LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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c k pathak   07 December 2012 at 08:47

Prevailance of will over service book entry

some one has made nominee/ share holder for his pf, gratuty and others super annuation benifits such as pension etc. now he makes a will barring all previous nomonees/share holders and declares otherway. which one will prevail- the will or the entries in service book?

Dharam Nangla   07 December 2012 at 06:02

Change of lawyer

My current lawyer is not attending my matter in a revision application. I have to change the lawyer, but afraid he will not give me NOC, even though he has been paid. What can I do?

Ashwin Goswami   07 December 2012 at 00:26

Leakage from above flats from his bathroom to our ceailing.

Respected Sir,

I Ashwin Goswami, residing at Krishna Flat,Opp.Spandan Hospital,Sindhwai mata Road, Vadodara 390004, in first floor, My flat no is 104. There is a leakage in my flat from the bathroom and leaving room of Mr. Vinod Rochwani who is staying above my flat, his flat no. is 204. Due to leakage the water is slowly seeping has already damaged my walls. The filthy bathroom water is also causing a bad stink in our house which has endangered our health.
I have repeatedly asked Mr. Vinod Rochwani to carry out repairs and plug the leakage. He is ignoring it. Before this the leakage was repaired by me by my own cost, now he is not cooperating me even if I am ready to pay the repairing charges.
So please advise me who is responsible to repair the leakage from the roof of the above flat. Give me reference for any Law Or Act regarding this.

prakash   06 December 2012 at 23:11

Deoparmental proceeding

I AM WORKING IN AN AUTONOMOUS ORGANIZATION, WHICH HAS CONDUCTED AN WRITTEN EXAMINATION FOR SOME POSTS IN THE SAME.I WAS ORDERED TO SCRUTINIZED THE ANSWER SHEET WITH OUT ASKING ANY CHOICE FOR IT. I HAVE DONE MY JOB SINCERELY & HONESTLY. LATER ON THEY CHARGED ME THAT AS MY BROTHER WAS A CANDIDATE I SHOULD NOT HAVE TO PARTICIPATE IN THE EXAM & ISSUED MAJOR CHARGE SHEET.
LATER ON,IN THE PROCEEDING IT WAS ESTABLISHED THAT MY ONLY ROLE IN THE EXAM WAS IN THE SCRUTINY OF THE ANSWER SHEET BUT I HV NOT EVALUATED MY BROTHER'S ANSWER SHEET.THERE WAS NO ANY IRREGULARITY IN EVALUATION, NO ANY TEMPERING IN HIS ANSWER SHEET. ALSO HE WAS NOT SELECTED.HE DO NOT USED TO LIVE WITH ME.
BUT I WAS ORDERED MAJOR PENALTY.
IS THIS HOLDS TRUE IN THE EYE OF LAW THAT I HAVE PUNISHED WITH OUT DOING ANY ILLEGAL THING?

shiwjee thakur   06 December 2012 at 22:52

Land purchase from schedule caste owner as bihar tenancy act 1885

I am a general caste woman with an agreement to purchase a land plot from schedule caste in Bihar.I have made the contact in land registry office,dc/DM office to arrange a prior permission of administration for such purchase.Even I contacted to many local advocates.But everyone told that in Bihar ,there is no need to get any prior permission for such purchasing.Even such deals are not banned by laws in Bihar.Such deals & registry of land very common in Bihar.But I have heard that in many states either it is banned or prior permission is required.Iam in confusion.Please suggest me that what I have to do in this situation.

k.Satyanarayana   06 December 2012 at 17:55

Can more than one suit file on same cause of action at different court and for different relief

Dear Sir petitioner filed civil suit before civil Jduge (Jr Dvn) for permanent injunction . Thereafter one year when the matter still before the above court, petitioner filed one more civil case before Civil Judge(Sr Dvn) on the same cause of action for injunction and declaration. whether party can suit more than one suit on the same cause of action for different prayer

khaled.syed@gmail.com   06 December 2012 at 17:50

Cheque dishonor

Dear Sir/Madam, I had initiated legal proceedings against a man who had dishonored a check for Rs 1 Lac. Its been almost 2 years now and all I get is a next date every time the case comes for hearing. The judge very curtly tells me that "if I want the money then I should run around for getting it". I am contemplating withdrawing the case as I have lost faith in the judicial system to get me back my money and have stupidly spent about 30k already for the legal proceedings. Will I get my money back ever and what more can/should I do in getting my money back. Please help.

Aman   06 December 2012 at 17:32

Application under order 39 rule 1 and 2

Dear Experts,
An Application under Order 39 Rule 1 and 2 read with Section 151 CPC., for issuing exparte ad-interim injunction against defendants, till decision of suit was filed in the trial court along with the application of permanent injunction. The Hon,ble court issued the notices to defendants. On the fixed date, some of the defendant’s counsel came present, but no written reply was filed by any of the defendants. The Hon’ble court after hearing some brief arguments, gave one month time to defendants for filing reply & notice to balance defendants. The said application was not decided either way, stating in the order that the application is not maintainable at this stage.
Some body is advising me that as the application is kept pending by the hon’ble court, I can file its revision directly in High court & get some instant relief..
Plz advise..

RAMAKRISHNA   06 December 2012 at 17:12

Lok adalat award

Dear Sir/Madam

1) We have filed a Suit for partition long back and I am the plaintiff.

2) We have won the suit both in the Principal senior court and in the District court by confirming the shares for me and my brother in suit schedule property and importantly categorically mentioned that certain (total-4)sale and gift deeds have been void and have no legal stand.

3) Soon after this, the matter has been settled in Lok-Adalat with mutual understanding about shares in the property.

4) Court has been issued the AWARD for all the parties by confirming the shares to each individual with terms and conditions.

5) apart from the general terms and conditions, share, boundaries per each individual share holder, the award is having the important term and condition as ---> "The defendents have agreed and undertaken to clear off all the dues over the item No.1 of the scheduled mentioned property which fell to the share of Plaintiff like Municipal taxes, Electricity Bills and CLEAR ALL ENCUMBRANCES on the schedule property.

6) Now we have a filed a petition in the senior principal court (where the matter has been settled down in lok-adalat) and asking to direct the registrar to cancel and to mark those previous sale and gift deeds to avoid future complications.

7) But for this Defendents not agreeing to give no objection and they are saying still the old sale and gift deeds (which the court has been declared that those are void ) are valid not required to cancel.

8) My sincere request to all of you - please provide me advise -
As once we have the above important term-5 above in the AWARD the court can direct the register to cancel and make a note in the registration office as these are not valid ones.

Please advise me your advises or any judgements related to this topic to refer.

Many thanks for all your support

Krishna.

B.R. Naik   06 December 2012 at 13:28

Promotion against st roster point by giving service relaxation

Sir,

I am herewith enclosing my representation regarding promotion against ST Roster point to ST Employee duly giving service relaxtation.

Kindly given me judgements/orders if any. Please help me as am ST Employee.

Thanking you sir.