Anonymous
19 October 2010 at 01:07
I was working in 'reputed' company in India. I was deputed overseas to work on company's project. As per company policy I was supposed to stay with company till the end of the project after returning from Overseas. they never mentioned any date for the end of project in policy but informed us through email. Also they changed that date for atleast 2 times later (after I left the company).But I left company few days after returning from overseas without informing them. I joined overseas company. Now company has filed a civil suite against me asking for money they have spent on my accommodation and other expenses during my overseas trip. Please note that there was no mention of money in the policy initially. They added the amount halfway through the project. The amount they are asking is overwhelming and I can't pay. They have also included injunction clause restricting me working with any company in Similar Field. I was never trained overseas. I just did the same work as I was doing in India.
Since I am overseas, I am thinking of not attending the civil suite. I understand that in that case the judgement will be given in company's favour. Now my question is if I am overseas, does that judgement affect me in any case? Does they ask for deportation from my present country? Can they issue arrest warrant or something like that for recovery of money. Please note I have few propety in India but not enough for the amount they are claiming. What will be the affect of injunction in case I decide to go back to india after few years? Can they restrict my movement/seiz passport if i go to India? Can they ask my present employer overseas to remove me from work? I am very worried about this case. Can you please give me the guidance?
Thanks.
Adv. Deepak
19 October 2010 at 00:07
A had kept Rs. 5 lacs in postal MIS Scheme in the joint name with his daughter-in-law B. A died in an accident. B being the survivor account holder withdrew all the amount and postal authorities made payment to her saying that when survivor account holder B is alive, then question of legal heirs of A does not arise. Widow of A, her son-husband of B, her daughter, filed recovery suit against A claiming the said amount and sought declaration that they being legal heirs of A are entitled to get that amount. They also sought declaration that holding of that amount by B be declared as illegal. What is the fate of legal heirs of A, when A died intestate and the joint account holder B has withdrawn the entire money? Will legal helrs of A succeed in the recovery suit as against B? What are the legal rights of heirs of A and that of B as far as Section 6 and Section 14 of Hindu Succession Act are concerned? Experts are requested to kindly give their valuable advice. Regards.
Member (Account Deleted)
18 October 2010 at 21:35
sir,
i want to know when and inter se for which relations a person, legal or otherwise, can claim a rendition of accounts ?
gopal dutt vyas
18 October 2010 at 16:50
a person dies without revoking the power of attorney given to some one. can the holder of power of attorney continue his duties ?
Anonymous
18 October 2010 at 15:38
i'm appearing on behalf of defendant.... i want to file application under order 7 rule 11 of the civil procedure code..... is it mandatory to file the written statement first in the suit prior to the filing application under order 7 rule 11.. or i can file the application under order 7 rule 11 even without filing of written statement in the said suit...????
Anonymous
18 October 2010 at 15:03
Respected Sirs,
My tenant is in occupation as tenant of my house since the past 10 years.
My neighbours and well wishers say that my tenant may claim ownership rights if he has any bad intentions of doing so or if instigated by others.
WHAT IS THE MAXIMUM PERIOD OF PERSISTING TENANCY THAT A TENANT CAN LEGALLY CLAIM OWNERSHIP RIGHTS!
Pl give me your opinion so that i can proceed wisely.
Thanks Learned Sirs.
Anonymous
18 October 2010 at 14:55
Dear Sir, Madam
My tenant has filed a vexatious suit for injunction. All the evidences and cross exam deposition proved futile as he stated contrary to what he claimed in the petition.
Tenant has not paid the rent from 2 and half years till now.He has to give me 3lacks.
Now what is the procedure to vacate the House, What is the procedure?
How to recover the rents. He is a Govt servant. He has illegally registered my house with the govt and using it for commercial purposes since 2006.
Can i claim commercial rents?
If I file for eviction and the grounds are more and genuine what is the minimum time by which i can get a decree for evicting my tenant.
Pl suggest the right way and options.
Thanks Sirs.
RANGANATH
18 October 2010 at 14:21
Dear Sir, Madam
I have filed a eviction suit to vacate tenant shop 5 years back. Tenant has not paid the rent from 6 years till now.He has to give me 5 lacks.
Judgement has come, it says that tenant has to vacate the shop within 3 months and he has to pay the rent within 3 months.
1> Now what is the procedure to vacate the shop, How the court will support me
2> How to recover the rent
3> What is the fees Tenant has to pay if at all they want appeal to the HIGH COURT 5 lacks.
ADV.MRS.SAILI S. SHEVDE
18 October 2010 at 13:58
If the person sold the ancestral property without confirmation from his sons and daughters and wife.
And then if executes a Decalration that :
he has taken care of all the family members and has given / shall give the family members their rights from the sale price.
And further agrees to indemnify the Purchaser from the demands of the family members.
Will this suffice instead of obtaining the Confirmation Deed from the family members.
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What next?
Suit for recovery of money.
Suit decreed with costs.
Plaintiff filed EP after calculating interest.
Appeal filed by defendant.
Stay on condition to deposit 50% of decree amount. Time for deposit 2 months. No stay as to costs.
Executing Court not reading full judgment now adjourned the matter after two months stating stayed by appellate court.
What is the remedy for the plaintiff?