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Raja   11 November 2011 at 11:31

Show cause notice

Whether an employee can be suspended without issuing Show Cause Notice? Whether it is a violation of Natural Justice? Whether Second Show Cause notice is necessary before imposing punishment? Whether an official note in the Office Note Sheet enquiring about the matter be treated as show cause?

Anonymous   11 November 2011 at 11:31

Need judgements/court's decisions pertaining to video proofs of husband's illegal contact(s)

Wife is having the video proof to show her husband's illegal contact and filed a DV case in related to it.

1) How does the arguments proceed in court on this?

If husband denies and wife shows extra proofs to support her claim then

2) how it will treated by the court? and what kind of judgements will be expected?

Anonymous   11 November 2011 at 11:18

Mou for sale of huf property without consent of co-owners

Recently my Grand Mother, Father and Uncle entered in a MOU to sale HUF property owned by their individual HUF,s jointly, but without the consent of Co-owners. Some how that deal can not me materialized completely (as buyer did not make the schedule payment) and MOU was terminated by them. Matter is in arbitration now.

Can arbitrator pass an award to sale the property on previous rates specially when there is no consent of Co-owners ?

Is that MOU is legal ? Will be obliged if I can get some rulings on this subject.

Mnselvaraaj   11 November 2011 at 11:17

Specificperformence

during the pendency of civil suit, can the defendant sale the suit property to the third party?

deepak   11 November 2011 at 10:51

Notice under xxi rule 22 served for exitcution asked for rule 32(1)

judgement dated 20/2/2010.findings isses;1)do plaintiffs prove their right, title & interest over suit property?ans.(YES)2)do plaintiffs prove that defendants are in permissive possession of suit property?(YES)3)do defendants prove that they are possessing suit property in their independent capacity as tenant?(NO)4)do plaintiffs prove that they own the entire material of suit shop?(YES)5)Whether plaintiffs are entitled for the reliefs claimed?(YES)6)What order & costs? as per final order.ORDER: suit stands decreed with costs. defendants are hereby restrained by order of injunction from working or conducting business insuit shop having shop no.xyz,munbai.first appeal in H.C.is pending for stay,no stay order granted after 23/8/2010.can i get possession after execution?or attachment under order xxi rule32(1)?defendant who have not obeyed the & decree passed by the Honble court on 20/2/2010.can asked order for civil prison. ihave filed execution of the decree? order is pending in civil court.

Aseem Vaishya   11 November 2011 at 10:43

Under postal certificate

Could any one please inform me whether service through Under Postal Certificate (UPC) is a legal service of notice?

As my opponents claims that they had sent me the notice by UPC, which has been never received by me.They have managed the UPC receipt from Post Office. What is the legal position of service in this case ? I had already submitted my rebuttal by filing affidavit of not receiving the Notice.

Kindly give me some rulings.

Anonymous   11 November 2011 at 09:32

What is rem or personam

what r d main diference between these two(jud in rem or jud in personam).i m confused in when it says(rem) it determines status or things.explain me this concept thanks in anticipation

Anonymous   11 November 2011 at 06:24

Service on compassionate ground

Whether legal heir certificate can be issued under bombay regulation act for claiming service on compassionate ground. If this act is not applicable whether legal heir certificate can be issued under any other law. Plz give relevant rules which are applicable for getting service on compassionate ground. Plz guide.

TIRTHA MONDAL   11 November 2011 at 00:02

Asking more information for previous posted(9/11/11) question on 'deed rectification'

In my deed,the quantity of my purchased land depicted as "25.6 decimal or 11,319sq.ft or 0.0259 of-on-acres".All the data are correct,but the data "0.0259 of-on-acres" is wrongly depicted where it would be "0.259 of-on-acres".(It may be relevant that the areas of land map in my deed is correct and when,in 2010,I gave revenue for this purchased land,the Revenue officer took revenue & gave cash memo against 0.259 acre).Now,The new District Sub-Registrar(the previous D.S.R,who signed in my deed, was transfered) is not willing to rectify this clerical mistake and says that there is no rules to rectify the recorded data of land quantity/Plot no.After that he said that as my purchased land was recorded as 0.0259 acre,for registering 0.259 acres excluding 0.0259 acre,I have to give again the Land Registration Stump duty about 50,000 although I had given the full and complete stump-duty of 70,200/ and the total cost of land registration was 1 lakh and 5 thousand rupees against the land valuation of 10,85,000/ according to the West Bengal Registration Rules 1961. Today I have met with the vendor and he agreed to give his consent in writing in front of court/D.S.R that he sold me 25.6 decimal=to 0.259 acre=to 11319 sq.ft land.Today I have also met one local civil lawyer who wants to go through AFIDAVIT or DEED OF DECLARATION or PRE-LITIGATION process.But the BLOCK LAND & LAND REFORM OFFICER(B.L & L.R.O) told me that he may accept land quantity data for Mutation and "Parcha" purpose, only in acre which must be depicted in deed and no other document,i.e AFIDAVIT/DEED OF DECLARATION/PRE-LITIGATION will be entertain.As I am a retired person and got extension to stay in company quarter for 6 months,I am not willing to go any civil suit as I have to complete my home-building upon this land within this limited time.Please let me know What should I do & in what judicial process I shall get remedy in shorter time and able to save the re-registration stump-duty fees about ,more or less, 50,000/ as I have already given the total amount according to that W.B Registration Rules 1961.

Sheetal   10 November 2011 at 22:45

Case law

If matter after decided in district court challenged in high court as first Appeal and then disposed as Appeal from Order and sent back to district court again.Now again if same part want to go again in high court it will be file as First Appeal or Appeal from order or Second Appeal