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Dhruv Rajvanshi   29 March 2011 at 20:36

Mental Harrasment

Hi Sir/mam,
Please advise. I did a deal with a neighbour of mine below are the details of the Deal,
She was fighting a Divorce case for last 7 years and she came to me for hellp as she ddnt had funds. I agreed to help her with one my friend who is a Advocate she promised Miss Divya Singh (My neighbour) Tha she'll get her a divorce with a year and i paid the layear 20000rs as a initial fees and i asked my neighbour that whaterver i'll be be spending oon you once you get the amount of alemony from teh court i'll be taking 50,000 on top of it which was agreed by her and by her mom this 26/02/2011 she got the elemoney at of 15,00,000 INR and in the mean time i paid the lwyer th sum in tiotal for 1,20,000 and she paid Ms divya singh paid me 1,80,000 in total now today she is coming up to me and asking for all teh money back and harrasing my family my mom and father mentally i am the only earning member in teh family.So, the only question i need to ask is can i file the case of Mental unnecessary harrasmnet and send a chalan to her for the same and i yes what fees will it cost me or if you may contact me asap onmy mobile no: 9560555245 to discuss more that'll be wonderful.

Ajay Pal Jangra   28 March 2011 at 21:59

validity of creditworthiness certificate

Sir
Please reply my following queries:-
I applied for RO dealership in bpcl co. Panipat. A certificate of credit worthiness was submitted by me. 5 marks were allotted for this. The format was as under& after filling up the required details I produced it before my bank. The bank issued me this certificate with some changes in this format. .Instead of writing {In case, a dealership is allotted to her, we will be willing to extend a loan of Rs. 2000000.00 (Rupees .Twenty Lacs (in words)}
.The bank changed underlined/ bracketed language and wrote this – Sanction of credit facilities shall be considered on merit of the case as per rules of the bank, on receipt of loan application.

I submitted this to the company but the company has not evaluated the same saying that no amount mentioned in the certificate hence not evaluated and zero mark awarded for this during selection procedure.

The condition for this certificate in brochure of the bpcl co. advertisement is as follows-

Credit worthiness

5 marks. Letter ensuring credit: Bank / Financial Institution / individuals / party's letter ensuring credit / Credit worthiness certificate from scheduled Bank / Financial institutions. However, in case of Rural ROs, such certificate issued by any bank can also be
Considered. Credit worthiness certificate (Appendix-A2) from scheduled bank/ financial institutions and / or expressing willingness to extend loan if required


1.If the decision of the selection committee not to evaluate the certificate submitted by me is as per law .
2. If certificate submitted by me does not fulfill the condition of the company.
3. If this certificate is not expressing the willingness of the bank to extend loan if required.
4.If selection committee should evaluate it proportionately by awarding lesser marks instead of full marks or zero mark.
5. If the selection committee does not evaluate it even after my representation, what action should I take and before which authority or court.
6. If any sort of action in consumer court or other court can be initiated against the bank for not providing required service as the bank has charged Rs.600 from me as fee for issuing this certificate.

Original format - APPENDIX- A2

Credit worthiness certificate from the Bankers, from Scheduled bank/Financial institutions be obtained in their letter head in the following format and enclosed with the application

To whomsoever it may concern

Smt. Rani Bala W/o Sh. Ajay Pal is a customer of this bank for last 15 years and she , is enjoying the following facilities of our bank :
a. Saving Bank Account No. 1946000100062018
b. Bank Locker No. S-48/2
c. F.D. No. 194600PQ00000061

During the above period, the dealing of Smt. Rani Bala with the bank and her conduct has been satisfactory. In case, a dealership is allotted to her, we will be willing to extend a loan of Rs. 2000000.00 (Rupees .Twenty Lacs (in words).



