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varindersingh   11 February 2015 at 13:10

Process to get permission to meet child

My case for judicial separation is in process in the district court. my wife doesnot allow me to meet my daughter from last 6 months due to conflicts between us. what i have to do so that i can get permission to meet my daughter

ashok   11 February 2015 at 09:36

2months emi notpaid,what is the procedure

I took 2 loans from HDFC.one is 300000for 36 months,EMI dateis 7th of every month,6 EMI paid,2nd one 84000 for 36 months.,EMI date 4th of every month.,paid 3months EMI.
In January 2015 months 2 EMI`s are bounced.Within 10 days I got call from customer care.They harassed a lot.I told them I will before next EMI`s date(Feb month).She was not accepted harassed a lot,she told 28th last date,I told her I will try for that date.My salary not credited,suddenly lost job& they told feb 20th they will credit my salary.I told to HDFC bank FEB 4th actual date.I missed that date.daily they are calling harassing.,Finally decided to keep my mobile and laptop some where for amount.Jan 4th and 7th 2 EMI`s are bounced,Amount was10696+2999+penalty.Again Feb 4th bounced again 2999+penalty.total amount = 10696+2999+2999+penalty.But they harassed lot for next EMI amount 10696 also on 6th FEB,Next emi date was feb 7th.I planned to pay except 10696 emi total amount arranged remaining amount to pay 7th feb at 1pm.remaining amount planned on 20th(My salary will get credit). But they harassed on 6th feb for total 4 EMI`s.They told to me ashamed ,not genuine customer,wat kind of person you are?,defaulter and she was calling so many time to my parents(He was not signed on agreement and he dont know hindi and English and they were speaking English and Hindi only)...Bcz of this harassment Iforgot to pay amount frustrated and ego hurted.I told her I have 20000 and waiting for remaining amount like that.I told her 7th date,I miised that date because shwants total amount,4 days back they we aresending persons to your home you should pay to them like that.My parents don`t know about the loan,I was in hyderabad(Actually I took loan in MUMBAI(My native Nellore)) on that time,I missed 4 interviews I came to home,On 10th unknown people came to my home,My mother thought HDFC person`s and she was scared and got little bit heart stroke and she slept.After 2hours I came to home and asked her what happened?. She was scaring fully.My question is I will repay total loan within 1month,What about this harassment and I wan file a case on them.Is this possible? My ego hurts fully,main problem parents harassment and Ididn`t crossed that much time limit and upto now I paid regularly..I want to do something on them.11th or 12th I willpay toal EMI`sbut I need justice.

bijayde   10 February 2015 at 18:05

Cancellation of gift deed

My Grand Mother Expired 10 Years Ago. As Per Wares Certificate The Land Is Divided Into Three Portions And Mutation is Also prepared Separately But Deviation Deed is not prepared.Now One Of The Three Person Again Gifted His Land To An Another Person And Mutation Is Also Prepared.

My Question Is How To Cancel The Gift Deed If The Gifted Person Is Desired To Cancel ?

The Saint   10 February 2015 at 16:24

Divorce suit

Sir, i have two separate queries. Husband had filed divorce and then wife filed 498a on husband. as the 498a trial was in progress, husband did not appear in the divorce proceedings.Court gave few dates and finally showcaused husband.
1)can husband reply in showcause that 498a trial was in progress so he can not attend the divorce proceedings.
2)can husband amend the divorce suit to include 498a as additional ground for cruelty?
please suggest

Deepak Parmar   10 February 2015 at 15:54

Ordinary citizen as per people representation act 1950

I staying in Mumbai since my Birth, as have got ancestors property in Gujarat, since 1999, as I have all mu Documents in Mumbai Ration Card, Election Card, Pan Card & have done School & College from Mumbai. As I have applied for Loan (Kisan Credit Card), few Months Backs, The Banks in Gujarat asked me Ration Card & Election Card, when I gave them of Mumbai they didnt took & they request me to submit the Residential & ID Proof of Gujarat only, So I transferred my Ration Card & Election Card from Mumbai to Gujarat.
As I am still staying & working in Mumbai, I have learned from one of my friend that as I am working here I am Ordinary Citizen of Mumbai as per People's Representation Act 1950, even If I have cancelled my Voter ID from Mumbai & Shifted to Gujarat,

Can any One Guide me on this of which State I am Ordinary Citizen, I was also applying for Change of Address in my UID Card (Aadhar) from Mumbai to Gujarat, as Banks are asking me the AADHAR Card for Subsidiary against my Loan Interest as the Loan is against Agricultural Land.

