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Rama mohan Acharya   26 November 2010 at 15:14

Amendment in the agreement

An agreement was executed between 2 parties for certain services. The agreement has a provision that the said agreemenr can be ammended by mutual consent.The Querry is what will be the format of the amendmet agreement. Will it be like the original agreement or simply both the party can sign on a piece of paper? Whether the ammendment is to be documented on a stamp papaer as the original is on 100/- stamp paper( Not notarised). Kindly advise.

kanti kumar   26 November 2010 at 14:36

summon income tax department

what is the option left when the plaintiff want to summon defendent income tax return which is 15 to 20 years old from now, the plaintiff has all the photocopies of defendent tax return , and the department says that they had destroyed the said documents so what a plaintiff can do defendent will never put this document before court as it is against them, so please help me in which way the said document can be exhibited and the photocopy be used as secondary evidence as the original are destroyed by the department is there any judgement on this
thanks in advance ..

Mohit   26 November 2010 at 12:29

three tier system of before arbitration

There are two parties A and B contracted on certain matter. Suppose in agreement, it has been provided that in matter of dispute before going to arbitration an institution like DRB settles the dispute, i.e. three or four tier system is to be followed. But that institute is delaying the matter unnecessarily.

Now I want some judgment regarding removal of this step and jump over to arbitration directly in case of non working of that institution.

I just wanted to know that this type of steps before arbitration can be waived or not. If other party is not willing to jump and the matter is delaying than can we go to court for appointment of an arbitrator. If yes, then, I want some judgment over it.

Anonymous   26 November 2010 at 11:32

False case by wife

Hi,

My wife has filed a false complaint against me in CAW cell and CAW has issued a request letter to me to appear before them. As i have to appear before them after 3 days, pls somebody help me that how i should tackle the problem as i have no clues wat she has complained about and CAW will do now? PLS HELP.

Anonymous   26 November 2010 at 09:51

When can I made employer the party by name

Sir,
I was working in Govt sector and last month the Chief Executive Officer(Administrative In charge) has terminated my services without notice
I want to sue the organization and want to made him party by name


1 If I made him the party and if retired from the services and some else has taken the charge in his place,What happens to the case if he retired from the services?

2 If I get defeated in lower court/Tribunal and makes appeal before the High Court and if he will not be on chair whether I can again made him party by name before the High Court or I will have to made party only to the designation on which he was working i.e Director, ABC organisation

harivanshsai   26 November 2010 at 07:58

res judicata

Does res judicata also apply to objectins once filed through counter affidavit ?

harivanshsai   26 November 2010 at 07:43

ground for common judgment

There are two Impugned orders , one is obtained after full contest over the issue before CAT and another is passed by CAT without going into merits of the case as time barred.The basic geievance is identical, whose jurisdiction lies before CAT.
Both the petitioners challenge their respective orders before high court.
Can these different petitions against two different orders be dismissed vide a common judgment adjudicating also upon the primary grievance of the petitioner whose case was dismissed by CAT as time barred ?

harivanshsai   26 November 2010 at 07:38

additional grounds after judgment reserved

If a fact or additional ground/document is handed over to the high court on the day the judgment is reserved without any such prior permission and the reservation is not postponed, will these be considered on record for adjudication without any contest over these facts ?

harivanshsai   26 November 2010 at 07:34

affidavit before high courts

Can we submit some documents and additional grounds, during proceedings before high court, to the judge by hand without any supporting affidavit or application ?
Can such documents be taken on record?

harivanshsai   26 November 2010 at 07:31

additional facts and document

what is the procedure to bring on record, some more facts/documents in an appeal against the order of CAT, which were not a part of pleadings before Tribunal?