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Pardeep jagdeva   16 October 2008 at 14:17

Writ petition

I am filling a writ to recover the award amount of the informer(which is 10% of the total tax assesed by the tax department from the total recovery)

tarun   16 October 2008 at 11:17

Payment of Money of sister concern to parent company ,



We have bought machines from one company in USA, regarding payment they requested that amount should be sent to Parent company on behalf of sister company (seller company) working under parent company.

They have referred to such arrangement as accepted commercial practice in the field.

I wish to know how far such commercial practice is recognized and whether it will also holds good in international arena ?

Plz guide and support

tc baskaran   16 October 2008 at 10:49

ESI APPLICABLE FOR AMCs & SUBCONTRACTORS

1. We are having subcontractors who will do our parts machined outside (without our supervision) and supply to us. Some of them are having ESI registration and some of them are not. Also please note that they are having number of customers.

2. We have covered Annual Maintenance Contract for maintenance of our machinery and computers. They do not have ESI registeration.

For the above two subjects, Whether Principal Employer should cover / pay the ESI contribution or not necessary. Please clarify.

Mohamed Ali   15 October 2008 at 23:33

scope of FDP to delete lr's on record based on law

A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..

While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,

Hence all their LR's had to be brought on record to represent them in FDP.

In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..

But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.

FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.

Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.

In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.

question:
FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...

Nishant Singla   15 October 2008 at 22:02

Query about the Wakf Property

My uncle has a shop by the last 40years which is alotted to him by the Haryana Wakf Board. At that time the rent was 2rs per month only. In between Wakf boart filed a suit in court for the increment of rent. Court fixed it up 5rs only. Now, after 20 yrs wakf board now refusing to receving the rent and asking to increase it up to 100rs per month. And the roof of the shop is in very poor condition, and we want to get repair it. So, plz suggest me what we shall do in this worse condition. Is we file a complaint against them in civil court or let the other way to solve the situation.

shivraj   15 October 2008 at 20:54

power of attorney applicability

whether power of attorny can be a withness in any case? plese give reference of any case laws about applicability.

Vikas Kr. Sinha   15 October 2008 at 17:00

Recongnised and Unrecognised Union

Dear Experts,

Kindly let me know a citation of a Supreme Court Judgement that:

**** Unrecognised Union cannot spouse the Dispute of "General Nature", which relates to all the workmen.

Nishant Singla   15 October 2008 at 16:09

Asking for Leading Cases

Dear Lawyers,           
Could u plz provide me leading Judgement of the cases of defamation u/s 499,500,501 of IPC.                 


Nishant Singla                 ph no-09354519053

email-nishant_etp4@rediffmail.com

N.K.Assumi   15 October 2008 at 15:57

Execution proceedings against the Guarator:

In a judgment the decree was passed only against the borrower,whether execution can be proceeded against the borrower as well as the guarantor though no decree was passed against the guarantor.

sanjay kumar patibandla   15 October 2008 at 14:40

bostan school

One boy under 18 was arrested in theft case. No person applied for bail for him. So the chairman of the board closed the case and sent him to Bostan school with out conducting trail.

But Now His mother came to court and wants to file bail petition.
What is the procedure?

Weather the board of jevainele board is having power to reopen the case?

Jevainle board was newly established in our town