Anonymous
03 March 2020 at 17:35
I joined a private firm in April 2017. 3 year bond. Left it in March 2018 without any information. They only send a message that if you do not contact for next 7 days we will hire new person. That's it. No legal notice was sent after that and now I am selected in Railways and in attestation form I have to fill previous employment details. So what affect it will have on my job and Railway official contact previous employment private firms or not. I expect clear answer not like they can contact if they want. Please reply
sonal nayak
03 March 2020 at 13:56
Require format for petition to filed in case of contempt of court interim order in arbitration u/s section 27(5)
Anonymous
01 March 2020 at 23:10
Hi, I have sale my house property along with bank loan but margin money amount in mode of check by buyer but it got bounced and we have given time but no money was sent by the buyer.Buyer also didn't pay the installment amount to the bank and other third party had suited file in court on linking property that is the buyer had borrowed from third party.Then check bounces on margin I asked the borrower to cancel registration in the presence of sub/register and he did so.Now bank is unable to change the loan to my name because due its terms and conditions.I couldn't pay the installment in the name of buyer because this may lead to risk for property. In between ,bank took the permission for taking my position from DRT court basing section14 , sarfasei act.Even I petitioned that i will be so liable to the bank in case if bank would permit to pay installments in my name. so court ordered for status co within one week so what are my merits ?Can I recover my property buy paying amount to bank installments wise in my name?
I will be so happy if some one replies me because i did no mistake except believing the buyer as like bank did.
Kishore Malkunaik
01 March 2020 at 18:05
After exoneration from Major penalty charge sheet , I was promoted on 26.02.2019 as a Sub-Inspector in RPF through restructuring in DPC as per seniority w.e.f 01.04.2017 . After 6 months Higher authority take sumoto revision of my closed D&AR case and cancelled the exoneration order of Disciplinary authority and re-inquired the case afresh. After re-inquiry again the charges not proved by the E.O but Higher officers issued dissent note and reverted my promotion to the rank of Assistant sub-inspector
Ritesh Rathod
24 February 2020 at 15:49
Dear sir, For filing a suit of damages for death of his father due to negligency of Corporation... Appointment of Guardian is Must if he has no other natural Guardian except his grand father... As of now minor reside with his grand Father... Can grandfather institite a suit on behalf of minor grand son..
Anonymous
23 February 2020 at 09:55
Mr. Karimlala being the managing partner of a firm namely “GOLMAL” mortgaged a property in favour of the bank and deposited the partnership agreement, encumbrance certificate, and certified copy of the registered sale deed along with a letter informing the bank that the original sale deed was lost by one Dahood who was one of the partner of their firm. The bank failed to make relevant enquiries.
Mr. Dahood subsequently created an equitable mortgage on the same property in favour of Mr. Abusalem and delivered the original sale deed of the property to him. Mr Dahood had also informed Mr. Abusalem about the existing mortgage with the Bank.
Mr. Dahood failed to repay the money taken by Abusalem.
And Mr. Karimlala failed to pay the money to the bank.
The Bank has filed a suit against Mr. Karimlala and seeked for attachment of the property.
In the same suit Mr. Abusalem has impleaded as one of the defendant and counterclaiming the property against the Bank. Argue.
jains
22 February 2020 at 22:33
during 1965's a person dedicated some of his land property for the purpose of staring an aided school in Kerala. Later he assigned the property to one of his son only to take yield from the property. Later he made a will for the purpose of managing the school. He expired during 1996. Now the legal heirs of his son file suit for declaring the will as null an void. As the property is in the name of the legal heirs they are trying to capture the ownership and management of the school. will they succeed ? Which assignment of the person will be in force ? The dedication of property to school. ?-- -The execution of deed in the name of one of his son ?---or the execution of the will for the management of the school ?
