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Member (Account Deleted)   03 December 2010 at 01:00

code of procedure

In a service matter, If high court issues notice to the respondents and waives off requirement of pleadings as the issue is considered to be short, can it further conduct an investigation in the matter and peruse the records produced by respondents without any counter affidavit and ultimately give negative judgment based on perusal of records only, without according any defence by the petitioner?

Bhaskar   03 December 2010 at 00:46

Please Assist

Hi All,

Please suggest me how to proceed on my below issue.

I have taken Rs.3 Lakhs Chit from a Chit fund company, and I made payments of all installments regularly, however i was not able to pay last two instalments(20,000+ aprox) due to some commitments with the chit fund company agents. after 6 months they have sent me summons to make the payments of that two instalments with interest(in court notice they mentioned amount as 32,000+, on sep 31st i called the chit fund agents for talks to resolve the contravercy, however they ask me to pay 38000/- along with court charges, I accepted to pay that amount but in instalments (and made payment of 20000 on spot), and also paid 5000/- in 1st Oct, and 30th Oct 5000/- respectively,

but I have received again notice from court asking to make the payment.

As per the Court notice, i went to Civil Court on 26th Nov, 2010. And One Agent came from other party. He was asking to pay the there advocate charges along with the amount which was mentioned in the Court Notice.

As per court Notice - 32890
and also they were asking me to pay 6500 more. Hence total 39,000+. Is that the procedure to pay the other party advocate expaneses as well???

Hence I have taken time from the bench for 10th Dec, 2010. As per the Bench person my issue is not yet went to the notice of Court (I mean Judge). So Please Help me how to face this issue further. Should I wait for 10th Dec, 2010. or do I pay the requested amount (39,000)?. He was scaring me to pay the amount otherwise I have to pay that along with delay interest.

Please advice

shrikant chede   02 December 2010 at 23:45

Electricity Act

Respeced members the wording of section 164 is asSection 164. (Exercise of powers of Telegraph Authority in certain cases): The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained.My quiery is whether this provission is Applicable directly to the Maharashtra state elecricity distributin company limited i want perfect answer

Anonymous   02 December 2010 at 23:36

Successor and nomination

IN MY MOTHER'S FAMILY THEY ARE 2 SISTER AND 1 BROTHER. MY MATERNAL GRAND FATHER AND GRAND MOTHER HAS EXPIRED ABOUT 10 YEARS BACK.

MY MATERNAL UNCLE DIDN'T MARRY. HE ALSO EXPIRED COUPLE OF MONTHS BACK.

Q.1) AS HE DID NOT MARRY, IS THE SUCCESSOR OF ALL HIS PERSONAL ASSETS ONLY MY MOTHER AND MY MATERNAL AUNT? OR ANY OF THEIR COUSINS CAN ALSO STAKE A CLAIM?

MY MATERNAL UNCLE HAD KEPT RS 3 LAKHS UNDER THE MONTHLY INCOME SCHEME (MIS) IN INDIAN POST OFFICE AND I (HIS NEPHEW) AM THE REGISTERED NOMINEE FOR THAT POLICY. AS PER POST OFFICE RULES THEY WILL PAY THE MONEY ONLY TO ME AS A NOMINEE.

Q.2) DO I LEGALLY HAVE THE RIGHT ON THAT AMOUNT AND CAN SPEND ONCE I RECEIVE IT? IF NOT, WHAT HAPPEN TO THE SAID AMOUNT AND HOW LONG DO I KEEP IT WITH ME.

MY MATERNAL UNCLE HAD GIVEN HIS PROPERTY BY A REGISTERED WILL IN MY MOTHER'S NAME WHO IS HIS YOUNGER SISTER.

Q.3) NOW CAN MY MATERNAL AUNT STAKE A CLAIM ON THE PROPERTY AS WELL EVEN WHEN MY MOTHER HAS THE WILL IN HER NAME?

KINDLY ADVICE.

Member (Account Deleted)   02 December 2010 at 22:24

reason for removal from service

DOES IT MAKE THE ORDER OF TERMINATION INVALID IF REASON WAS NOT DISCLOSED IN THE ORDER SERVED TO THE EMPLOYEE AND TOLD BEFORE COURT AFTER THREE YEARS,THAT THE REASON WAS MISCONDUCT?

Member (Account Deleted)   02 December 2010 at 22:20

service rule

whether or not the order of discontinuance of services of an employee must contain the reason for removal apart from the innocous and non stigmatic language of the order?

Member (Account Deleted)   02 December 2010 at 22:19

termination without disclosing reason

can a person be terminated from contractual services services after seven years of servce retaining a lot of juniors, on account of misconduct without disclosing the reason or without according any opportunity of being heard?

Member (Account Deleted)   02 December 2010 at 15:35

review application

after an order of CAT had been challenged before high court and lost it.
Can we still file a review application before CAT for consideration of the points not decided by it in the earlier order?

P. Jaiyalakshmi   02 December 2010 at 15:22

MV Act

What are the circumstances under which the Insurance Company be exnorated from total liabilty if the driver of the vehicle had no licence ? Any latest citations of Supreme court of India?

Member (Account Deleted)   02 December 2010 at 14:53

listing of SLP

how much time does a SLP take to be listed before court?

Can we mention urgency before registrar of supreme court?

Can we file an applcation for urgent listing also ?