Rohit
13 December 2010 at 20:57
HI Seniors,
Plz let me know the qualification of Arbitrator as the same is not mentioned in Arbitration and Conciliation, 1996.
Say for example a commerciall matter is mentioned to an Arbitrator and that Arbitrator may have knowledge, skill, and expertise in the matter referred but may not have a legal background, so can that person be allowed to adjuciate the matter as Arbitrator
Or in other words, does a person have to have an LLB degree to adjudicate matters under Arbitration and COnciliation Act, 1996
Would appreciate experts to answer this
thanks in anticipation
Thyagarajan
13 December 2010 at 20:01
In a case of mine the case was admitted on a reasoned order and after perusal of documents set for orders. The law provides the case to be reopened by the respondent on specific request like providing additional documents etc r suo motto by court for clarification. In either case the complainant is to be summoned by an official letter that the case is reopened for specific reason. In my case it was ex-party. The court suo motto reopened the case and set a date for hearing with out any summon. Was the court correct and can any proceedings after that can be treated as legal? Also the reopening was as though to treat the case afresh to decide why the case is to be admitted
Anonymous
13 December 2010 at 19:31
Respected Sir/Madam,
There was a firm established by my grand father and eventually my father and my two uncle joint the business.After the death of my grandfather they continued the business.recently my father(one of the partner of that firm)died and in his will he bequeathed his share in the business to my mother.(the partnership deed is silent about inducting heirs and says the partnership will continue even after the death of a partner)But my uncle are not ready to induct her as partner above this they have made claim of outstanding of father(the books of accounts are also not shown claiming that the books were with my father which he didn't).Please advice me what are the rights of my mother and whether she can get her share in the property of the business(the property though taken on rent has a significant value.)
Pallavi
13 December 2010 at 18:43
could anybody give me the citation with respect to the guidelines for demolition of temples, mosques, churches in Governement property in Karnataka.
Venkat
13 December 2010 at 14:51
Hi,
Family history:
The grandfather (GF) has two daughters. The GF' elder daughter, including her husband and her only daughter, stayed with the GF until her daugher finished studies and got job. After that the GF's elder daughter, on her own intentions, wanted to stay seperate from GF and the GF constructed a house, bearing all the construction costs, for her to stay. Since then the GF's elder daughter with her husband staying in that house. After the GF's elder daughter moved out, the GF's younger daughter, who was staying with her husband, moved in, along with her husband, to stay with GF. The GF's younger daughter's two sons were staying with the GF since their birth, even when the GF's elder daughter was with GF.
Property history:
Untill they seperated from GF, the elder daugher and her husband were doing labor on the property pool that GF has. The younger daughter and her husband, since their marriage, were doing labor on the property pool that GF has. Following is the descripttion of the property pool and how the GF has got it.
1) some part of the pool through partition of GF's father's property. This partition happened while the GF's daughters were kids.
2) some part of the pool was bought by GF using the money earned by him and his wife's combined labor. This purchase happened before both of the GF's daughters got married.
3) and again, some other part of the pool was bought by GF. This happened during very early years (say 5 to 7 years) after both of the GF's daughters got married. During this time, the GF and hi wife, the GF's daughter and her husband, the GF's younger daughter and her husband were working together on the property pool that the GF has.
All the property mentioned above is on the GF's name in records.
Questions:
Please advice me on these.
The GF made a registered gift settlement deed in favour of the two sons of his younger daughter for the entire property mentioned above.
1) Is the deed legal considering the history of the property pool?
2) Can the GF's elder daughter and/or her descendents challenge the gift deed? FYI, the GF's elder daughter has only one daughter who is having two male childs.
3) If they can challenge the deed, under what grounds it could be?
4) Is any part of the above said property will be considered as HUF or ancestral property by the law or court?
Note: The GF and his wife are still alive, if this information helps you in advicing me.
Thank you very much in advance for your help.
And the said property is in Andhra Pradesh and all the property was acquired/bought by the GF before 1985.
Anonymous
13 December 2010 at 14:41
My friend is a central Govt.Employee. He purchased a house before 12 years by taking the loan from office. The loan instalments is remaining seven years and continue deducting from his salary.The home is in the name of his wife who is simple housewife and having no source of income and no judicial sepration has been filed . From about one year now his wife is living with children at her broyher's home in the same city Meerut.Now she is pressing to take the possession of house and kick him out from the house .can she kick him out or sale the house?.
Anonymous
13 December 2010 at 09:31
DEAR SIR,
I RETIRED AS A GENERAL MANAGER FROM STATE BANK OF INDIA , LUCKNOW IN DEC 2007.
