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Maulin Shah   24 February 2012 at 13:27

Matrimanial and service rule

Mr. "A"(husband) married with "B" (first wife) before 1986. He again married with "C’’(Second wife) in 1986 through registered marriage mentioning in the application form that he (mr.A) is unmarried B(first wife) has three children today and "C" (Second wife) has two children . There was a mutual understanding (agreement) between A & B in the civil court that "A" will give some maintanance to B alongwith residential house and 2 vigha land, A is doing job in Secondary School sine 1990, Some or other reason dispute arise between "A&"B" for land which was not handed over by "A" to "B" and maintanance not increased. The complain made to the Collector and District Education Officer(DEO) Panchmahals regarding Poly.gamy. which is proved in the family Court and court passed order that "A" has two wives. The matter filed by "A" before Guj. High Court and High court dismissed the appeal and cofirm the order of family court. Now Enquiry Committee is appointed as per advise of D.E.O. Now as per our opinion for "A" it is a moral turputide, and as it is moral tunpitide as per Guj.Secondary Education Act & Bombay Service rules, he should be dismiss. Whether we are right i.e. whether we can dismiss. Mr. A. Whether there is any loss to the institutional school? Please advise.

Mr. "A"(husband) married with "B" (first wife) before 1986. He again married with "C’’(Second wife) in 1986 through registered marriage mentioning in the application form that he (mr.A) is unmarried B(first wife) has three children today and "C" (Second wife) has two children . There was a mutual understanding (agreement) between A & B in the civil court that "A" will give some maintanance to B alongwith residential house and 2 vigha land, A is doing job in Secondary School sine 1990, Some or other reason dispute arise between "A&"B" for land which was not handed over by "A" to "B" and maintanance not increased. The complain made to the Collector and District Education Officer(DEO) Panchmahals regarding Poly.gamy. which is proved in the family Court and court passed order that "A" has two wives. The matter filed by "A" before Guj. High Court and High court dismissed the appeal and cofirm the order of family court. Now Enquiry Committee is appointed as per advise of D.E.O. Now as per our opinion for "A" it is a moral turputide, and as it is moral tunpitide as per Guj.Secondary Education Act & Bombay Service rules, he should be dismiss. Whether we are right i.e. whether we can dismiss. Mr. A. Whether there is any loss to the institutional school? Please advise.



Nick   24 February 2012 at 01:15

Supreme court order

Hi All,
Any body having any idea about the below query please post.I have tried to search in the supreme court website but could not.
Please help.Please.

Query:

Any supreme court order against the Rule 7(2) of the West
Bengal Primary Education (conduct of service of Teachers of Primary Schools)
Rules, 2001 will be highly appreciated.

Thanks in advance.




Member (Account Deleted)   23 February 2012 at 21:55

Witness

Sir,my mother was admitted to the biggest super-speciality hospital in our city by both of my 2 sisters when I was abroad during May 2007 and diagnosed having kidney failure associated with disorientation(state of confusion),emaciation(skeletal appearance because of not taking oral diet for months),agitated depression(depression with violent behaviour),deafness for more than a month.Both my sister are close to each other and always show hatred towards me as my mother wanted all her properties to be given to me after her life time and expressed her intention several times to all our relatives.The hospital records show that my second sister had sought permission to take her out of the hospital for 3 hours and the hospital doctor has sanctioned permission.That day mother was under sedation as she has been administered tranquilizer tablet every 8 hours as per doctor's prescription.Sub-registrar's office indicate that my mother was present in person to register a Willdeed for movables in favour of my first sister and a gift settlement deed for a house property worth crores of rupees in favour of my second sister,nothing was given to me,nowhere my name has been mentioned in both the deeds.After my mother's death through some other source I came to know these events and applied and got certified copies from sub registrar's office and my sisters never revealed these deeds.I filed a suit for 1/3 share in the properties and now my cross-examination is over in the trial fast track court.My lawyer now wants to produce the concerned nephrologist who treated my mother as my side witness and is insisting to convince that nephrologist to oblige and come to the court if summoned and my lawyer says if that nephrologist does not come as witness the case would be lost. That nephrologist is a very busy doctor and is a family friend of my doctor sister(first sister) and her doctor husband and my fear is, will that nephrologist come to court and do justice as per the case sheet which shows that she was just a vegetable and in a very critical state and not in clear stable state of mind (I gave the case sheet to another local specialist and he confirmed that my mother was in a serious condition physically and mentally unstable) or will he be in favour of my doctor sister if influenced by her.In that case can I seek second opinion from some other nephrologist,my lawyer is repeatedly insisting his point.Experts please clear my doubt and guide me.