Signature Name and Designation : Office Seal : Date

kapil dehuliya   27 March 2011 at 20:17

civil law regarding 39/1/2

under 178,civil court can stop tehsildaar to stop partion in matter of "svatv".but that time period is for 3 month.
in my case civil court had not passed any order against tehsildaar to stop partion of agriculturer land as in opponents 39/1/2 application the opponent has not made tehsildaar direct party. now three month have passed, i requsested tehsidaar for partion ,tehsildaar continued the procees, now opponent had given one more application of39/1/2. now my question is that can civil court can stop tehsildaar to stop partion process ,as three month have passed.
In previous 39/1/2 order both parties were stopped to divide land,and tehsildaar was not made party.both the party didnt appealed for that order for six month. its a matter of property division of ancestrol property between a son and daughter.

Jitendra Shekhar Dutta   23 March 2011 at 23:31

LTC

SIR,
I AM AN ASI(MINISTERIAL) IN CRPF SINCE 2001.
CCS (LTC) RULE IS RUNNING IN MY DEPTT WHICH IS USUALLY USED BY OTHER CENTRAL GOVT DEPTT.
I HAVE BEEN SANCTIONED 4 YEAR LTC FOR 2006-09(EXTENTION 2010) DURING 2010 DECEMBER. BUT MY COMMANDANT HAS BEEN CANCELLED MY LEAVE WITHOUT ANY REASON SO I COULD NOT AVAILED LTC FOR MY WIFE, FATHER AND MOTHER.

I REQUEST YOU TO CLARIFY THAT IS ANY RULE SO THAT I COULD CLAIM FOR LTC COMPENSAITON WORTH RS. 14,000/-

THERE IS NO RULE OF AVAILING LTC AFTER 2010 (FOR 2006-09 PERIOD)


I AM WAITING YOUR REPLY WITH THANKS
YOURS..

Vijayalakshmi K   19 March 2011 at 22:15

Surrogacy mother rejects to give the child to Biolajical parents

"X" and "Y" are Husband & wife respectively and both are earning totally 2.5 (approx) lakhs per month. Married in Jun 1990, and living very happily. But the curse of fate tested their patience for 2 decades for not having a single child. "Y" decided to have a child (to continue their generation) by any sort of womb technology like ART
( Artificial Reproductive technology).

On one day "Y" met her school friend "Z" when she went for shopping. "Y" felt very happy and invited her friend "Z" to visit their home. Later "Z" visited "Y" house (15-08-2009) on repeated requests of "Y". Both recollected their school days and sweet memories, but "Y" felt very sad on the tragic events of "Z" like "discontinue of studies", "married to an undisciplined & Reckless husband", "death of her husband in an accident", "struggle to live with one daughter" etc.,

Later "Z" started to visit "Y" house frequently. This emboldened "Y" to request "Z" to bear a child for her through Artificial Insemination and she assured that she would take care of the interest of "Z"'s daughter in respect of her education and marriage and also promised to deposit Rs.5,00,000/- in name of "Z" and her daughter.

"Y" prevailed upon "Z" to concede to her request and deposited Rs.5,00,000/- in Andhra Bank, Hyderabad on 15-11-2009

On 1-12-2009, "X", "Y" and "Z" went to "WWW Fertility Center", Hyderabad and requested Doctor "M" to help them in their mission. Dr. "M" asked them to come on 6-12-2009. On that day DR."M" had taken the SPERM of "X" and introduced the Fructified Zygote in the womb of "Z" successfully. Both "X" & "Y" have been showering good deal of love and affection upon "Z" and her daughter, and all are in good spirits and happiness.

On 10-09-2010, "Z" gave birth to a male child on this "X" & "Y" are in ecstasy. After discharge from the hospital, "Z" refused to stay in the home of "X" & "Y" and she left for her home.

"X" & "Y" could not resist their longing for the child and used to visit "Z" daily. After 3 months "X" and "Y" requested the "Z" to give the child to them as per their understanding & agreement, but "Z" refused to oblige them.