Regards
Deepak Parmar

Alok   10 February 2015 at 11:37

Civil suit for excess recovery by employer

Hello Experts,

I need urgent attention to below given matter.

I left an Pvt Company registered in Delhi and office in Noida where they agreed to relieve me by mentioning INR 1,08,000 /- (Short Notice period money + Training Bonds amount ), signed by me and I have handed over cheques to them for the same amount as per details mentioned in short notice period recovery notice. No break-up of liability was mentioned in due letter and only sum was there.

I was chasing this company to seek my Exp, NOC letters etc but didn’t get any response over phone call for next 11 days after cheques hand over ( handed over on 14th Sep 2007) and during one call made to HR to ask for letters required by next employer including break-up of liability, I got to know that they are preparing to send legal notice to me. As they were not issuing any break-up of how this much needed then I decided to stop cheque payments and notified HR person by email and call.

Below given is the email which was sent by me to inform about cheque payment stop:


***********************************************************
Hi , ,
I have observed that the declared amount by you to be paid against short notice period is high. The amount to be paid should be less than the conveyed amount.

I request you to send me the letter for the final amount to be paid with break up. For the mean time please don't deposit the handed over cheque to for the amount INR 54,000 /- dated 15 Sep 2007 and INR 54,000 /- dated 20 Sep 2007. Please confirm that do I need to pay the full month salary or only basic salary for the short noice period.
I have requested my bank to stop these cheque payment.
After getting final amount letter to be paid from , I will hand over fresh cheuqe for the amount to be conveyed. The cheque is only stopped because of discrepancy in sum of the payment to be made by me to as per the letter issued by you.

Regards
********************************************************

After few months, I received a legal notice from this company asking INR 5,00,000 for loss in project and replied from my side mentioning same amount to be payable for my mental stress and suffer caused in absence of requested exp and NOC letters due to them.

After few months ( ~1 year) of last working day with this company, I received court Civil suit copy where they asked for INR 14,00,000 for “Short Notice period money + Training Bonds amount + Project loss which was participated by me” but Employment agreement only says for 2 months notice period and no clause to share/bear project profit/loss.

I would like to get experts view on this considering Due letter signed for INR 1,08,000 /- , cheques handed over but no break-up was given stating leave balance etc..:

1. Can employer ask for higher amount than INR 1,08,000 stated in due letter as they didn’t give me break-up. Delhi Shops and Establishment act says Employer needs to settle balance Annual Leaves in employee account during employee’s exit but they didn’t consider this?
2. Can employer ask for full Bond amount even if Employee has served some period for that bond. I saw few rulings by HC and SC asking to consider training bonds on prorate basis by considering served period out of total period?
3. Can ignorance of law when due letter was signed takes over any law/policy. In my case if I signed letter to give INR 1,08,000 /- when was not aware about Leave settlement and Training Bond rulings then it cant be considered now and base is only INR 1,08,000 to talk further?
4. Does court considers mental suffer of defendant party on such matters where contract or conditions are always put in favor to employer and employee has to sign considering circumstances?


Thanks a lot in advance.

subhrendu bhattacharya   09 February 2015 at 23:23

Validity of degree

cmj university ugc recognized university, i passed b.tech from that university in the year 2012, but suddenly governor declared that recall all degree after three years(since my course was 3 years for lateral entry students).the case also started by university and lastly went to supreme court, sc handed over the case to govt of meghalya and also advised them to take a hearing sympethitically of that students whos degree declare invalid, but after taking hearing govt issued a individual letter to all student mentioning " your degree can't be validate" at now some student lodged case against that. my question is" IS MY DEGREE VALID? i also request you please advise me what to do now?

tagoretiwari   09 February 2015 at 16:45

How many times court can adjourn the case for want of plaintiff evidence.

court is adjourning a civil case related to property for want of plaintiff evidence.
how many times court can adjourn under cpc rules. i intend to advise my lawyer to move application for dismissal of the case.
In case may lawyer not interest to move then what is the available recourse to me.

N.J. MISHRA   09 February 2015 at 15:21

Need advocate in mangalore for consumer case

Dear Members need assistance from your end;
Actually i want an advocate to represent our case in District Forum, Mangalore, request you all to provide good references.

swathi   09 February 2015 at 15:16

Winding up

the defendant did not appear even after giving 3 notices by the court and paper publication. winding up order passed on merits of the case. can it be set aside by way of order 9 rule 13 or by way of appeal.

i want citation for both the ways for setting aside order.