R Karthikeyan
08 August 2012 at 20:41
Dear Experts
I hope there is no tribunal for filing of application in Maintenance and Welfare of Parents and Sr Citizens Act 2007 in Coimbatore, Tamilnadu, hence where will I approach or go ?
Shall I apply District and sessions court ?
kindly suggest me pl
regards
R Karthikeyan
coimbatore
Arjun
08 August 2012 at 15:57
Dear Sir,
one of my friend had sold his motorcycle to someone 3 years ago but the buyer till date hadn,t transferred the bike on his name. can my friend, the seller, initiate any legal proceeding against the buyer?
please suggest, thanks in advance
Regards,
Arjun
SRINIVAS THATIKONDA
08 August 2012 at 12:28
Dear All
In the Trust deed of Public Charitable Trust, there was no reference to passing of circular resolutions by the Board of Trustees. In view of this, can the Trustees pass the resolutions by Circulation? Is there any bar in law for the trusts?
Regards
Srinivas
Aashish
08 August 2012 at 11:49
Dear members,
I have two queries,
1. The Company held its Board meeting in Dubai. Allotment of share was one of the business of the meeting. Place of registered office of the Company is in Mumbai.
Question is: Now whether stamp duty is payable on issue of share certificate. Is place of Board meeting to be considered or place of registered office.
2. If stamp duty is payable, what is the rate of stamp duty in Mumbai as per Bombay stamp Act.
Smt. Parul Shah
08 August 2012 at 01:29
Kindly guide me whether can I file Review Petition in National Commission? Whether NCDRC has power to review its own ORDER? Where can I file Review Petition when my complaint is dismissed by NCDRC? What is the Procedure and within how many days should I file it?
Thank you.
Ramesh Sudharsan
07 August 2012 at 22:50
Our Co-op Hsg Scty has resolved in our AGM that our CHS will contribute some amount to our colony's Social and Cultural Association. The payment will be by cheque. This resolution was unanimously approved by the members present in the AGM. Earlier, member's,as per their choice and wish, were giving contribution or skipping. Henceforth the CHS will issue a single cheque on behalf of all memebers of the CHS.Is this a violation of any model bye laws of CHS act?Though the amount is very less some absent members are not happy about this resolution.
Harshala
07 August 2012 at 17:54
Can anybody provide me process flow of Hierarchy of courts?
Mihir
07 August 2012 at 16:28
Dear Expert,
I would like to form Trust in Gujarat State.
Plz Guide me with respect to following matters.
1. Purpose to create trust is to hold the Shares of Promoter and Group Companies.
2. Kind of private trust where only beneficiaries are Family members of Trust.
Now, What kind of Trust I need to form?? What is the formalities in Gujarat State?? What kind of objective / clause I should insert in Partneship Deed??
Also any relevant points need to be considered through your eyes.......
Thanks
Mihir Doshi
Smt. Parul Shah
06 August 2012 at 22:14
In my case in NCDRC, I have not received Order so far, but from the site of NCDRC I downloaded the Order dated 27/07/2012 which is as follows
"In our view, it would be appropriate to get amicus Curiae for the complainant. Therefore, we appoint......... as Amicus Curiae to conduct this case on behalf of complainant. She will be paid Rs.5,000/- as out of pocket expenses. Learned counsel for the complainant after reading the file wants to withdraw this case. The complaint is dismissed as withdrawn. The complainant is given liberty to seek remedy before the appropriate forum as per law."
Now what are the remedies before me? Can I have right to appeal before NCDRC? Within how many days I should complete the next step?
Where I have to file my civil case? whether at High Court or Supreme Court? Whether there is any court fee is required to be paid?
My financial position is very miserable what should I do?
Kindly guide me.
Thank you.
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Contempt proceedings
Hello members
The issue is that my client was alleged under the Contempt of Courts Act and a contempt petition was filled by the petitioner against my client alleging that he committed an offence under his official capacity by dis-obeying the order of the court.
The basic dispute is that the petitioner filed a civil suit i.e. Suit for permanent Injunction against like Municipal Committee, Irrigation and Canal Department etc., we are for the Canal Department i.e. holding the post of XEN.
The dispute is that some land of canal department was given to the Municipal Committee without any rent/lease as Municipal Committee wants a small piece of land for collecting the Octori by building a booth there and in pursuance of their request the Canal Department delivers the possession of a piece of land to Municipal Committee, but after sometime Municipal Committee stopped collection Octori and gives that Booth on lease, without prior permission of Canal Department, to some private person. After sometime that private person vacates the premises and then Municipal Committee again gives the Booth to some other private person for opening a shop. When the Canal Department comes to know that the land was leased by the Municipal Committee to some private person without prior permission then Canal Department requested to Municipal Committee to give back their land with vacant possession. In pursuance of that Municipal Committee issued the notice to the lessee for vacating the premises but he refuses to accept it and even a report is noted by the postman on the back of that notice of refusal.
Then after that the 2nd private person filed a suit for permanent injunction for restraining them from dispossession of Booth and the defendants took their plea that as supra, and the case was withdrawn by the plaintiff "DISMISSED AS WITHDRAWN" after recording the statement of parties i.e. the statement of Plaintiff and statement of XEN of Canal Department was recorded only, in which it is evidenced by the XEN that he will purse as per the law for getting the possession.
In pursuance of that Canal Department issued letter to the Municipal Committee for delivering the possession and they issued again notice to the Plaintiff that he will deliver the possession of the Booth within 30 days failing which they will come and demolish the Booth, but the plaintiff did not vacate the Booth and after 30 days Municipal Committee and Canal Department Officers went at the spot with Bulldozer and demolished the Booth.
The plaintiff then filed the Contempt petition before the Hon'ble High Court against the XEN of Canal Department, as he is only officer who comes in witness box for giving evidence besides Plaintiff himself and he filed the contempt petition against the XEN only and no other official was named in the petition.
My main query is that if a civil suit was withdrawn by the himself and no finding of the court comes out and even their is no dis-obedience of the court order, as the suit was withdrawn as dismissed by the plaintiff himself on his statement, then is their any violation of the ld. lower court for which contempt petition was filed against the XEN.
If not so, then please give me some citation on the above query point.
Thanks
Munish Kumar Garg
Advocate