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RAKHI BUDHIRAJA ADVOCATE   08 January 2009 at 14:13

Can we challange the interim order either by revision or appeal?

Respected all members, A has filed a petition u/s 125 cr.p.c. for getting maintenance agaginst B. B on the very first date of hearing got appeared before the Hon'ble Court alongwith his counsel. The court without listening to his counsel, asked B whether he is interested to take his wife i.e. A alongwith him. Bcoz A is living in adultery n is sufferring with SCHIZOPHRENIA. And on that day the counsel for B saught adjournment for filing the reply of application u/s 125(3) Cr.P.C.as well as written statement to 125 Cr.P.C. But the Hon'ble Court pleased to pass an interim order against B thereby fixed the interim maintenance as Rs. 2, 000/- per month But B is earning only 5,500/- per month & out of which he is paying Rs. 2,000/- as monthly rent for his residential accommodation. Now the question is that can I file a revsion or appeal against this order?
2ndly whether the Court is capable to pass an interim order against B witout listening to him or without filing any replying & without filing any income proof?
Plz early reply, its urgent.

gitish   08 January 2009 at 13:50

SEC 56 CONTRACT ACT

HELLO EVERY BODY
DIS IS ADV. GITISH BHARDWAJ
I HAVE A CASE IN HIGH COURT IN WHICH A COMPANY GET SUBSCIDY FROM GOVT FOR FIVE YEARS,. N BY THE RULE COMPSNY HAS HAS TO MAKE PRODUCTION TILL THE END OF 5 YEARS
MY CLIENT PRODUCED FOR 4N HALF YEAR N THEN THERE WAS A FIRE IN COMPANY PREMISES BY WHICH THEY OCCURED A LOSS OF 5 CRORE N WHEN THE INSURANCE CLAIM COMES IT DIRECTLY GOES TO CREDITORS A/C .. NOW WAT MY CLIENT WANTS SUBCIDY CLAIM ON PRORATA BASIS
DO U HAVE ANY JUDGEMENT ON THIS TOPIC

Neeraj Arora (9897136755)   08 January 2009 at 13:45

Restoretion in N.I.Act

Dear Experts
I have filed a SUIT of 138 N.I.Act and due to absent of me (complainent) on one date court has dimissed that. can this (criminal)suit be restore and in which provision.

Ramesh   08 January 2009 at 12:26

Validity of aggrement.

A person Mr.'X'( Now Dead) purchases an Ag.land from Mr.'Y'( Now Dead), 50 yrs. back.

But not registered on his name,his name appeared in the column of 'kowle dhar'(Cultivator) for 10 to 15 yrs.

Mr.'X' sold this land to Mr.'Z' through a private sale deed(Registration is not done),He(Mr.'Z') entered in to revenue records as a cultivator of the land for JUST "three years".Mean while Mr.'X',died.

All along these years the name of Mr.'Y' is being reflected as a "pattedhar", and from last 17yrs (till date), even in cultivator column.

As on today Mr.'Z' is in possession of the land( But his Name is not in the Revenue records) and leased to some commercial activity.Now Mr.'Y'( since died), successors wants Take over/sell off the land.

Under above conditions what is the fate of Mr.'Z'.Does he have any Right/s on the land( Is trying to take some Municipal numbers from the municipality),can he fight his case in Court of law?

NEED AN URGENT REPLY PLEASE.

Gautam Patel   08 January 2009 at 11:06

Retention of Title of Goods

Dear Friends,

Can anyone please let me have complete details and template for RETENTION OF TITLE OF GOODS and how the title of goods is to be transferred to the customer after all the obligations are cleared.

Thanks

ooviya   08 January 2009 at 10:55

payment of bonus act

the employee -security guards who draw a salary of Rs. 5000/- a month (CTC). After deductions, the take home pay is approximately Rs. 3600/- which is quite low. the employer intend paying off the annual component of bonus every month along with the salary.

What are the statutory repercussions of monthly payoff ?

Are the employer violating any provisions of the Payment of Bonus Act ?

If so, how ?

If not, are the employer liable to pay annual bonus in addition to monthly bonus.

extend opinion on the above issue.

R.RAJENDRAN   08 January 2009 at 10:22

PREPARATION OF WILL

I understand that the will has to be signed by 2 witnesses.In this respect please clarify the following:
1)Can the witnesses be relatives like my wife or my co-brothers?
2)Is it necessary that the witness has to read the will before signing?

R.Rajendran

ponnala   08 January 2009 at 09:58

R T I Act-refusal of information.

Can a Joint Collector ( Office) refuses the information/show a file, on which he had negatived the claim of Owner ship of a land?(Here information was sought by a Third party.)

AS I know:RTI Act,includes the right to -

1. inspect works, documents, records.
2. take notes, extracts or certified copies of documents or records.
3. take certified samples of material.
4. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)].

Kindly The Learned forum Members to elucidate me in this regard please.

With regards...

J. P. Shah   08 January 2009 at 00:47

CONSUMER PROTECTION ACT

My friend had filed complaint against a bank in 2001 in district consumer forum for repayment of fixed deposits, which were defrauded due to negligence of the bank officials. The complaint was dismissed in 2003. Friend expired in 2003. His wife came to know all these details in 2008. Will it be possible to file appeal in State Forum now, even when it is grossly time barred? Can delay be condoned by State Forum?
What is the other remedy. Bank is a natioalised bank. Can she file writ in High Court to get the amount. Amount with interest is nearly Rs.5.00 lacs.

B.N.Rajamohamed   07 January 2009 at 22:58

compelling to hold departmental enquiry

Can any constitution expert answer me whether i can compell the public authorities to hold a departmental enquiry against an erring public servant through a writ in the form of Mandamus by invoking Art.226 of the constitution of India?