anshul sangal
04 April 2010 at 07:20
Sir my question is if in a one suite there are more than one plaintiff and defendent as as party then is it essential for each plaintiff and defendent to file separate plaint and written statement
anshul sangal
04 April 2010 at 07:19
Sir my question is if in a one suite there are more than one plaintiff and defendent as as party then is it essential for each plaintiff and defendent to file separate plaint and written statement
Anonymous
04 April 2010 at 03:52
SIR,i wanto know what will happen after the child is 5 years old?how will the custody of the child decided?Am the mother n Dr ,will be earning no doubt.
Anonymous
04 April 2010 at 01:17
How a person in a Hindu undivided family can lose his right on ancestral property legally? Is he eligible to release his right on his share of the property? Our father released his right on of HUF ancestral property in writing once to my grand father and after my grand father death, our uncle has been assuming that he is the only hier of the property and sold some of the property without taking any approval from our father in writing. Can we claim any share in the property now?
Parvez
04 April 2010 at 00:28
This is a case of failure of “Swiss Aqua” brand mineral water bottle sample(No.5538/ASR) taken by Chief Health Inspector of Northern Railway from pantry car of 2926 Up Paschim Express on 15Jun97 from Mr. Gulab Premanna ,Bill Issuer of Pantry car no.94192(CPT62).
As per the sample report of mineral water bottle “The sample was not found contaminated however was found not having properly labeled and therefore it was taken as “misbranded” (Batch/lot/code no of the product were not given).
In this case, Mr. Gulab Premanna, bill issuer and Mr. Shabbir Shaikh, CCTRI Dinning Car, Mumbai Central have been made first and second party while the firm M/s natural Food Products, Borivali (W) Mumbai (Supplier of Swiss Aqua brand mineral water) has been made third party.
The case has been filed in the court of Judicial magistrate, First class at Amritsar and since then hearing has been going on at a regular interval.
Unfortunately, the two staff of Western Railway, Mr. Shabbir Shaikh CCTRI/Dining Car & Gulab H Premana ,Bill Issuer have been implicated in the prosecution in case no.55/99 in the court of IMIC-Amritsar. It is pointed out that Mr. Shabbir Shaikh-CCTRI has been made party in the case being in charge of Dining Car at Mumbai Central though not traveling in the pantry car.
The two of the Western railway Staff have been implicated for none of their fault.Hon’ble Court had issued a Warrant against the employees.
Strictly speaking the case should have been registered against the manufacturer/s Natural Food Products, Borivali, Mumbai and Railway staff could have been witnesses, if required. The staffs so charged have undergone mental, physical and financial agony. The contract was discontinued in 1997-98 itself whereas the case was registered after 2 years.
As per section 186 of Indian Railways Act, 1989 “No Suit, Prosecution or other legal proceeding shall lie against the Central Government, any administration, a railway servant or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made there-under. This was completely ignored by the Hon’ble Court and warrants were issued.
Neither Mr. Shabbir Shaikh CCTRI/Dining Car nor Gulab H Premana ,Bill Issuer was guilty as Food and water is directly supplied in the sealed boxes from the store in the Train and there is no way that these staff can have a Quality Control.
Tenders are allotted to the contractors at a higher level by the Railway Administrative authority and staff is supposed to use the material supplied by the contractor which the staff did in a good faith. It is a Contractor/Supplier responsibility to ensure that material supplied is as per the terms and condition set by the Railway.
It is also pointed out that no sanction of Western railway was taken or proper advice was given by Northern Railway at any stage to prosecute the staff.
My Father (Mr. Shabbir Shaikh) is about to retire in April-10 and suffering from Hypertension and Diabetes. It is very inconvenient for him to travel all the way from Mumbai to Amritsar on all dates for which he is not at all responsible.
The case is going on for the last 10 years and he is required to be present on all hearings. It is clearly a harassment and injustice for the last 10 years. I request your help to get him out of this trouble.
Thanking You,
Yours truly,
Parvez Shaikh
Arati Gawde
03 April 2010 at 23:58
In one sale transaction after giving token amount in cheque purchaser avoid the deal & not gave response for completion of the transaction & the cheque also bounce. So through declaration in newspaper vendor declared that sale transaction is cancel. But at the time of negotiation purchaser purchase entrance part of the land from another person, because there was no entrance. Now, the purchaser not giving entry to enter in vendor’s land. Except 138 solution for recovery of money is there any other solution for vendor to enter in his land. Is he get right of way to enter in his land? or any other remedy available for vendor to get entry in his land ?
Anonymous
03 April 2010 at 23:48
My father expired intestate in June 2006 leaving behind a residential house in Chandigarh.His legal hiers at the time of his death were as following:-
1.Wife 25% Share
2.Son 25%Share
3.Son 25% Share
4.Mother 25%
My Grandomother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-
Firstly as per Section 15(2) which states that “if a Hindu Female dies intestate her property goes back to the source from which she has inherited that property”
Which in this case are the Legal heirs of my father 1\3 each.
Secondly as per Class I Legal heirs of my Grandmother
which in that case include her two Sons & a daughter in addition to legal heirs of the predeceased son .
Kindly Clarify which will prevail & Why with similar case judgements
anshuman atul
03 April 2010 at 23:43
i have a land whose documents are in the court including the registry papers. how do i take the papers from court. how long will it take. will i have to give some bribe to clerks 2 get the work at the earliest
Pradeep G Devi
03 April 2010 at 23:38
Previous days EPF was contributory. Employer and employee has to pay equal share. From 1986 pension scheme was introduced. Who is responsible to deduct the P.F amount and deposit it to the Govt? From which date the P.F.should be deducted by the employer from the date of appointment of the employee? If the employer does not observe the act and then what is the provision in the act? I have written the issue in brief and one can understand the same. May I gate proper guidance from the forum.
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Striking out the Defense in Guardianship under CPC 151
Dear All
I am having visitation order for seeing my child but my wife is not following it .
I have filed 3 memos in the Family court bringing it to the notice of the Judge and even after the Judge telling her to bring she is not bringing.
She has the audacity to file a counter memo stating that I should fix appointment with her for seeing the child even though vistation order is in force.
At this stage I am planning to file a memo to STRIKE OUT THE DEFENSE IN HER Guardianship petition under CPC 151.
If anybody has any judgments in this regard please forward it and also your feedback in this regard will be highly appreciated