RAMJI
22 February 2020 at 21:53
Background :
In one of my case on eviction of encroachments on road margin, my first representation was filed in 2018 with concerned Thasildhar under G.O nr 540 of TN govt Revenue dept. As there was no response and no action by thasildhar, I filed a writ mandamous, the High court issued mandamus directing Thasildhar to take up my representation & dispose it by following due process/laws/procedures BUT THERE WAS NO TIME FRAME GIVEN BY COURT IN ITS ORDER TO COMPLY. In this , DE (highways) was a respondent. This was ordered on 08.04.2019. subsequently, the Thasildhar conducted survey and listed the name of encroachers & extents of encroachment on said road margin survey nos ..and therein Thasildhar in turn directed the DE(highways) to remove those encroachments by issuing notices as per TN highways Act as it belongs to highways dept. Based on this, the concerned ADE (highways ) issued notices to all encroachers in Aug 2019 with 15 days notice, but none removed, encroachers went to high court and got an order for stay upto 60 days only on the humanitarian grounds by giving time for relocation /alternate accommodation, order made it clear that encroachers to identify their own alternate and vacate /handover land to highways peacefully just after 60 days otherwise highways dept can start eviction process as per law. so, during this 60 days period highways not to take any coercive action against encroachers. The said stay got expired legally on 01.12.2019. But thereafter, local body election code of conduct was imposed till 10.01.2020.Hence, from Aug to 10 Jan 2020, the highways dept did not act on it. But even after the lifting of election code of conduct and expiry of interim stay, Highways dept has not started eviction. They are delaying it for no reason in spite there is nothing barring the eviction legally as there is no appeal pending because the direction of court was issued to Thasildhar only ….and not to highways...hence they think that if any contempt case it will be against Thasildhar….But I sent reminder to Thasildhar & highways etc reminding them to comply with the direction issued originally on 08.04.2019 in my writ. There is no response to my reminder neither eviction started....with this background my queries are as below:
1. Can I file an execution petition against Thasildhar seeking for order to execute eviction with time frame...(pls note that after direction of court to thasildhar, in turn thasildhar directed ADE highways to evict & give a report) but it has not happened so far since 10 months passed from date of writ ordered... or should we file execution petition against ADE alone or both ?
2. Should I file only contempt petition against Thasildhar only ? or including ADE highways too?.. If it is contempt petition, the limitation of one year period, will it be reckoned from date of order/direction i.e 08.04.2019 or the date of contempt made...? Both officers have acted bit but not fully complied as they have not done eviction so far...( pls note that there was no time frame given for compliance in order by court .. i.e writ direction without time frame
3. If it is one year from date of contempt, can I calculate it from the date of expiry of interim stay (i.01.12.2019) or the date of lifting of election code of conduct i.e 10.01.2020?..
4. Before filing either contempt or execution petition , can I issue a legal notice to both Thasildhar & ADE highways so that we can come to know what is legally preventing them to evict?
Your expert opinions/ replies will be helpful to plan and decide accordingly
Anonymous
18 February 2020 at 11:50
Hi Experts,
My wife eloped with my 2 year old kid and has not returned in 10 days.
Upon investigating, my in-laws,told about her affair with someone near her house 5 years ago.
A complaint was given against that person 5 years ago by her father, and he apologized.
However 10 days ago, from her maternal home's CCTV footage, it was clearly evident, that she eloped with the same person early morning 5 am.
An FIR has been lodged with all the above details by her father.
Query1: How Do I legally get the right to have my son.
Query2: Can I file for a divorce immediately, based on the evidences above and request the guardianship of my son.
Thanks in Advance.
Rahul.
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Suit for recovery instead of suit for specific performance
Dear Members,
My client i.e. plaintiff had entered into the Agreement to Sell (now to be termed as "ATS") with the defendant and on the targeted date, defendant had not put in appearance. So as per the Terms and Conditions of the ATS, firstly, plaintiff can seek specific performance of the ATS or can claim double of the amount. So the plaintiff either without properly cancelling the ATS, sent the legal notice to the defendant and thereby sought the refund of earnest money, to which legal notice was replied by the defendant and thereby denied the execution of any ATS and denied to pay any amount, being ATS is based on forged and fabricated.
The trial Court decreed the Suit of my client and the appeal thereof, filed by the defendant was also dismissed and confirmed the judgment and decree of the trial Court.
Now the defendant preferred the Regular Second Appeal and a question was raised by the Hon'ble Bench that how the suit is maintainable without seeking the relief of Specific Performance or can the plaintiff without preferring any Suit for Specific Performance can claim recovery of earnest money by preferring the Suit for Recovery.
So I need the help of all members to enlighten me on this problem with some case law.