pratik
10 June 2010 at 19:56
Is It necessary that will should be made only for self acquired property & if the property of the fore-fathers (Ancestral)property than will can't be made. Any case laws or as per which section , act, code, order or law the aovementioned says.
Because of the experts form this forum says that will is made only for self acquired property "ONLY".
Thanking u all experts in advance.
Chandrasekar
10 June 2010 at 14:32
Dear Sir ,
I was employed in an Pvt Ltd company ,one man show " The Chairman " who decides on all aspects .
This company follows no leave policy which are basis rights of employees .
Company claims that the dept i worked is in loss ,hence pay cut ,dismissal and forced transfers are in process .
My subordinate was sacked in just a day with two months salary with out any notification to self or to him .
I voiced for such act of management questioning such act and requested for compensation of 1 year salary instead of one & 2 months salary that the company is thrusting on employees on a case to case basis.
The company is a group company,they have given out increments to other departments , they continued to buy luxury cars and so on .
For having raised above issue vide email , the management sacked me too instantly and pushed me out of office with just one month salary .
I requested the management to give me one year salary and also held them liable for my loss of gratuity as a result of such forced dismissal .My service in this organization as a confirmed employee as manager is 3 years and 8 months , Unable to complete the 5 year term due to forced dismissal by the company depriving me of my gratuity .
They did not give any letter of dismissal in writing , the only proof is the email that i send from the office id to the management in copy to my personal email id .
I checked with lawyer .since i was a manager , i cant approach Labor court ,instead i will have to file a civil case for compensation .
Please advice if above is true and feasibility of winning if i proceed legally with a civil suite which involves court fee and lawyers fee with would be a huge amount .
Tks & Rgds / S.Chandrasekar
mansoor
10 June 2010 at 13:11
There is an electricity pole in our compound thereby causing the danger of electrocution. i approached concerned department to shift the pole to other place but they are reluctant. how can i make them shift the same before any untoward incident happens. please advise
manish sharma
10 June 2010 at 12:44
Sir,
One of my friends has got married two times first on 1st December 2002 and 19th January 2008. He is a Central Government Servant.
The Exception to Section 494 of Indian Penal Code is that "This Section does not extend to any person if such husband or wife, at the time of the subsequet marriage, shall have been continually absent from such person for the space of seven years.
Please advise me the following at your earliest convenience:
(i) Whether his first wife can file an appeal against his second marriage in spite of the fact that a period of eight years have passed since his first marriage and they were not on living terms since 31st December 2002?
(ii) Whether my friend is safe as per the exception to this section or he has to go to jail or terminated from the Government Service for his second marriage?
(iii) There is no other document to exist, except the entry of details of his second wife as family member in his Service Book Records maintained in office. Whether entry in a Service Book or holding of CGHS Medical Card by his second wife is a valid document to prove his second marriage?
Regards,
manish sharma
10 June 2010 at 12:42
Sir,
One of my friends has got married two times first on 1st December 2002 and 19th January 2008. He is a Central Government Servant.
The Exception to Section 494 of Indian Penal Code is that "This Section does not extend to any person if such husband or wife, at the time of the subsequet marriage, shall have been continually absent from such person for the space of seven years.
Please advise me the following at your earliest convenience:
(i) Whether his first wife can file an appeal against his second marriage in spite of the fact that a period of eight years have passed since his first marriage and they were not on living terms since 31st December 2002?
(ii) Whether my friend is safe as per the exception to this section or he has to go to jail or terminated from the Government Service for his second marriage?
(ii) There is no other document to exist, except the entry of details of his second wife as family member in his Service Book Records maintained in office. Whether entry in a Service Book or holding of CGHS Medical Card by his second wife is a valid document to prove his second marriage?
Regards,
manish sharma
10 June 2010 at 12:37
Sir,
One of my friends has got married two times first on 1st December 2002 and 19th January 2008. He is a Central Government Servant.