durga prasad   23 February 2012 at 21:52

Partition deed

IS REGISTERED PARTITION DEED IS TITLE DEED OR NOT
IF NOT WHY? IF YES HOW?
IS REGISTERED PARTITION DEED IS AN UNDERSTANDING BETWEEN THE PARTIES ONLY!
PLEASE CLARIFY ME

s.loganathan   23 February 2012 at 20:09

What's in a name or is it a legal liability?

I opened a current account with my bank under the name 'Timbuktu Real Estate' and was given an account number 0012300. Later my Bank under the core banking conversion, without any intimation to me, opens an account styled 'Real Estate Timbuktu'and issues a new number as 0045600. I have been issuing cheques with seal 'Timbuktu Real Estate' and transacting. I am told that the codification process adopted in the computerisation of accounts will not accept even if a single alphabet or number is typed wrongly. Here in my case the nomenclature itself is wholly wrong.
I am also told by friends that the argument hat a new number is generated interalia the original number may be tenable but certainly the system will not generate a new name unless it was opened afresh as a new account. I am baffled, please throw some light on the issue. Also will I ever be liable for the new named account? Can the computer generate new name under the garb of core banking conversion?

pawan kumar   23 February 2012 at 18:02

Exparte evidence

CIVIL SUIT FILED IN TENANT EVICTION CASE IS POSTED FOR EXPARTE EVIDENCE OF PLAINTIFF. WHAT IT MEANS. WHAT WILL BE NEXT STAGE OF THE CASE. AFTER EXPARTE EVIDENCE OF PLAINTIFF HOW LONG COURT WILL TAKE TO DECIDE. PLAINTIFF HAS CLAIMED ARREARS OF RENT ALSO WHICH COURT IS TO DECIDE . TENANT IS ABSCONDING. NEITHER HE NOR HIS ADVOCATE IS APPEARING IN COURT

sridhar pasumarthy   23 February 2012 at 16:58

Lis pendens transfer

Respected experts,

I require your clarification for the following query. Though it appears to be academic, it arose in a case, which now i am dealing with at present. So, please answer it treating the same as a query on behalf of my client.

X filed a suit against Y seeking declaration of the title with respect to an immovable property. During pendancy of suit, Y sold away the suit schedule property to Z. Now Z is making constructions in the said property. At this stage, X filed an I.A. seeking ad-interim injunction to restrain Y from making constructions over the suit schedule property.

Another thing is X also filed an application seeking to implead Z as a party to the suit and the same is pending and coming up for service of notice to Z.

My question is:-

1.Having admitted in his affidavit in injunction application about lis pendens transfer of property from Y to Z, is X entitled to seek interim injunction against Y alone without showing Z as respondent(who in fact making constructions over the property)?

please explain.

moneesh   23 February 2012 at 16:50

capital of punjab ( devlopement & regulation) building rules 1953

I am using the basement of my site as a resturant in chandigarh.
The site was auctioned in the year 1975 as a commercial class building with the allowed use of basement for commercial activities.
In the year 1993 through the ammendment of building rules the adminstration of chandigarh made basement for use like stor / cellars / machine room.
The ammendment does not provides for retrospective application nor does the parent act provides.
The admonstration is fussy on use of basement as resturant due to the ammendment in the year 1993.
I have submitted that the ammendments in the year 1993 cannot be applied to me as the site was auctioned in year 1975.
please help me to support my statement.

Narendra   23 February 2012 at 16:35

Non joinder of necessary parties


Sir/Madam

I have my friend's suit in court. In that he is defendant. The suit has non joinder of necessary properties. I require case law in support of non joinder of necessary properties. I have got plenty of case laws on non joinder of necessary parties but not for properties. Plz can any one help me

Adv Dhawal Panseriya   23 February 2012 at 15:57

Part of negligence

judge for sufficient cause/part of negligence
i want some judgement related to part of negligence