V.N.K. MENON
08 January 2014 at 23:11
dear experts,
I am attaching a file containing order passed by the Single Bench in regard to an attempt to challenge the order of Sessions. I have also quoted Sec. 397Cr.P.C.
Shall appreciate valuable views/ opinion of experts as to what stand/ plea can be taken in the next hearing in March 2014 to salvage the application, if it is possible.
Thanks & regards,
Atul
08 January 2014 at 17:42
Most of large corporations/companies take land on lease for setting up retail outlets/ petrol pumps. At the time of vacation on account of expiry of lease, they take refuge under state rent laws which protects tenants and contesting bonafide need/s of the landowner despite the fact that the original lease has expired for decades together and are paying a paltry sum as lease rent.
What is the defense for the landlord if bonafide is not proved in lower courts due to -
1. Witness of the tenant not crossed by the landlord's advocate.
2. Is the personal need of landlord NOT bigger than commercial need of a large corporation based on "principles of equity".
3. Can landlord bring additional grounds before the appellate higher courts like new bonafide need.
4. Do the tenant get protection under state laws when infact they are tenant Not-in-Possession as only their dealers (who are outside parties) occupying the property.
5. Some landmark case laws enumerating basics.
6. Is the objective of the state rent laws served whereby large corporations take refuge under law setup to protect vulnerable tenants, whereas, in fact,the landlord is vulnerable.
Santwana Todi
08 January 2014 at 16:42
We bought a second hand Accent from JMD Motors in Gurgaon for Rs 125000/- and paid 20,000 for some repairs, RC and insurance. Since the day we bought the car we have been facing problems every other day with it and getting it repaired. We have spent around a lakh after we purchased the car and still the engine and suspension work is required to be done. We have bought a car and not heap that we have to get each and every part of the car repaired every second day. As a dealer his responsibility doesn’t get off just by selling and delivering the car. It was his duty to check it thoroughly before selling at the first place or atleast would have told us about the exact siyuation of the product, but since he hasn’t done so you should now atleast take the responsibility to get our hard earned money back from the owner who cheated on us by selling crap.Further, its been more than 2 months since we purchased the car and we haven’t received the RC yet for which we will have to pay Challan if caught by the Traffic police.
Kindly guide, if anything can be done about it if a complaint is filed in a consumer court. We want our money back.
Maulin Shah
08 January 2014 at 12:33
With reference to above, I would like to submit the facts of the same. Please advice.
Facts :-
(1) Smt. “x” ladyteacher filed an F.I.R. bearing CR No.37/10 in Unja Police station against teacher “y” for the offence of outraging her modesty (u/s 354) and for criminal intimidation (Sec.506) of Indian Penal code, on 21/3/2010. On the next day i.e. 22/3/2010. She has also complain to management of the same. She has also requested the management to take legal action against teacher’ “y” On the basis of complain, the management has first placed the teacher “y” under suspension vide order dt.23/3/2010 pending inquiry. The order of suspension ratified by D.E.O. Management – feel that it is moral Turpitude. I think it is not because not proved in any court of law.
(2) First show-cause notice for allegation given on 26/4/2010 to the teacher “y”.
(3) “y” submitted explaination on 06/5/2010 denying the allegation.
(4) Management has form a Committee and 1st meeting held on 26/6/2010.
(5) 2nd meeting on 24/7/2010 and 3rd on 31/7/2010. The teacher “y” has sent a proposal to the effect that inquiry to be dropped by declaring him surplus from the school for which he is ready and willing. The management has found proposal reasonable and withdraws the suspension by resolution on 8/8/2010 and inquiry was kept in abeyance. The employee worked for 20 days. In the forth meeting held on 22/8/2010 considering the said resolution inquiry proceeding was dropped.
(6) The D.E.O. declined to drop the proceeding and pass appropriate order.
(7) By order dt.15/10/2010 as per instruction from commissioner of school the headquarter of the delinquent employee changed from Mehsana to Banaskantha district. I think no power to D.E.O. or Commissioner school to do so.
(8) The management decided to continue the inquiry by passing resolution on 15/102010.
(9) Accordingly as above meeting held nos. 5 to 14 between 31/10/2010 to 21/11/2010.
(10) The management examine eyewitness but no offence was proved in any court of law.
(11) The inquiry proceeding completed on 21/11/2010 & 28/11/2010.
(12) The employee was given show-cause by management and ask why he should not be dismissed.
(13) Report Sent to D.E.O. No reply within 45 days and management dismissed on 4/2/2011 on the basis of deemed approval.
Now I would like seek your advise on the above matter as under :-
(1) Whether suspension on 23/3/2010 in grant-in-AID School is legal without appointing inquiry committee ? I think it is legal.
(2) Suspension withdrawn on 08/8/2010 after forming inquiry Committee and inquiry Committee kept in abeyance is seem to be legal ? He has “y” resumed duties and worked for 20 days.
(3) Inquiry Committee has dropped proceeding after 4th meeting held on 22/8/2010. Then how committee proceed further when proceeding dropped ?
(4) How management continued the inquiry Committee after dropping proceeding and meeting Nos. 5 to 14 held ? I think after dropping proceeding new committee should be formed.
(5) Committee has not taken decision within 150 days and therefore can not dismiss employee’s “y” as committee’s 1st meeting on 26/6/2010 & decision 04/2/2011 i.e. after 223 days.
(6) Commissioner of school and D.E.O. has no right to interfere in the matter of management because procedure of inquiry Committee and Power of dismissal only with management u/s 36.
(7) Suppose management is right than inquiry Committee has to taken decision within 150 days otherwise decision is illegal as per Act.
(8) Renew Petition filed, employee like to withdraw and want to file Sp.C.A. in High Court, whether possible ?
Please reply immediately as it urgently needed.
Thanking you,
Yours faithfully,
(M.B.Shah)
Advocate
MUKESH
08 January 2014 at 10:55
Dear All,
I want to know what is the procedure to do court marriage. what is the document required for the marriage and is there any registration required before marriage.
and i want to know one more thing that if girl's father go to the police for lodge a FIR so what step i can take after marriage to get out of this police's problem, if i submit marriage certificate and girl's statement before her father lodge FIR so is it possible.
In april-2014 i'm planing to get marry so in delhi is court open in this month. please suggest.
Thanks & Regards
Mukesh
PARTHA SARKAR
07 January 2014 at 21:51
Whether a revision is maintainable on consent order?
Satinath Chandra
07 January 2014 at 19:23
An Indian Pvt. Ltd. Company has several Directors one of them is citizen of France, now, can he represent the company to purchase land in India? Can he sign as Director of the company for mutation of the property of the company in India?
Satinath Chandra
07 January 2014 at 19:20
An Indian Pvt. Ltd. Company has several Directors one of them is citizen of France, now, can he represent the company to purchase land in India? Can he sign as Director of the company for mutation of the property of the company in India?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Rented house and future rights to married daughter
My grandmom(mother's mom) is staying in a rented room. The owner of her chawl asked to evacuate the whole chawl.
My grandmom stays there and she is very old. My mom goes there and stays in between but obviously doesnt stay there always. So is there any hope that if we fight the case my mom will get tenant rights?
TO add, my mom dont have aadhar card /ration/ any other proof on that chawl room address.
Is there any hope? Please advice. Thank you.