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rajashekhar   23 March 2019 at 15:16

collecting admitted signatures

I as advocate of defendent challenged sale deed of plantiff as forged and got attesting witness examined through advocate commissioner in the house of witness. now can I file application under order 26 rule 10A for forensic examination of sale deed .can i collect specimen signatures of witness through same advocate commissioner by sending him to witnesses house .witness not interested to attend court give signatures .not interested to receive susummons and it was not good to get warrant for witnesss because he is helping us . plesae guide us how to collect specimen signatures of witness

Anonymous   23 March 2019 at 15:04

Non Repayment of Loan by Firm

A personal loan in my name was used by the firm in which i am 10% & my husband is 90% partner. Due to some dispute b/w us, the firm has stopped its repayment & i do not have access to the firm's bank account. The loan is also shown in the firm's balance sheets. What is the legal remedy?

Anonymous   23 March 2019 at 14:19

Payment of commission on termination

Can someone please help with the below scenario?

I am part of a software startup where my sales commissions are paid in 3 phases. A percentage on order booking, a percentage on invoicing and a larger percentage on realising the revenue. After order booking, we invoice our clients on a monthly basis for usage of software (SaaS). Offer letter doesn't mention the duration for which I am liable to receive commission and the order can run into years until terminated.

I have recently have recently resigned from the company after receiving the purchase order for a large value. The company has said I am only liable to receive the commission percentage on the booking of this order. The percentages on invoicing and revenue for this order and earlier orders will be forfeited is what they conveyed. There is no mention of this clause in the offer letter or company policies.

What does the law say about this? Do I have a legal stand here?

Thanks for the help.

BHUSHAN SHAH   23 March 2019 at 01:08

Internal transfer without any gift deed or registration

HI, My client purchased this flat in mumbai on April in the year 1977, in 1989 due to some reason he transferred the said flat in the name of his wife (gift deed is not made and no monetary transaction is done).
Only one application to transfer was given to society . Society have changed the share certificate in the name of his wife and nominated his son for the said flat. Now the question is - we have came to know that the internal transfer also attracts stamp duty. Is this so then at what rate, secondly is society right in transferring the flat in my clients wife name.. Do he needs to pay stamp duty & registration for the purchase in 1977 as it was not the rule in 1977, and if yes than at what rate with penalty on the purchase in 1977. Also recently we come to know that transfer of flat to relative does not need stamp duty or registration only executing transfer deed on Rs. 500/- stamp paper without paying stamp duty and registration fee would be enough. if this is so then Can my client do it in current date . Please guide us through Regards.

Anonymous   22 March 2019 at 22:20

Transmission of share in cooperative society

I am a co owner of flat purchased by my mother myself and my brother.now we three co own this flat in CHS located in Mumbai.my mother made gift deed of her 1/3 share in my name but before submitting the same to secretary of society
She died of heart attack.So in this case how should I approach society for transfer of her share in my name .6 months have passed since gift deed registered

Ashish   22 March 2019 at 19:08

Divorcing to wife

Dear Team,

I married on 30th April, 2012 and have one 5+ year old daughter. Our married life has got into lot of downs and finally I am made mind to end relation due to following reasons :

---- Gradually, wife has taken all jewellery items and other her belongings , and put all in her parents house.
----- Have got to know about Extra marital affair ( having recordings/messages ) but not having any proofs of meetings/photograph/video.
----- Few times physically torurered me ( but having no proofs )

She and daughter currently staying with her parents home since 1 month and there is no conversation as I am not willing to bring her back. Can you please help how strong my case could be for divorce and how to deal if she files false cases against me like Dowry / Domestive violence. Also, any chances if I could get custody of child ?

Please guide.

Thanks,



Anonymous   22 March 2019 at 16:20

Need legal opinion

Dear experts..

One of my friend used to talk to a married woman.she used to call him..but one day the husband of that lady heard the call recordings and conversations..Now the issue was the husband of that lady calling my friend and beating him and torturing him..he promised he never had physical relationship with her except phone calls.but he is not believing him..what can we do solve this issue and save the marriage and family..is there any legal ways as amicable settlement he is not accepting by husband. The Matter exposed in my friend family also..now his wife also showing cruelity..he was going in depression..how can I help him..

So I kindly request to please suggest ur advice..
thanks in advance

Anonymous   22 March 2019 at 15:13

Payment of interest on statutory retiral benefits

Superannuated in Feb. 2017 from Regional Office. Mumbai of CWC, Delhi. The statutory payments namely Contributory Provident Fund. Gratuity and Terminal leave benefits were delayed by the Corporation on the grounds that leave files pertaining to period 1989-92 were not traceable in their office.
On intervention of ALC the payments were released but after a gap of 4 to 7 months. ALC passed orders to pay interest @ 10% on gratuity for the period of delay, no relief was however considered /granted on delayed payment of CPF and TLB.
Appeal decided by Dy.Chief Labour Commissioner turned down the request for payment of interest @ of 18% in line with the orders of Hon`ble High Court/ CAT in many similar cases. Further no mention was made why the payment of interest not tenable for delayed payment of CPF and TLB.
What should be appropriate course for me to get justice.

Anonymous   22 March 2019 at 14:55

Witholding of rightful claims

Superannuated in Feb,2017 as AGM from CWC. File case before ALC Delhi for relaese of withhold amount Rs.58500 in the name of overstay in Government flat, the fact that it was an act of revange, the notice /order was issued on 14.3.2016 for recovery of dues with retrospective effect from 26.01/2016. The letter has many other infirmities like date 26.01.2016 is mentioned as 26.02.2016 stating that permission to stay in flat was granted upto that date.
All application even the orders of CIC were responded in a manner hiding that fact.
Second was the reimbursement of telephone/mobile charges. The deceptive policy imtepreted to deny rightful claims as if it was mendatory to purchase a new mobile with corporation money to get reimbursement of service/user charges.
Third was the non reimbursement of LTC claim: the reason cited was the ticket of air travel /entitled class from(Make my trip),other then authorized agent. The amount paid to IRCTC and State Road transport and even the base fare of Air India, JET Airways not reimbursed.
ALC refused to entertain the case, stating that his Jurisdiction is in the matter related to workmen and no for the officers/ supervisors. I had already exhausted all departmental / ministerial redressal channels.
What options do I have. Should I move to labour court or to Civil Court or to High Court.

aishwarya vucha   22 March 2019 at 10:48

no mention of interest in promisory note

sir my friend ritu took loan of rs 1 lakh from geeta but in promissory note it is mentioned that ritu shall repay back rs 1 lakh to geeta . SILENT ABOUT INTEREST and no mention of it . now geeta is claiming interest . her contention is there is no express mention that " no interest will be charged " in note so is it deemed that interest payable