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advocate satya   13 November 2008 at 13:38

enquiry by police and rights

sir
in any case if police suspects anyone in some case and called to police station for enquiry can the person can go to the police station along with his lawyer and can the enquiry be held in front of the lawyer ?
if the police suspects any one from whom he is enquiring do they have the right to take the person in custody and under which section they are empowered to do so?

ram   13 November 2008 at 11:16

Validity of Doct

A sold 10 guntas to her own daughter 1983.
Again he sold 29 guntas ( including 10 guntas) to another party (2nd party) in 1999. what is the right of the 2nd party.

Rakesh Kumar   13 November 2008 at 10:55

Encumbrance Certificate

Dear Expert,

Please illustrate what is encumbrance certificate and why it is so important in any property transactions.

Regards,

Anubhav   12 November 2008 at 22:04

Preist Stopping woman from performing pooja

Hello Sir,

Can someone please let me know what are the consequences to the preistof a temple for stopping a hindu woman from performing puja (jot jalana) and insulting her ? Please let me know as I felt insulted when a preist of a temple did this to a woman in my pressence. I am a CA student so i dont have that much knowledge of law, but i want to make that preist learn for what he did. Moreover, please let me know under which sections and act the above case will be covered.

Anubhav

praveen   12 November 2008 at 21:09

PLS HELP HOW TO GO AHEAD TO CLAIM REFUND

I have deposited Rs20000/- on 10/01/1994 for priority registration of a car with the manufacturing company's authorized dealer. The company claims to have send me a RECEIPT-CUM PRIORITY CARD(RCPM) but the same i have not received or i have misplaced no idea. This month i have sent an email to the company to give back my advance with reasonable interest, it had replied "As of today, as per our records, the booking remains unclaimed and treated it as lapsed claim.Now the amount claimed is barred by law of limitation and the company is not liable to refund the money."

drpkkhatri   12 November 2008 at 19:17

regarding rented property

we have a rented building for last more than fifty years.we were paying rent regularly.but for last almost five to six years landlord not accepting the rent.My father sent the rent by money order but the landlord refused to accept it.there after we tried to give it personaly and asked the reason for not accepting the rent but he didnot reply satisfactorily.In this building we are running a lodging and boarding hotel.my father was looking after the same.My father expired two years back,now my two brothers are looking after the same.five years back we paid the rent for a year but the land lord did not give the receipt.my father asked for it so many times.landlord assured to give the receipt but didnot .landlord wanted to evacuate the building for commercial purpose as the property is situated at prime location.My query is that can landlord evacuate the property from us ? what steps should we take in this matter since my father is no more now? we are ready to pay rent of entire unpaid period.

melvine dc   12 November 2008 at 15:40

regarding property

suppose there are three children,two brothers and one sister,all of them are married.

now suppose the parents do not make a will and suppose the younger son is staying with the parents and after the death of parents can he continue to stay at parents residence and if he tries to take the possession of the flat. does he have the legal right to take possession of the flat. secondly can he sell the flat without the permission of the other brother or sister.since the flat belongs to all the 3 children what can be the best way out for them after the death of the parents

venkat reddy   12 November 2008 at 09:18

specific performance

what is the limitation to file a suit for specific performance if it is more than three years is there any citation of apex court let me know.

K SANKARASUBRAMANIAN   11 November 2008 at 22:44

Death Of Employee - Terminal Payments

Employee No. 8989- Mr Antone Ananth – Date of Birth : 13-Sep-1980::: Date of Joining in company: 13-Sep-2006 and died on the spot in a tragic Road Accident on 12th March 2008 at 09.30 hours while coming to office.
On joining, he gave all nominee declarations in favour of his father both for his Gratuity and PF
On 20.08.2007, he got married. After marriage he did not file any fresh nominee declaration. We have on record his marriage registration church certificate proof.
Now his settlements / terminal benefits have all been ready for Gratuity, Insurance, payroll including leave salary, prorata pay etc
Mrs Ansala, widowed wife has staked claim for the entire terminal benefits because (a) her parents paid huge dowry + expenses on marriage and now on huge debts.. and more importantly (b) her father-in-law demands that to retain all terminal benefits within the family.. but she is not willing for it, (c) her Father-in-Law is already in employment in Railways (oral information to us).
She has not taken the Legal Heir Certificate (LHC) because the local Taluk Office have insisted that the LHC will be issued only citing the three persons as legal heirs with equal share (i,e, Father-in-law, mother-in-law & widowed wife) such that her father-in-law & mother-in-law will get 2/3rds share of the terminal benefits and that the widowed wife shall be paid only 1/3rd share only

Our views:

Family pension will be paid only to the wife as per PF Rules
For PF, Gratuity, Insurance etc, we are informed that in many government organisations the process followed is that even if the deceased has not submitted the Nominee name change after the marriage, it doesn't matter. The Marriage Registration proof will do. So she becomes the beneficiary of PF, Insurance etc. His wife becoming the “undeclared Nominee” overrides all the previous nominee declarations given by him. Marriage Regn certificate appears enough. Hence they make the payment to the widowed wife

Owing to the non-prevalence in the name change for nomination soon after marriage legally here, this rider option is automatically made in to effect. If the employee is unmarried, his settlement goes to his declared nominee i.e. (father/mother/ brother etc) or any legal heir in succession by default.
Now we have on hand the marriage Church Certificate and she has promised to get us the Govt certificate in a few days time

Expert Opinion required

In the light of the above circumstances, please advise to whom to pay these terminal benefits above now ready for a) PF, (b) Gratuity, (c) Insurance (d) payroll including leave salary, prorata pay etc, and in what ratio.

nathan   11 November 2008 at 22:32

Leave encashment

Hi,

Is company can deny the leave encashment as compnay policy.Is it compulsary that Leaveencashment is given to employee as per any rule.If yes kinldy let us the act and section of the same
I will be greatful if you could send a copy of the act regarding the leave encashment.
regards

nairrs
nairrs@rediffmail.com