006 a fire broke out on the top two floors of building causing severe damage to the project under construction. It was found that a certain machinery kept by SCC caught fire; thus substantially delaying the construction work. SCC and IAIL set up a committee of their officers to investigate the fire. The Committee recorded minutes that the fire arose from the position of machinery kept by SCC, and that the committee was unable to conclude whether SCC was at fault, and that this question of deciding fault will be referred to experts by IAIL immediately. IAIL never made this reference. The committee also noted that the fire had caused loss to the incomplete structure, and that the cost for completion would increase by at least 20%. After heated discussions at the meeting about extra costs, and about who shall bear these, IAIL and SCC decided to discuss these in a later meeting. This meeting also never happened.
5. The construction was finally completed in March, 2007, three months behind schedule. The final tranche of payment (Rs. 15 crore) was withheld by IAIL till the construction was complete on 1 March, 2007. SCC sent a letter on 15 March 2007 to IAIL claiming the last tranche of payment that was due and additional charges of Rs. 5 crore for the delay in construction citing clause 11 & 12 of the contract. The clauses read as under:
"11.0 SCC will not be liable for any loss or damage arising out of the work
carried out under this contract;
12.0 Furthermore, SCC is entitled to levy additional charges where (i) extra work is required to prepare the project before handing over of the finished project, and (ii) increase in costs arising from delay in completion of project, where delay occurs from causes outside the control of SCC."
6. IAIL refuted the contentions made by SCC vide a reply letter dated 20 March, 2007, stating that construction had not been completed as per schedule agreed under the contract, furthermore, it pointed out that due to delay in completion of the building, IAIL had incurred a loss of Rs. 50 lakhs as rental charges towards its leased office premises for the period of January-March, 2007. It also emphasized that it had the right to invoke the bank guarantee that was furnished as part of the contract. Further, IAIL stated that it was withholding the payments due to SCC for these reasons.
7. Meanwhile, an article containing an interview with the CEO of IAIL published in a
popular business magazine mentioned how the contracts entered with SCC were performed in bad faith.
8. On 30 March 2007, IAIL invoked the bank guarantee and collected 50 lakhs under the guarantee from the bank.
9. On 20 May, 2007, SCC filed a Civil Suit (C.S. No 1000/2007) against IAIL in the City
Civil Court Mumbai claiming the amount of Rs 15 crores of the final tranche of pay
Rs 5 crores for extra cost caused by the delay in construction, 50 lakhs being the amount
collected by IAIL under the bank guarantee, interest on these amounts, and also for Rs. 5
crore as compensation for loss arising from libellous statements made
reputation. In the reply to the plaint, IAIL has refuted the contentions stating inter alia
that they were entitled to withhold payments for non
adherence to time schedule by SCC
es that arose as a consequence.
Pending this suit, in Jul
y 2009, and at the instance of the Court, IAIL deposited 15 Crores
in the Court and SCC handed over the
constructed corporate house
to IAIL. Parties did
this without prejudice to their rights.
The facts stated in paras 1 to 8 are either admitted or suffici
ently proved. The matter is
fixed for final hearing. Argue for (i) Supreme Construction Consortium, or (ii) Investment
Advisors India Ltd in the said civil suit.
This imaginary problem is formulated
for the purpose of moot court only.