esther
03 January 2009 at 17:02
dear sir ,please let me know what are the rights of a girl in christian property rights. this is very urgent,after knowing the rights ,i would like to post my query.thank you.
samudra
03 January 2009 at 16:59
Dear Friends,
1)Can some kindly Explain me what is Goda datta adoption/Act(Act which is followed for Adoptions, before 78 of HA&MA 1956 enacted),i mean its TEXT etc.
2)A person/s prepares an Adoption deed in the year 1971,saying: "The adoption ceremony of the said Boy had taken place in the year 1955",now(in the year 1971) we do here by DECLARE and RATIFY the Boy is our Adopted Son. How far this action is valid in The EYE of Law?
advocate satya
03 January 2009 at 16:39
sir
in one case the accused charged under these sections has been granted interim bail to deposit the amount, if he will deposit the whole amount do the case comes to an end and if no then why
?
Apurva Kumar
03 January 2009 at 13:45
Dear Sir/Mam.
one of client wants decree of divorce in her favor as all her attempts failed to materialize with her husband.The prob is of jurisdiction which is arising as she wants to file the case from Lucknow,but her marriage solemnized at Kanpur and she is the residence of Kanpur itself her husband is also of Kanpur.Now she use to resides at Allahabad along with her husband before the or at the time of dispute,her husband now also resides there and doing contract and tender.Now according to her she has threat to her life at Kanpur so she cant go there to file the case as one of her Adv.uncle who is against her may manipulate the case and at Allahabad her plaint for the 2nd time which she filed for divorce was mismanaged and plaint could meet the desired faith,so she is reluctant to file the case at Lucknow at any cost or can i filed it at Kanpur and get it transfered from there? plzzzzz suggest me how handle this case or suggest any case law of such type please if u all can?
Yours Apurva!
deepak
03 January 2009 at 13:24
Respected Sirs,
I have done LL.B and Currently Appearing for ICSI Intermediate.
I am also working in with the Corporate (Entertainment Sector) in Legal Department.
I am interested in making my carrier as Head Legal and Company Secretary.
My job demands for Drafting, follow up the litigation in court (covering corporate, criminal and civil matters).
Therefore you are requested to suggest the Law Journal which i can read so that i can well update my self because mere book reading be it Bare Act or Act with commentary etc. are not sufficient.
Please do the needful.
Thanking you
Deepak Goswami
advocate satya
03 January 2009 at 13:21
sir
one matter was sub judice before the labour court, the employee even after getting ample opportunity has not given evidence, the court dismissed his matter, after four months he again filed the same petion before labour commissionr stating i was not aware of the date hence my petition was dismissed, so again his petition should be entertained, the commissioner issued notice to the respondent employer, the question is can he give a fresh petition on same ground when it is once dismissed?'
do the priciple of res judicata would not attract? and what about the time barred applicability?
any citation for the same?
advocate satya
03 January 2009 at 13:13
hi
can anyone send me the application of early hearing of a bail matter in high court and the section applicable?
samudra
03 January 2009 at 12:37
********The Full Bench of this Court( MUMBAI HIGH COURT) in Anirudh's case (Supra) observed,
inter alia, as under:
(a) By following a decision of Seven Judge Bench of the Hyderabad
High Court in the case of Sheshadri v. Venubai, 37 Deccan Law Report
244, in the Marathwada area of the old State of Hyderabad, adoption
of a married person was valid and that Hindus in that area were
governed by the Mayukha or the Bombay School of Hindu Law and not by
the Mitakshara;
(b) a widow can take a boy over 15 years of age in adoption as also
a married person;
(c) the practice of taking married persons and boys over 15 years of
age in adoption in the regions which are governed by the Bombay
School of Hindu Law has been consistently recognised by the Bombay
High Court; and
(d) the expressions "custom" and "usage" as defined in clause (a) of
Section 3 of the Act include not only customs and usages in the
ordinary sense which have obtained the force of law among Hindus in
any local area, tribe, community, group or family, but also texts,
rules and interpretations of Hindu Law which have been continuously
and uniformly observed and have obtained the force of law among
Hindus in any local area, tribe, community, group or family.
The Full Bench summarised its final conclusions in the following words:
"In our opinion, the correct view of the provisions of Clause (a) of
Section 3 and of Section 4 and Clauses (iii) and (iv) of Section 10
of the said Act was taken by Vaidya and Shimpi, JJ., in Haribai v.
Baba Anna, . We accordingly accept that view and
overrule the view taken by Malvankar,J., in Second Appeal No.1444 of
1965, Bhimrao Vithu Khandagale v. Chandru Savala Khandagale; by
Vimadalal and Naik, JJ., in Laxman Ganpati Khot v. Anusuyabai,
and by Joshi, J., in Balkrishna Raghunath Gharat
v. Sadashiv Hiru Gharat, ."
8. The learned counsel for the respondent was right in his submissions
that the view taken by the Full Bench of this Court in Anirudh's case
(Supra) has been approved by the Apex Court in the case of Kondiba Rama
Papal (Supra) in the following words:
"...The adoption is not invalid although it took place after the
thread ceremony of the boy was performed. Thus the custom is
judicially recognised in the Bombay State as regards adoption of a
child at any age. Once the custom is judicially recognised, it is
not required to be independently proved in subsequent cases...."
. By following the law laid down by the Full Bench of this Court in the
case of Anirudh (Supra) and by the Apex Court in the case of Kondiba
(Supra) it will have to be held that in the instant case it was not
necessary for the defendant to prove by evidence before the trial Court
that there was a custom or usage prevailing in the Maratha community in
Satara District of adopting a boy who had crossed the age of 15 years
and was also married at the time of adoption. The contentions of the
appellant that the adoption of the respondent as had taken place on
22-11-1988 was illegal on account of non-compliance of Section 10(iii)
and Section 10(iv) of the Act have to be rejected and thus the
substantial questions of law at serial no.(ii) and (iii) are hereby
answered against the appellant-plaintiff.**********
Will the ruling have effect ( Under the same situation/condition) on the case of a person living in Hyderabad(Andhra Pradesh)at PRESENT. {The person belong to a "Forward cast",of Andhra Pradesh state leading casts}.
Expert Members of this FORUM, in the Family Law to kindly reply to this tricky Question please!
seshachala
03 January 2009 at 09:36
please tell us is basic wages on which the epf is calculated is to be the minimum wages of the state or is it to be 60% of the gross salary. Is there any statuatory guide lines or any case laws stating that the basic wages must be not less than the minumum wages.
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Whether ESIC is Applicable ?
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