"X" & "Y" are disappointed and forced to approach the District & Sessions Judge, RangaReddy District seeking for the custody of the child.
As a defendant Lawyer (on “Z” side) My Question’s are:
1.Rights of Surrogate Mother (my Client) on this child. So what will be the case if she will refused to give child to the Plaintiffs
2.Value of Case is more than 5,00,000 including Deposit, ART Hospital & Medical expenses and living expense of my client and daughter. So this suite is valid to approach District & Sessions Judge court?

and also require some valuable points to fight Defendent ("Z") side

Rajeev1978   14 March 2011 at 09:35

Legal suit against false claims made by pharmaceutical companies

Dear All,

I came across a rather peculiar query a few days back

One of my friends is happily married with a lovely daughter.They tied the knot in 2008, and were blessed by a baby daughter in 2009. Seems quite a case of blissfully married couplebut the,truth is that his wife has gone into depression because she had to forsake her seat in one of the premier fashion designing institutes in the country due to her unexpected pregnancy.

My friend said that they had taken adequate precaution to prevent such a thing from occuring , but the inevitable happened. The inlaws were strictly against going for a termination of pregnancy , hence all her dreams and ambitions were shattered.

I advised him that he cannot claim damages because , it is a fact that even pahrmaceutical companies dodnot claim 100% protection in case of their products. But , he came up with a valid point that , what is the percentage of population in india who are aware of this??? There may be a small disclaimer in illegible wrirting to support their claim, but when we are dealing with such a serious issue like the risk of faliure of contraceptive may result in undesirable pregnancy, shaterred dreams and aspirations or worse still getting infected by HIV or STD’s .Why cant we have something like a WARNING like ‘USE AT YOUR OWN RISK’ as in the case of TOBBACCO related products.

All members are coordially invited to give their expert comment on this isue

Regards,

Rajeev.

G.Nagarajeshwar Rao   09 March 2011 at 22:20

Partition and Shares in Muslim Law / decree against dead person

My friend filed a civil suit for partition of house/s property of Muslims. Father died, suit filed by male person [sole son] of the deceased father. The property is his father's property. His mother and sisters as well as tenants were made as parties to the suit. The suit filed in the year 2002. The suit decreed in exparte in the year 2009 and preliminary decree is passed. The first defendant i.e. mother of the plaintiff died in the year 2004. But my friend did not informed to the court, though all the legal heirs of deceased mother are on record. Now the suit is decreed against the dead person. Can he file the final decree ask the shares at present entitlement of the parties? or whether the suit is required to reopen for amendment of the preliminary decree by incorporating the information of the death of first defendant i.e. mother of plaintiff?

barun deka   09 March 2011 at 19:11

abatement

Dear friends,



there was a second appeal which was disposed off long back..... later on some dispute arose regarding the reliefs and ultimately the supreme court directed us (appellants) to file a petition under Section 152, cpc for amendment of judgment & decree so as to specify the exact reliefs.

now, during the pendency of the petition under S 152 of cpc, two petitioners/appellants died. Now do we need substitution???

Because under order 22 Rule 6, there can be no abatement between the time of final hearing and final judgment.

Now in a petition under S152 neither side can re-argue the matter on merit, therefore final hearing has already concluded and after disposal of the said petition a fresh/modified judgment would be passed. therefore would it not fall under the purview of Order 22 Rule 6?

So if there is no abatement, do we need substitution????

i have done a lot of research but could not find a concrete/definite answer.

SANJEEV SRIVASTAVA   09 March 2011 at 11:58

registered partnership & unregistered dissolution deed

Dear Sir

Kindly answer in an registred partnership, partners dissolve the partnership deed through notary only with understanding that One Partner (Mr. A)will pay 50 lakh to other Partner Mr. B in two months. Thereafter Mr. A declines to give the payment to Mr. B. No other information or paper has submitted by Mr. B to any one. Now My questions are:

1.Whether Registration of Dissolution deed is mandatory?
2.Whether it would be readable as evidence in court, if Mr. B FILES A SUIT FOR RECOVERY?
3. What are the remedies available to Mr. B?
4. Mr. B does not have more money to pay court fee?

