Rahul Singh
01 May 2012 at 20:57
As the legal position of the employee of an individual/ firm whilst on duty according to the definition of MV Act u/s -147(1) ii states "the insurer need not to cater the needs of insurance other than driver
conductor,ticket examiner in buslabourer in truck along with driver and cleaner
to cover any contractual liability but policy shall not be required to cover liability in respect of the death, arising out of and in the course of employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of or in the course of employment other than a liability arising under WCC Act.1923.
Here the question is that-we have got a petition stating that a lad was working under the owner of our insured two wheeler as computer operator, while he was using his master's two wheeler he sustained injury,our defence was that, being an employee of the Owner of two wheeler, suppose we can not consider this lad as third party, at the same time, thre's no provision for covering the risk of employee in two wheeler and no premium found collcted to cater the risk of employee. To prove this legal position I need strong supporting rulings.Kindly guide.
dharma rao
01 May 2012 at 16:36
Dear Experts,
nog-government organisation who e not receiving funds/financial assistance either from state or central government are coming under RTI act ??
plz reply soon
Ankur Sachdeva
01 May 2012 at 13:59
I had taken bunglow on rent on 6 feb,2012 and accordingly rent agreement is made for 11 months. But now i am vacating the bunglow after 3 months but unfortunately i have misplaced the rent agreement copy. Now there will be any problem in vacating bunglow or i had to make a rent agreement again from back date? Thnx in advance.
ramgopal
30 April 2012 at 22:11
Sir
My father- in- law is a central government employee in 1995 in one survey number a plot measuring 395 square yards he purchased a part of land measuring 200 square yards in hyderabad outskirts and the remaining land measuring 195 square yards is purchased by his colleague and sale deed it and registered it in sub register office both individually on their names and claimed house building loans from office. In 1996 my father- in-law expired and the government has settled his all his dues. in 2012 when I checked in internet for Encumberence certificate both their names were there my father in law registered documents said registrations transfere and his colleague loan is still recovering and it is still mortgaged in the name of president of india . in another sub register office the entire land of 395 square yards is double registered by owner on another name in 2005. so the owner has cheated on us so sir now what is the legal remedy .both of us we never bothered to physically verify the land and now in 2012 we don’t know how to demarcate the said land how to approach the concerned sub register office whom to contact and to demarc my land with help of town planning officer? Or how I have to approach the concerned police station. How to file legal case how much time it takes to solve the problem currently the occupier or encroacher is presently using the land for agricultural purpose .i will be grateful to u sir please help me to claim the land. Please help me in a step by step process so that I can proceed to claim the land physically.
arti
30 April 2012 at 17:20
I have never had a passport before and now want to apply for one in Mumbai.
In 2003 I changed my name from Priya Nath Joshi to Aarti Nath Joshi by getting an affidavit done and publishing the name change in Maharashtra Gazette.Subsequently after marriage my name changed to Aarti Bhattacharya for which I have the marriage certificate. For the past 7 years I have been using the name Aarti Bhattacharya everywhere including bank accounts, Pan Card etc.
In passport office website they have mentioned I need to get 2 newspaper clippings advertising the name change (which I dont have). Also they require an Affidavit (Annexure E> My query as follows:
1)Do I have to now publish it in 2 leading newspapers after 9 years of changing my name? If so then should I mention name changed from Priya Nath Joshi to Aarti Nath Joshi or Aarti Bhattacharya?
2)Also in the affidavit as per Annexure E should I mention name changed from Priya Nath Joshi to Aarti Nath Joshi or Aarti Bhattacharya?
3)Will not the copy of the Maharashtra Gazette along with the affidavit done at that time as well as marriage certificate suffice while applying for passport?
DV Rao Advocates-Hyderabad, (C
30 April 2012 at 14:57
For the profession of Advocacy why two ability tests. According to Sec 30 of The advocates Act, 1966, every advocate has right to practice in any court of India once his/her name enrolled in any state Bar. At the same time according to the Rules of Supreme Court AoR examination is conducting. Bar Council of India recently made compulsory that All India Bar examination. Why two ability tests for one profession?
MohammedRaffiq Bijapur
29 April 2012 at 15:57
Can a child whose age is just 6 months, whose father is not known, be given in adopt by his mother alone.