The Exception to Section 494 of Indian Penal Code is that "This Section does not extend to any person if such husband or wife, at the time of the subsequet marriage, shall have been continually absent from such person for the space of seven years.
Please advise me the following at your earliest convenience:
(i) Whether his first wife can file an appeal against his second marriage in spite of the fact that a period of eight years have passed since his first marriage and they were not on living terms since 31st December 2002. Whether my friend is safe as per the exception to this section?
(ii) There is no other document to exist, except the entry of details of his second wife as family member in his Service Book Records maintained in office. Whether this is a valid document to prove his second marriage?
Regards,
manish sharma
10 June 2010 at 10:44
Sir, One of my friends, who is a Central Government Employee got married on 1st December 2002 as per Hindu Rites. His wife is also a Central Government Servant. Due to unavoidable circumstances, they could not stay with each other and decided to separate. They have also signed an agreement, duly verified by four/ five of their relatives, to live separate and also decided that they have no objection on the remarriage of any one of them. But, the same is not submitted in the Honb'le Court of Law. Since then, both of them were not on living terms. A period of five years had passed, he was not known about the whereabouts of his first wife. Thereafter, my friend's wife met with an accident on 12th August 2007. As there is no one to look after and being the only member in the family, my friend got married to another woman on 19th January 2008 explaining all facts of earlier marriage to the second woman. The second woman has no objection on his first marriage. Now, my queries are as follows:
(i) Whether his second marriage is legal as per the Hindu Marriage Act?
(ii) Whether his first wife can file an appeal against his second marriage, in spite of the fact that a period of eight years have passed since his first marriage?
(iii) Whether there is any effect of his second marriage on his Government Service?
(iv) Whether he should live peacefully with his second wife if his first wife has no objection to it?
(v) What action is he required to take to prevent his Government Service?
I shall be highly obliged if the above clarifications would be sent to me at the earleist convenience.
Regards,
Manish Sharma
Anonymous
10 June 2010 at 10:31
Hello,
I am looking to start a pre-primary and primary school. I would like to know the procedures and norms for forming the governing council of the school. Specifically,
1. How many members are required to form the governing council?
2. Can Family members like husband, son, mother-in-law and daughter-in-law become members of the governing council.
3. Is it necessary for members fo the governing council to draw income from the school or are they eligible for perks?
Thank you,
Shefali Shenoy
shantanu dekhane
10 June 2010 at 09:28
Once PIL Petition is filed and order has been passed on the same issue can again on the same question PIL petition can be filed for the enforcement purpose, whether it amounts to be Res Judicata ?
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specific performance
My client had entered into an agreement to sell on 17-11-08 as a purchaser of some land for total consideration of Rs. 7,10,000/- and he paid Rs 4 lac as earnest money and the date of execution of sale was fixed 2-3-08. My client got marked his attandence in the office of sub registrar but the seller did not come. Now I have filed suit for possession by way of specific performance and in the alternative for recovery of Rs. 8 lac as double the earnest money.
Now My client wants to recover the earnest money as the value of property has been reduced.
But now the other party appear in the court and without filing written statement, they filed an application in the court to execute the agreement as they are ready to execute the sale deed. they also make statement in the court in this behalf.
I object this and i asked the court orally that My client is also ready to get the sale deed executed in his favour but the defendant should pay compensation to my client as he got the benefits of the suit property and also got benefits of earnest money. But as I have not demanded compensation in the plaint, the counsel for defendant raised this point.I got adjournment for reply to application filed by them.
I know I can amend the plaint and demand compensation as there is provision in section 21 of specific relief Act to amend the plaint for compensation.
But the question is should i amend the prayer clause only or I should amend the whole plaint.
The other question is whether i can compel the court to give damages to my client otherwise I give up the claim of specific relief and to grant alternative suit of recovery.
And if i give up the claim of specific relief, is there any chance of dismissing of my suit.
How can i got back the earnest money without got specific relief?
Plz give suggestions and law points.