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PRAKASHCHANDRA MARU   27 August 2009 at 00:11

stages of case in the highcourt

hello all learned experts
i would like to know the stages of the cases of highcourt like civil appeal from order,civil appeal from stamp number,civil application sca &sca br civil application stamp number,civil revision application,civil revision application stamp number,cross objection,caveat,first appeal,misc.contempt application,second appeal,special civil application

Biplab Swain   26 August 2009 at 23:38

Emails & Jurisdiction

I have a jurisdiction hearing in Orissa HC on 01/09/2009.

Pls. Consider this Scenario:

A company has its HO at Delhi and Employs employees there. However, in the age of Internet, asks the Staff to work from Home at Orissa during his leave. Now there are trails of Email suggesting that the employee was doing office job during his leave at Orissa. Moreover, the staff also works remotely (From Delhi/Orissa/Mumbai as the case maybe) in Germany, UK & USA.

Now the question is in cases of Labour disputes:
1. What would be the Jurisdiction for the Job done during the Stay at Orissa.
2. Does the law accept Email/Internet as valid mode of communications(I recall that somebody during a seminar of Data safety did hint at the same through some ammendments in 2000)
3. We can prove the geographical origin of emails but will the suffice to fight for jurisdiction, when presented with circumstancial evidences?

Adinath@Avinash Patil   26 August 2009 at 22:12

Interium &Interlocatory order

Is all interium order are interlocatory order?

saket sagar   26 August 2009 at 17:45

benami transaction and its validity on law of contract.

sir,i want to know that how i can go through on this topic 'benami transaction and its validity in law of contract'.please mail me the full details of it on sagar.sak15@gmail.com.please also tell some cases on this topic.if you have full material please gude me on this topic.
thank you

shivraj   25 August 2009 at 21:29

Remanded matter

The matter has been remanded if any defendant in the original suit is not a necessary party at all then on this stage can we ask to delete him? What is the procedure if we want to delete him from the suit when it is remanded?

poonam mathur   25 August 2009 at 18:29

C.P.C

WHETHER OBJECTIONS REGARDING IMPROPER SERVICE CAN BE RAISED BEFORE FIRST APPELLATE COURT IN THE APPEAL UNDER SECTION 96(2) OF C.P.C AGAINST EXPARTE DECREE
IF YES THEN UNDER WHAT CIRCUMSTANCES

poonam mathur   25 August 2009 at 18:26

C.P.C

WHETHER OBJECTIONS REGARDING IMPROPER SERVICE CAN BE RAISED BEFORE FIRST APPELLATE COURT IN THE APPEAL UNDER SECTION 96(2) OF C.P.C AGAINST EXPARTE DECREE
IF YES THEN UNDER WHAT CIRCUMSTANCES

shibunabeel   25 August 2009 at 10:31

consumer

is it mandatory to give notice u/s 80,CPC,to B.S.N.L. before filing a case in consumer court.

neelakshi   24 August 2009 at 15:12

atm card

can the nominee operate/use the atm debit card after the death of a single savings account holder.

sanjeev   24 August 2009 at 12:19

need in an advice

Dear sir/madam,
we are from a family which is ruined by our blood relatives, pls do some advice us in the below mentioned case,

My Grandpa bought 12 beeghas agricultural land in lavaan tehsil, dausa distt, rajasthan 50 years ago (in 1965 approx) with his Elder brother as 1/2 share of both, after purchasing he died and my grandfather's elder brother through out my grandma, my father(4yrs), my buaji(1yr).

My grandma came to his mother in the same distt. and tried to her best by struggling to feed my father & buaji.

In the year 2000 my grandma with my father and me, again went to my grandpa's elder brother and demanded our 1/2 share in the land purchased by my grandpa & him.

But they played again a game with us,
they purchased 4 beeghas land separately in which my grandpa do not have any share,

they made an agreement on a Rs.100 stamp Paper with us that:-
1. we should make both the land 12
beeghas 4 beeghas in the ratio
1/3:1/3:1/3 as my grandpa's elder
brother has two sons and my father is
one of my grandpa.
and
2. we have to pay them Rs.80000/- for the
land purchased by them separately as it
is costlier than the land purchased by
my grandpa.

In last year we knew that the 4 beeghas land purchased by them was not registered in their name (as it is in the name of an ST person) and the actual owner captured the land again this year. we are trying to convince them that -
1. they have to register the 1/3 share of
4 beeghas in our name or
2. leave our 1/2 share in old land(12
beeghas)and return our Rs. 80000/-
otherwise we will suit in the court.

it is very surprising that in place of being agree on any above two conditions they filed civil case without informing against us in the distt court to claim 1/3:1/3:1/3 share in the old land which is bought by my grandpa and his elder brother in the 1/2 share, and they also saying that they are not able to pay Rs. 80000.
they filed case on the basis of Rs. 100 stamp paper and kabja of land in the ratio 1/3:1/3:1/3.

Please advice us what should we do now.
we are in a very confusing situation as we went to a lawyer in the distt court he suggest us to capture our 1/2 share in place of 1/3 by any means only then we can win the case or can get our Rs. 80000.

I will be very oblidged to you.

currently we are leaving in south delhi.
Faithful,
Sanjeev Kumar Aneejwal (Bairwa)
09717304804
sngv210@gmail.com