Vyasamoorthy
29 April 2012 at 09:44
I could not place a comment in reply to a query on this topic. I am giving below an article written by my friend Sri MV Ruparelia on Fast Tracks. Members may find it useful.
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Fast Track Courts. M.V.Ruparelia.
It was first time in 1999, the International Year Of Older Persons that Orders were issued by Chief Justice of Supreme Court of India had issued orders to identify and dispose of all matters on priority basis in which persons above 65 years of age are involved. Thereafter, Eleventh Finance Commission (2000-2005) formulated the Scheme of Fast Track Courts along with several Schemes of Upgradation of Standards of Administration with a view to streamlining the working of several departments of State Governments, which were in arrears and sanctioned special grants. It was observed by EFC that there were two crore cases pending in District & Subordinate Courts.EFC sanctioned a grant of Rs.502.90 crores for creation of 1734 additional Courts specifically for the purpose of disposing of long pending cases. These additional Courts are called Fast Track Courts. , as Special Problem & Upgradation Grant for all States/ UTs. It was expected that with these additional Courts & the reforms in the laws & procedure, cases will get reduced considerably, if not completely eliminated. The Scheme was further extended for five years with grant of Special Grant of Rs. 509 crores. This assistance from Centre is limited to an approved norm i.e. Rs 4.80 per court p.a. for recurring expenditure & Rs 8.60 for establishing new court (initial non-recurring for building, furniture etc). It is the primary responsibility of State Governments to establish Fast Track Courts in consultation with their High Courts as per these norms and bear all additional expenditure.
Shri Jaitley, the then Law Minister wrote to each Chief Minister and Chief Justice of States vide his D.O. letter no. 12011/2/2003-Jus(M) dt 10-7-2003 to actively pursue the objective of establishing full complement of additional courts and get all session courts cases pending for two years disposed off early, emphasising that due priority should be given to more vulnerable segment and disadvantaged section of the community namely people in the 60 plus age group. He brought out that the Chief Justice of India has already brought out to the notice of High Court Judges to take up pending matters involving older persons on priority basis. Chief Justice had identified that in India, there is high incidence of litigation concerning property, inheritance, tenancy disputes and service matters in which elderly are involved. There are also older persons languishing in jails as under trial prisoners facing criminal charges. It was desired by Law Minister that elderly litigants, either as complainant or defendant should be given immense relief by providing separate Fast Tract Courts and their cases should be given priority regardless of duration. He laid down that wherever there are more than one Fast Track Court, one of them should be earmarked exclusively to deal with cases involving senior citizens. Where there is only one FTC, instructions must be issued to deal with all cases involving Senior Citizens on priority. All cases pending with normal courts and District Judges must be transferred to FTC for priority dealing. He further desired that an Action Plan to deal with cases of Senior Citizens should be drawn out in consultation of High Courts, so that this essential Judicial Reform is achieved at the earliest.
Almost 1300 FTCs are working in various States/UTs and have disposed off 28-84 lakh cases out of 21.16 lakh cases allotted to them till May,2008. Separate figures of cases of Senior Citizens are not available. The Central Government acts as a coordinator & facilitator and the actual implementation rests with the States/High Courts. Maharashtra State has asked Centre for additional Rs 500 crore for disposing 41 lakh cases as per latest Press Reports ( DNA 15-6-10).
Ministry of Law & Justice has advised that instructions have been issued to National Judicial Acedamy, the apex training authority for Judicial Officers in the Country, for inclusion of a module in their training programme on the need for expeditious disposal of cases of Senior Citizens. A proposal for expansion of legal services/Legal Aid to Senior Citizens under Sec 12 of the Legal Sevices Authority Act,1987 is under their consideration.
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S.Pandey
29 April 2012 at 09:25
Thanking you Sir, Can anyone claim himself as 'Spiritual' and where can i get legal matter/Act related to E-media advertisement ?
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Consumer dispute
The land lord and builder have an understanding and the builder has rendered his service to the land lord and land lord failed to pay his admitted amounts then the builder approached the consumer form for deficiency in payment as agreed. The court has taken an objection that the land lord will come as a consumer but not the service provider (builder) and it is not correct form for the builder to approach for his point? it is correct with legal decisions