RADHA PYARI SRIPADA
02 August 2008 at 19:31
In any case where the court orders interim maintenance, when the respondent husband fails to pay the amount of maintenance or arrears of maintenance, then the next course of action is to commit him to the civil prison. In that case, the husband will be sent to prison only if the wife pays beta for his food in prison. In that event, instead of the wife getting maintenance for herself, she has to pay from her pocket to maintain him in the prison. is there any efficacious remedy available for wife in these circumstances?
SRIPRAKASH BHATTACHARYA
02 August 2008 at 19:30
DEAR SIRS,
THIS IS A QUESTION REGARDING A CO-OPERATIVE HOUSING SOCIETY IN KOLKATA WHERE THE WEST BENGAL STATE CO-OP. ACTS AND RULES ARE APPLICABLE. HOWEVER,IT MAY KINDLY BE NOTED THAT I FIND THE BASIC CO-OPERATIVE RULES ARE SIMILAR IN ALL THE STATES.IT IS ALSO FOUND THAT CLARIFICATIONS TO SUCH QUESTIONS
ARE NOT AVAILABLE IN THE BOOKS. HENCE THIS QUESTION.
IN CASE OF A CO-OPERATIVE HOUSING SOCITY, SECRETARY OF WHICH IS AN HONORARY POST AND REMAINS BUSY WITH HIS OWN EMPLOYMENT. SINCE, AT THE TIME OF TRANSFER OF FLATS ETC. THE SECRETARY HAS TO BE PRESENT IN THE OFFICE OF THE REGISTRAR OF ASSURANCE FOR PUTTING HIS SIGNATURE ON THE 'DEED OF CONVEYANCE'. DUE TO HIS PREOCCUPATION, IT BECOMES DIFFICULT FOR THE SECRETARY SOMETIMES TO MAKE HIMSELF AVAILABLE AT THE TIME OF SIGNING ON THE DEED OF CONVEYANCE, DUE TO WHICH THE MATTER GETS DELAYED. UNDER THE CIRCUMSTANCES, IS IT POSSIBLE THAT THE SECRETARY GIVES A'POWER OF ATTORNEY' TO ONE OF THE DIRECTOR OF THE CO-OPERATIVE HOUSING SOCIETY TO DISCHARGE THE DUTIES OF THE SECRETARY (SIGNING ON THE DEED OF CONVEYANCE FOR AND ON HIS BEHALF)FOR WHICH THE BOARD OF DIRECTORS WILL TAKE A RESOLUTION. ALTERNATIVELY, IS IT POSSIBLE THAT THE BOARD TAKES A RESOLUTION AUTHORISING THE SECRETARY AND ON EDIRECTOR TO DISCHARGE SUCH JOB.
SHALL BE GRATEFUL FOR A CLEAR CLARIFICATION.
Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com
Jayaram
02 August 2008 at 18:15
Person A has obtained personal loan from a bank and signed the document to deduct the loan amount from the salary thro auto debit. the salary is credited in X bank where he has obtained personal loan. In the mean time before the loan tenure(48 months) he has decided to retire voluntarily.(Still 38 months of loan tenure is existing at the time of retirement) the loan amount is still pending to clear. the auto debit thro salary is stopped automatically because the salary is not credited in his account because of his retirement..In the Mean time A has obtained a portion of i.e.,10% retirement benefits which was credited in the same account. The bank manager without getting consent letter from the loanee using the auto debit tecniques deducted the entire loan amount from his account.(foreclousure). The problem is the consumer or loanee is not willing allow the entire foreclosure because he neither get his salary nor get his pension till the entire pension proposal verification process ends.To run his family 10% portion of amount of retirement benefits was given by the h.Q. it was deducted by the bank autodebit for the loan amount foreclosure. 90% of the pending benefits still has to come. the entire 10% of benefits is debited from his S.B account. Now the customer is now the customer not able to and mentaaly depressed.
Is there any violation of consumer protection prevails? the affected person wish to contact consumer court for the damaging his mental upset. Expers are invited to comment.
bhagwant
02 August 2008 at 18:04
When there is accident between motor cycle and truck, and if motorcyclist get injured and admitted directly to hospital or left from the place, and if truck driver files complaint against motorcyclist u/s.279 IPC 184 MV Act, even after having negligence on his part. It is reveled after investigation that motor cyclist was not wrong, what will be effect on the complaint, who complaint will dispose off, whether chargsheet against truck driver can be filed.
Balaram
02 August 2008 at 14:26
Dear Experts,
I have doubt. Till now in my experience we are considering 30 / 31 / 28 days as the basis for salary computation. Where as the actual wage should be 26 days only. even we calculate gratuity for 26 base only.
then my doubt is that while calculating..the lop and net salary which method should be followed and any rule / act to refer as under:
1. Earned Salary = Actual Gross / No. of total days in a month * Actual working days.
or
2. Earned Salary = Actual Gross / 26 * Actual Working Days.
which is the correct Method ? I have been asked by the management that when we are paying for 26 days (gratuity), why cannot we calculate for 26 days for payroll also instead of 30 / 31 days ...?
please clafify.
balaram
rvbs2@yahoo.com
BHUPINDER SINGH
02 August 2008 at 13:44
Can we claim for lottery draw if we won in india.
bhagwant
02 August 2008 at 12:25
It is observed that Sec.427 is applied with Sec.279 IPC in Motor Vehcile accident Casses. My query is that for the purpose of mischief intention is necessary, and there is no intention to cause damage in Motor Vehicle Accidents, then how 427 is applicable with 279. Do any body have views from Apex Court, please send me.
Ladhu Ram Chowdhary
02 August 2008 at 07:19
case fixed for judgment and from the evidence Magistrate found that offence u/s 397 I.P.C.appears to made outand it is triable by only court of session -Magistrate is emprowered u/s .323 to exercise the power before signing the judgment ?
Ladhu Ram Chowdhary
02 August 2008 at 07:04
Whether recourse of provisions contained in sec.91 available to investigation officer ?
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