rajesh makol   08 March 2011 at 23:31

Filing a case for cancellation of nonexistant property documents

PLEASE CONSIDER THE FOLLOWING CASE FOR ANSWERING:
A. COURT FEE IS TO BE PAID ON WHICH PROPERTY VALUE - ONLY EXTENDED PORTION OR BOTH THE ACTUAL AND EXTENDED PORTION?
B. CAN A RELIEF FOR REMOVAL OF ELECTRICITY CONNECTION WHICH WAS BASED ON FRADULENT PROPERTY PAPERS BE PRAYED BEFORE THE COURT?
C. WHAT IS THE MOST PROBABLE OUTCOME OF THE CASE?
D. SHALL THE PLANTIFF COMPROMISE WITH THE DEFENDENT IF THE COURT ASKS FOR MEDIATION?
E. IS THERE A NEED TO FILE SEPARATE CRIMINAL CASE AGAINST THE DEFENDANT?
F. WHAT OTHER SUGGESTIONS WOULD YOU LIKE TO GIVE?
** THE CASE IS TO BE FILED IN A DAY OR TWO.ITS URGENT.

That the cause of action for filing the present suit arose in favour of the plaintiff and against the defendant when the plaintiff purchased the flat bearing No. B – IV/123C, DDA Janta Flat, xyz Road, and when it was informed by the seller that the possession of the extended portion on the roof of the flat of the plaintiff cannot be give as the tenant occupying the same has obtained a stay order from the court of law and when it was assured that the needful is being done in the matter and soon the tenant will vacate the said extended portion and thereafter the same shall be handed over the to the plaintiff and when no information with regard to the alleged litigation was divulged to the plaintiff as mentioned here in above, it also arose when in March 2009 the plaintiff came to know that the said tenant has sold the said extended portion on the roof of the flat of the plaintiff as mentioned herein above to one Shri Avtar Singh, claiming it to be his own property and narrating its address as to be bearing No. B – IV/123D, DDA Janta Flat, it also arose when coming to know about the said sale transaction the plaintiff rigorously inquired about the same when it was revealed that the said tenant claimed to be owner of the said extended portion/suit property on the roof of the flat of the plaintiff, having purchased the same from one Shri Charanjit Singh, who intern claimed to have purchased the said extended portion/suit property on the roof of the flat of the plaintiff from the original allotee and showed the photocopies of some papers in this regard, and when the plaintiff and her husband confronted the said Shri Sushil Arora with the complete chain through which the plaintiff had purchased her flat and when it was represented that the said documents in possession of the plaintiff are not genuine and the complete chain is with him and when the said Shri Sushil Arora did not handover any document in this regard, it also arose in favour of the plaintiff and against the defendant when the plaintiff became suspicious about the deal and started making enquires and when one Shri Avtar Singh took over the possession of the suit property claiming himself to be a tenant under one Shri Mathur, it also arose when no further identity of the said Shri Mathur was disclosed and when the said Shri Avtar Singh vacated the suit property/extended portion on the roof of the flat of the plaintiff in June 2010 and when the plaintiff and her husband got the electricity connection feeding electricity of the said extended portion on the roof of the flat of the plaintiff, disconnected, it also arose when the defendant claiming to be owner of the extended portion/suit property bearing No. B – IV/123D, DDA Janta Flat, Lawrence Road, Delhi – 110035, on 29.06.2010 produced an agreement to sell in respect of the same before the electricity department for getting the electricity connection restored to the said extended portion on the roof of the flat of the plaintiff, it also arose in favour of the plaintiff and against the defendant when the plaintiff for the purpose to ascertain the legality of the said extended portion/suit property on the roof of the flat of the plaintiff filed RTI applications with the DDA, MCD, Sub-registrar, Rohini and when she received replies form the said departments as aforesaid, it also arose when the plaintiff filed a police complaint of the fraud been played by the defendant. As the defendant is claiming her title on the basis of forged, fabricated and baseless documents which do not has nay legal value in the eyes of law and has further failed to stop claiming her ownership in the said extended portion/suit property up and above on the roof of the flat of the plaintiff, the said cause of action still subsists.
22. That for the purposes of court fee and jurisdiction the suit is valued as under: -
(i) for the of relief of declaration for declaring the alleged agreement to sell dated _________ as null and void the suit is valued for Rs._________/- on which a requisite court fee of Rs._______/- is being paid
(ii) for the relief of possession the suit is valued at Rs. _________ on which a requisite court fee of Rs._______ is being paid