AS THE POWERS THAT BE WERE HOSTILE TO ME I AM THE ONLY PERSON PERHAPS IN THE WHOLE BANK WHO HAS NOT BEEN GIVEN TILL TODAY, THAT IS NEARLY AFTER 3 YEARS OF RETIREMENT, THE CUSTOMARY LETTER ADDRESSED TO MENT ON RETIREME AND SIGNED BY THE MANAGING DIRECTOR APPRECIATING MY SERVICES TO THE BANK.
IT IS A CUSTOMARY LETTER AND DEFINITELY SENT TO ALL OFFICERS , EXPECIALLY TO GENERAL MANAGERS.
MY RTI APPLICATION ON THIS SCORE HAS NOT BEEN REPLIED TO.
EVEN AFTER 7 MONTHS OF THE CIC ORDER TO SHOW ME THE CONCERNED DOCUMMENTS THE SBI HAS NOT SHOWN TH IS LETTER NOR HAVE THEY STATED THAT THE LETTER IS NOT ON RECORD.
THEY HAVE CHOSEN TO BE SILENT ON THIS SCORE.
ALSO THE CUSTOMARY GIFT OF RS 4000/- ON RETIREMENT WAS GIVEN TO ME OVER A YEAR OF RETIREMENT , A TITAN WRIST WATCH. THE CASH MEMO ZEROX PROVES THAT IT WAS GIVEN MORE THAN A YEAR LATER.
MY QUERY IS:
CAN I FILE A WRITE PETITION IN A HIGH COURT STATING THAT DISCRIMIATION HAS BEEN METED OUT TO ME IN VIOLATION OF ARTICLE 14 OF THE CONSTITUTION
2. IS IT POSSIBLE THAT THE COURT SEES MERIT IN THIS CASE AND ORDERS SBI TO MAKE A TOKEN PAYMENT TO ME FOR MENTAL HARASSMENT AND TORTURE.
THE WAY THE SBI IS I AM REASONABLY SURE THAT THEY SHALL CONTINUE TO DRAG THEIR FEET
AND THAT SHALL MAKE MY CASE STRONGER.
I PROPOSE TO LODGE A COMPLAIINT TO CIC FOR NON IMPLEMMENTATION OF THEIR ORDER AND COMPENSATION TO ME.
I ALSO PROPOSE TO FILE A WRIT IN LUCKNOW HIGH COURT , IF ADMISSIBLE, TO SEEK COMPENSATION FOR MENTAL TOTURE AND AGONY.
ALL THESE 3 YEARS HAVE BEEN SPENT ON GETTTING INFORMATION THRU RTI WHICH CONTINUES TILL TODAY .
THE COURT CAN THEREFORE UNDERSTAND WHY IT TAKES ME OVER 3 YEARS TO SEEK JUSTICE FROM THE HIGH COURT.
I AM NO LEGAL ADVOCATE BUT I DO FEEL THAT THE ORGANISATION SHOULD BE BROUGHT TO TASK BECAUSE THE POWERS THAT BE VIOLATED ALL NORMS OF CIVILISED CONDUCT JUST BECAUSE THEY DID NOT LIKE ME.
INCIDENTALLY I HAVE AN UNBLEMISHED TRACK RECORD AND WAS SENT OR A PARIS TRIP FOR MY PERFORMANCE AS A GENERAL MANAGER IN 2007.
KINDLY DO GIVE THOUGHT TO THE MATTER AND ADVISE ME WHAT ACCTION SHOULD BE TAKEN
VINAY KALA
DEC 13
mahendrakumar
13 December 2010 at 06:59
whether a litigant/petitioner of a consumer court comes under the definition of consumer,since he/she is paying a fee and availing the service?
If so can one file a consumer case against a cdrf for deficiency of service?
Any previous similar cases?
answer only,if you can provide the details like relevant rules/orders etc
Rajkumar
12 December 2010 at 22:53
Dear Sir,
I had purchased a land of 10 Acres in tamilnadu during may,2007, after veryfing tittle deeds, encumberance and oral enquiry.
After registration, the patta was chaged in my favor.
After 12 months i came to know that, there was land acquisition proceedings iniciated on 2 acres for alloting land to dobbies during 1996 and when the same was pending before High court, the land owner, a limited company by over sight sold it to us. We had taken pocession, changed the tittle in our name and the patta was transfered in my name.
It seems that the case challenging 4 and 6 notification went in favour of the government. Without approaching me, the government passed the award in favour of the seller company, knowing me as the owner and trying to proceed further.
IS THERE ANY LEGAL REMEDY FOR THIS???
PLEASE COMMENT. CAN I APPROACH COURT AND ON WHAT GROUNDS.
mailmeamail@yahoo.com
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construction on NA LAND
Sir i have constructed additional building in open space on N.A land and town planning approved project by paying a fine to talathi.is it legal?if not then how can i regularise from collector.