Anonymous
29 April 2010 at 08:51
A partition suit is pending in the high court from the year 2000.
We are five brothers and none of us having good relationship with each other.
Iam the third amomg brothers.
My next brother is continuing giving leagal notice one or for other reasons from the year 2000.
I used to give proper reply for all those notices. So far he has not approached the court for any of the notices.
Every time I had to spent Rs 1000 or more
to reply him. It is very much annoying me.
Is there a way to stop this. Kindly advice me whether can I ignore the notices and wait for the court's proceedings if any that is started by him.
Iam 67 year old.
Kris
29 April 2010 at 06:36
Hi friends,
My query is that; Complainant has been handed over a cheque by a partnership firm in lieu of legal discharge of debt but failed to repay accordingly a notice was issued addressing two partners rep. by their partnership firm to pay the debt. The complaint has been filed before the magistrate and now one of the partner has come up with a plea that the cheque does not belong to him as he has not issued the same and he alleges that his other partner has a signature bearing on the cheque and it is a personal affair between the complainant and his other partner. However, the other partner (the person who issued the cheque)has not chosen to take the notice and summons are not being served as he is absconding and his address cannot be traced. Now at this juncture can a petition U/s.482 or any other relevant provision be filed by the complainant directing the court to order for paper publication on behalf of the other partner. As the cheque was issued to the complainant in the capacity of the partnership by misleading the complainant saying that the absconding partner is authorized signatory on behalf of the partnership affairs, but the fact remains that it is an individual bank account of the absconding partner and does not belong to the firm.
RAKESH TRIKHA
29 April 2010 at 06:33
MY self is working as lecturer in a Non govt. aided college. affiliated to GNDU Amritsar. In April 1988 College adopted to send the PF of all the employees to PF commissioner Amritsar( irrespective of their salary). Subsequently the EPF of another employee on joining the service was sent to PF commission in Dec 1988.( whose salary was much above the prescribed limit like other lecturers as mentioned above).
After that the Management stopped sending EPF of the other employees to PF Commission and started depositing PF in Saving Account of a Bank at an interest rate of 3.5% at their will .
please clarify
1. Can a management use TWO Different yard sticks with employees of same kind governed by same management/ same govt. rules. Both set of employees receiving grant from same source and having same set of service conditions. 1 set of employees PF with PF commissioner and another set PF is mismanaged and being deposited untimely at mere 3.5%
2. As per EPF law "once an establishment( here College)adopts to send EPF to PF commissioner it is mandatory to send PF of subsequently appointed employee to PF commissioner ( by taking option from employee)". Please guide me if this is correct or not.
3. Please suggest me the remedies we can take regarding this . The complaint is lying pending with PF Commissioner Amritsar( 15 lecturers filed the complaint).
It is important to mention here that when college agreed to send PF of all employees first time there were many "excluded employees" in term limit of pay. please guide can management suddenly make up their mind not to send PF of other employees without taking permission from any competent authorities .
4. Can same kind of employees( in terms of pay and service conditions) be treated differently in terms of EPF benefits.
5. Is the amount deposited in Bank in a Saving Bank account in the name of PF is eligible for Income Tax Rebate? Is the income Tax free in the event of complete withdrawal on retirement.
I will be highly obliged if experts guide me in this matter point wise
Thanking you all in anticipation
arun bansal
29 April 2010 at 00:40
where the def'dant objected stronglly by submitted written arguments and oral argument before the ADJ in app OVI r17 but the ADJ disposed the application by allowing the application of p'tiff.
later the def'dant found in order sheet that the order stated on joint request of allowing the appication the judge allow the same.
whether any action in civil law against such action of ADJ
Anonymous
28 April 2010 at 23:52
It is imcumbent upon the members to execute indemnity bond as soon as the committe is formed. Can all the members together execute one indemnity for the society to save society's expenses. Has any such matter referred before the Co-op Court or High Court. Can I receive some citation on this matter.
Thanks
Anonymous
28 April 2010 at 23:29
I am working for a company in Mumbai. If my predecessor who was looking after litigation under 138 has left the company half way during the cross, am I required as per law to be crossed from the beginning or continue from where my predecessor left.
Anonymous
28 April 2010 at 21:27
Pl urgently advice Sirs,
Tenant (Pet) has filed a IA petition to deposit rents in the court as the DD was returned by the defendant(owner).
Firstly, The DD was insufficient rent on the other hand it was sent on incorrect name thereby the bankers on tech grounds rejected to clear the same.The same DD was returned to the pet but the pet refused to receive the cover sent by RPAD.
Previously the DD even though insufficient was with drawn as the defendant is old 67 yrs. unemployed person and was depended entirely on the rent with no other source of income.To harass the owner, the tenant is not paying rents at all on the pretext of IA.
Since 1 year the tenant is not paying rent nor has deposited in court as the IA for depositing in court is still pending.
The defendant in beginning i.e., the first rent received by DD intimated the tenant by telegram to pay full rent, which the tenant failed to do so.
The def is penniless and is trying to find it hard to sustain. Is there any provision in CPC to direct the petitioner to immediately deposit the rents? pendig the IA filed?
and
is it sufficient that the def has informed in the initial stage to pay full rent and there by legally claim them. The pet has forged rental receipts to under value it by more than half the value.
In case forgery is proved can the def stand to claim rents as intimated by telegram?
Pl advice as matter is urgent.
sincerely
ganesh
28 April 2010 at 19:57
dear sir,
one of my friend has misused my landline number.he called a girl and though i apolozied to the girl she is threating to lodge a police complaint so how can i get rid of her and the incidence had happened 1 month before does the girl lodge a complaint after 1 month.is there any deadline to lodge a complaint after the crime has happened do let me now.
thanking you.
Anonymous
28 April 2010 at 19:21
I am a Catholic girl. I married in church on 24th may 2009, to a catholic boy in mangalore. This boy was involved in criminal activity in 2005 for which he was released on bail. At the time of proposal(through shaadi.com), he confided into me saying the aquittsl would take place soon. However, it does not seem to be. He is now evasive, and whenever i call his lawyer, their statements always differ. Over it all, ever since we got married, he has been financially insecure, and in my endevour to help him have been ill. my marriage is not registered in court. is it still considered legal? if he gets convicted, where do i stand? i have been ill-treated at his place and now he tells me that he does not want me back? What am i to do?
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defamation suit
I was acquitted from the cases filled under 323, and 506(2) on the ground that witnesses from the government side have turned against and hence there is no evidence to prove. (Could not convey the things correctly - sorry).
The case was filed against me under the influence of my brother and he was the one who gave the false complaint against me in the police. He was the number 1 witness in the case. In the open court he alleged that no such things happened and he had complained the police only because of suspicion that it may occur.
Can I lodge defamation suit against him. What are the other consequences which may pull me into trouble if I do file such suit? Thanking you. I am 67 year old.
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