Anonymous
31 July 2010 at 17:32
Sir
Employer is not receiving the resignation letter nor he is ready to releive. They have a service bond completely in his favour that employee will serve company at least five years otherwise employee would liable to pay damages to company.
If I'll leave the company without informing or giving resignation it may possible that they'll lodge a false complaint against me. How can I save my self.
Anonymous
31 July 2010 at 13:51
Sir,
I filed appeal for partition suit in the High Court and Hon'ble High Court was pleased to pass partition of the suit along with past and future mesne profit in my favour and directed to approach trial court for Final decree. Under what section cpc I should file to claim partition and Mesne profit for my share of the property. Whether mesne profit and partition of property is decided together or separately in the court. What is the criteria ? How is it decided from which date the mesne profits are calculated (Whether from the date of filing of suit or occupying the land/house). If I do not receive mesne profit as ordered by the decree in that case What steps I should take for claiming my mesne profit. For partition of suit what are the functions of advocate Commission for partition.
I will be grateful for your kind advise and suggestions.
Thanking you,
Yours faithfully,
M.S.N.
pratik
31 July 2010 at 12:43
1)I have heard that a writ can be filed when the appeal is not perferable or the person cant appeal in any law so if he what to go furhter he can file a writ in high court. also i have heard that when a question of nature justice comes than a writ is ONLY maintianable & not appeal.
As per the below findings
A WRIT PETITION can be filed to the Supreme Court, challenging the fact finding process adopted by ITAT. If the Supreme Court is satisfied that the Fact Finding process is not proper, then the Order of ITAT shall be quashed and a direction shall be issued by the Supreme Court to the ITAT to do the Fact Finding in a proper manner and /or as per the direction.
It can come to now that if the appeal is notmaintainable in law than writ petition is allowed.
So tell me when the person can file a writ petition. So were it has been defined or any case laws.
2)Which one is better one whether to file a PIL or SLP which one is more advantages & disadvanatges also when can a SLP & PIL can be filed. CIRUMSTANCES & PROCESS TO FOLLOW.
Thanks In Advance.
Sangeeth
31 July 2010 at 12:17
The witness to the suit document is the staff of the plaintiff concern. The defense case is that the signature of the guarantor has been forged. The same has been send to the hand writing expert for verification and the result is yet to arrive. The plaintiff has authorized the witness to file the complaint and depose for him as the plaintiff. Is there any irregularity?
Sangeeth
31 July 2010 at 11:42
What is the evidentiary value if the witness to the suit document swear in for and on behalf of the plaintiff or rather as the plaintiff?
khurshied hakim
31 July 2010 at 09:21
Dear Sirs,
Five co-owners from our family had collectively pooled in money in a joint account of a bank, to appoint a lawyer to represent on our behalf till the last pleading of the suit for Rs.35,000=00.
The contract was in black and white with all five signing on the lawyers letterhead, the original copy of which is with us.
Midway due to difference of opinion we split 3:2. The lawyer opted to represent the other three. When the two of us appointed another lawyer with the permission of the sitting judge, this lawyer asked for Rs.40,000 from the two of us, as settlement against fees for attending couple of dates, i.e., Rs.20,000=00 each, instead of Rs.7000=00 each as per the earlier ratio in the contract when all the five were together.
Earlier the lawyer was paid Rs.10,000=00 as token, where our contribution in the token amount was Rs.4000=00 i.e., Rs.2000=00 each. This the lawyer refused to acknowledge and said that it would be adjusted with the fees of the other three.
The lawyer refused to grant the NOC if we did not coughed up the demanded amount. We had no choice but to pay up and take the NOC in return. We were also forced to sign three blank cheques without date and amount, of the joint account we had, drawn on the lawyer’s name.
We are very disapointed by the lawyer’s rude behavior and the funda of extracting extra money under coercion, evidently taking full advantage of the situation.
Please guide us for necessary legal action, which the two of us intend to take against the lawyer.Can we bring a stay on the lawyers SANAD till our case is settled.
