manikandan
04 June 2009 at 12:05
Dear Experts, Kindly explain me about Insolvency Petition and how to proceed.
Regards,
Manikandan
Pramod Kumar
04 June 2009 at 11:24
Dear Members,
Would like to have your insight on the following.
1. Is it necessary while issuing notice for recovery of the money to have interest clause for claiming interest.
2. If there is no such interest clause in the issued notice, can the same shall still be claimed in the plaint being filed with the civil court.
3. If at all we file such plaint will the court deny any such interest to the party.
Regards,
Pramod
Gopal Krishna Behera
04 June 2009 at 07:25
Is ther any period of limitation for setting aside an exparte decree?
yogesh
03 June 2009 at 14:04
Dear Firends,
I need an information from those who are practisng in the CAT. If an applicant files an MA(Miscallneous Application) during the pendency of the O.A(original Application), Please inform that M.A will be listed separately or only on the date of next hearing when O.A will be listed?
Regards
Yogesh
manikandan
03 June 2009 at 10:04
Dear Sirs, I have taken Personal loan and credit card loans from various banks for starting of Aqua culture business. But now I am not in a position to repay this amount since I have lost all my money in the Aqua culture. Intially i have managed by getting new loans to pay my loans. slowly increased my loan amount one by one because of paying my monthly dues. Now my total emi comes around Rs.80000, Now I am finding very difficult pay my dues. I have informed my bankers about my critical situation and they are not coming for counseling / considering my case. No assets for my family. Now no more ways for paying my dues. But I wanted to be genuine to the bankers. Kindly guide me what should I do for managing my situation.
Satish
02 June 2009 at 21:41
Resp. Expert Members,
One of my client has recorded the conversation of his wife and mother-in-law in his mobile phone.
The recorded facts are of much important in his case for seperation.
Now I want to know :
1) What is the procedure to produce this audio recording before the court?
2) At which stage I should produce it before the court?
3) Whether it will be considered by the court as a documentary evidence?
shivraj
02 June 2009 at 20:43
In one case Suit is filed in the year 1991 for partition of Joint family property. Afterworlds plaintiff died within pendency of suit he have only one doughter (heirs) which is married in 1980. In this case 51 defendants meanwhile time 10 defendants have filed power of attorney of plaintiff which is fraudulent in nature because the signature of plaintiff not taken on POA. That the POA holder is def.no.2 son and taking the benefit of Fradulant POA def. filed a compromise pursis before the JMFC Court and obtained a judgment and order in favour of def. but in the compromise pursis there was no consent or sign. Of plaintiff was Taken and also he is not present before the court at the time compromise pursis because of illness and old aged person.
After that taking the benefit of compromise judgment and order the defendant sold out some part of suit property. For challenging the illegal act of defendants Plaintiff daughter filed an application U/S-151 of CPC. And Sec.420, 465 of IPC and demands to recall the original case and taking action against the illegal act of the defendants. And also she has proved that this POA is illegal and forged in nature from competent authority.
On this point of view following question arises:-
1) Whether the LD.JMFC have a right to decide the compromise pursis?
2) Applicability of forged document like as POA?
3) Can plaintiff recall directly the original case? Which is in Hearing stage.
4) Whether Hon’ble Court Have directly power to cancel the all transaction made by the defendant? If yes U/ which provision?
5) Whether the court appointed a receiver or court commissioner for whole property in this case?
If any caselaws relating to this case please give the reference Thank u.
venkat reddy
01 June 2009 at 17:55
i received defediency service from a corporate bank which cased me irreparable loss and i had given a legal notice to the bank to pay damages as compensation . if i want to file case how long should i wait if reply notice is given or reply notice is not given.
kindly help. from venkat
Prashant
01 June 2009 at 17:53
My sister in law lost her father just a month ago.Her mother is still alive. Her father got 2 plots in pune from his father i.e. grandfather of my sister in law. On one of the plots her father constructed a bunglow and one plot is still vacant.Now my sister in law's brother is forcing her to give up the right on all the properties without any consideration saying that now since she is married she should give up her right.
Now we would like to know what is the remedy available to my sister in law. Is her right on the ancestral properties extinguished when she got married? Can she refuse to sign the transfer documents? Can her brother transfer all the property in his name even if his mother is alive?
What is the legal status of the ancestral property? How the ancestral property is distributed between family members?
Thanks in advance.
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Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
On the basis of above, I seek the opinion if an individual/applicant who was placed in the waitlisted candidate under Unreserved category. Can Recruitment body transfer the resultant "vacancy" of any individual (who was appointed under Unreserved category) by keeping its seat vacant and later transferred to the Reserved category by debarring applicant rights if the waitinglist panel is having in its validity period
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