LIVE Online Course on Indian Constitution by Dr. Ravishankar Mor. Register Now!!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

valentine thakkar   03 January 2014 at 20:00

Macp

The claimant died two months after passing the Order from the Court. His banks details conveyed to the concerned authorities for payment of compensation. The only nomination mentioned in the bank account is of his adult son. Cheuqe not deposited yet, but is likely to be deposited in the name of the deceased claimant. The Court has become functus officio. Please convey what implication such a situation would make.

continue
valentine thakkar   14 November 2013 at 23:52

Dismiss for default

MACP was dismissed for non-appearance of parties. The busy adv. had too many cases to handle n could not appear on dates. The poor applicant approached me. The case was dismissed on 11-5-12. How to reopen it. I have no details of the reasons for default. I have original petition and other papers. Pl advise.

continue
Amit   23 March 2013 at 05:34

No compliance of marital obligations as a reason for divorce

I am a 30 years old man married for 3 years and having a daughter from my marriage. My wife never cared about marital obligations and we have lived a sex starved life since we got married.

We do not have any physical contact from last one year in spite of living under same roof.

Is this appropriate reason for a separation?

If yes, How and where should I apply for the divorce in bangalore(session or high court)?

continue
pendkar narsing rao   18 September 2012 at 19:09

MV ACT

Owner of vehicle not made party,whether claim is maintainable under sec-163A of mv act

continue
valentine thakkar   11 September 2012 at 14:36

Macp

In a motor accident, the Police filed FIR and Court issued summons to the driver in a criminal case, but did not seize the vehicle nor surety was taken in respect of the offending vehicle. The Surety of the driver was contacted, but he said the driver had left the border of Gujarat and had run away to UP. No whereabouts. Two warrants returned unserved.

In the compensation case U/Ss 140 and 166 MVA, the borrower of the vehicle was joined as party U/O 1 R 6 and 7. However, the registered owner is absconding and address not traceable and hence summons could not be served.

In the criminal case, can the advocate ask the JMFC to issue orders U/Ss 451 & 452 CRPC to the police to seize the offending vehicle which is still plying in the city with a new registered owner? The trial in the CC is not started yet.

continue
valentine thakkar   07 September 2012 at 20:49

Amendment

The wife gave amendment application U/O 6 R 17 for amendment in the Plaint. After six months' debate amendment was allowed with cost. The amendment, however, was allowed after 3/4 months and during the intervening time whenever date was fixed, the wife's advocate attended the court and inquired about the amendment. When he was absent and could not come thinking it might take further time, amendment order was passed. 14 days had passed and the advocate gave application for extension which was granted. The applicant paid the cost and made the amendment. However, the opponent adv. quoted R 18 and asked for expunge/revocation/ cancellation of the amendment. What could be the decision of the court?

continue
Arvind Singh Chauhan   29 August 2012 at 22:51

Please seniors tell me the next procedure

Sir in civil suit defendant was found guilty of contempt court's interim stay order. Defendant was ordered not to construct house till the next date of hearing. Defendant carried on. It was also admitted by him in the proceeding of contempt.

Now what step the plaintiff has to take. Please tell me and please refer the concerned provisions also.

continue
umesh kumar singh   12 August 2012 at 20:47

Recovery of advocate fees from client

Dear Sir
Iam an advocate practicing at Jamshedpur Civil Court in one of the case relating to section 138 of NI Act I have reprented in favour of Accused and an verbal agreement was made with him in presence my junior adovocate and my office satff that they will pay a fixed amount if case will disposed in his favour but after disposal of his case in his favour I wanted take his signature on Bill copy He denied asssure that He will pay admitted amount very soon but more than 20 days laps He di not turn up

Kimdly suggest what remedy I shuld legal take for recovery of bill amount

Your Truly

Umesh Kumar Singh
Advocate
Jmashedpur

continue
Bhawani Mahapatra   25 July 2012 at 12:23

Mact or wc

Dear Experts,
Please advice on the following issue:
If a driver dies in road accident during his course of employment, is there any bar for his dependants to approach both MACT & WC forum. If yes, then which one is advisable.
N:B- Deceased is a private turck driver.

continue
Anil Pawar   11 July 2012 at 13:54

Gratuity

Sir,
i was in service in one company from jan 06 to aug 11,
the company had given me appointment letter on the name of its sister compnay who is the dealer for compnay products.

the appointment letter doesnot say about PF/& Gratuity eligibility,However company is paying pf of other employee
i was not getting PF

NOw I have the experience certificate of teh company for my service period,
so i wish to apply for gratuity, can i do it

secondly, the company was giving me full payment without any break up of salary like basic/hra/da/etc for 4-1/2 year, but for the last 6 months befor my leaving they made basic and da very low, so which amount i should apply for claming gratuity

thirdly is there any gratuity application form or we have apply on plain paper

pls advice me

thanks

continue


Post a Suggestion for LCI Team
Post a Legal Query