Regards/Khurshied Hakim
pratik
31 July 2010 at 00:26
If any act or section says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in any section or act.
Eg: income tax act, 1961 if any Section xyz section says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in the transfer of property act. & & If the transfer of property act says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary under the income tax act, 1961 to the partly sections which are related to both than my question is which notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary should be followed. If possible any case laws or sections.
EG : if one section & the act says the property should not be attached notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in the transfer of poperty act & the opposite sides the section under the transfer of property act says that notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary the property should be attached than what to do which notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary should be applied.
Thanks In Advance.
pratik
31 July 2010 at 00:06
1)Article 17(2): No one shall be arbitrarily deprived of his property.
So if the indian consitution of india says the abve mentioned than while the other act or rules or code says that if the tax or any duities which is revenue as per the goverment whether state or central goverment. The house or land or any immovable property of the person who has not paid the dues is been attached & the than if the circumstanes arise the attached property are sold in auction WHY ?
2)As per the doctrine of pious obligation it has been said that the dues of the father after the amend act 2005 hind law the son or grant son or great grand son are not liable to pay the dues or no courts or law can pass the order to pay the father's dues than why the other act example income tax act, 1961 says that if the assessee dies than the dues of that assessee should be paid by the heir of the assessee WHY ?
Thanks In advance.
Anonymous
30 July 2010 at 19:10
Pl. advice if there can be more than one executioner for the WILL as we want to appoint both the daughters as executioner for our joint WILL. We have been told that couple can make a joint WILL.
Awaiting advice of experts in this critical matter.
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How to deal with corrupt Police & MM ?
My office room was broken in and goods worth Rs.80000/- were stolen by the members of the managing committee in January 02. Police deliberately delayed registration of FIR and it took me almost two years to get the FIR registered on 17/12/2003. Investigating officer did not hand over the possession of the room to me saying that I will have to get it through court. The filing of charge sheet was delayed further due to corrupt IO and the case was registered in MMs Court only in 2005. IO did not lodge the keys to the room and there is no mention of retaining of the possession of room and the keys in the MM’s Court.
In spite of having made two applications the MM did not take any interest saying he is not interested. I made a third application after consulting Ex. Justice DR Dhanuka who opined that the police / court had no authority to with hold possession of room after registration of FIR on my complained even if a civil dispute is pending in City Civil Court (I was made a party in this suit of 1998 about illegal rooms occupied by others, to pressurize me to withdraw FIR by way of Chamber Summon in spite of my having opposed this in the court). Even this 3rd application was turned down by the MM who was hand in glove with lawyers of accused persons.
I there fore moved Sessions Court and the Judge accepted my plea and asked the police to hand over room to me. As on date I have the possession of room and the civil suit is also dismissed in the City Civil Court. I lodged a complaint against the MM with High Court and I do not know if any action was taken on it. However a new MM has taken over and he is aware of my complaint against the previous MM and therefore highly biased.
In December 2009 one of the four accused person died and his death certificate was produced in the court. MM asked me as to if I know any thing in the matter to which I said that being a civilian I can not verify the facts about the dead accused person.
The MM then ordered to issue a Warrant and asked police to submit their report which is not yet submitted and on 30/7/10 MM again asked for issuing the Warrant in the matter and on my query retorted that even if takes 5 yrs. He can not proceed with the trial.
I feel matter is deliberately being delayed to harass me as I am 65 yrs. of age and have to fore go my salary due to frequent leaves for attending the court.
In view of this I have following queries for the experts to help me in the matter:
1) How can I make police to submit the report?
2) Can there be more than 1 Warrant as I feel the MM may not have issued any Warrant till last date i.e. 30/7/10 and just killing time.
3) Pl. suggest name of appropriate authority to lodge a complaint as at this rate and the way MM behaves he will dismiss the case due to arrangements with advocate of accused person.
4) The PP in the matter does not take any interest so whom do I approach for such attitude?
5) Will the Govt. appeal if the case is dismissed due to lacuna in laws? If no then what do I do?
Pl. spare your valued time and help.