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P.S.Subbaraman   15 November 2009 at 07:44

Arbitration


My corporate client had filed a suit before the District Court seeking a declaration that the company and the defendant company had not entered into a contract and hence the matter should not be referred to arbitration as there was no adidem among the parties. Injunction has also been got restraining the other party from proceeding with the Arbitration. But the Arbitrator unmindful of the lis pending between the parties is proceeding ahead. Can Contempt be filed against the Arbitrator , who is not in India? What is the effect of the Arbitration conducted and can it enforced in India at a future date?

Anonymous   15 November 2009 at 06:54

Depositing of Will.

Dear Experts of L C I,

A person not in a position go to Registrar's office, and registrar is not willing to visit his House ( As he is Busy/ no time to attend to private hose)! Under the circumstances What is the procedure to be adopted for Depositing of WILL deed? I was told Under registration Act 1908, one can Deposit the WILL( In Registration office) in absentia .

Please give me the wording to be USED ON THE SEALED COVER (WHICH CONTAINS THE WILL OF THE TESTATER) Etc.and any thing(INSISCRIBSONS) to be done on the cover.

Thank you ALL in advance.

P.C. Joshi   15 November 2009 at 06:50

Retirement age

Is there any law prevails in India governing the retirement age in private sector.A company has fixed retirement age of at 55yrs is it correct.

Views of the members are solicted.

Regards

P.c. Joshi

Soma   15 November 2009 at 01:46

138 NI Act

whether in a 138 NI Act case while admitting the debt,can the accused request the court to allow him to pay the whole debt in installments? Is such plea entertainable ?

Anonymous   15 November 2009 at 01:21

minor property

My name is kalyani 26yrs residing chennai. my father purchased all lands in the name of elder brother when he was minor [ at the age of 10yrs].since my father considers my elder brother birth had given luck in his life,he had habbit to purchase to all property in his name though he was minor.Last year my father suddenly died in accident without divinding all the property's.Right now me and younger brother requested the elder brother divide the all the property equally but he refuses give those property saying that all the property in his names.
Me and younger brother totally disappointed with the elder brother sudden changes in his attitude after my father death.kindly give advice regarding this problem

rgds,
kalyani

Adinath@Avinash Patil   14 November 2009 at 22:07

ADMINISTRATION OF JUSTICE

ADMINISTRATION OF JUSTICE ---- PRINCIPLE OF HIGHEST IMPORTANCE --DUTIES AND OBLIGATIONS OF LAWYER AND JUDGES--SUBJECTIVE MOODS, PREDICTIONS, EMOTIONS AND PREJUDICES OF JUDGES HAVE NO PLACE IN IMPARTING FAIR AND IMPARTIAL JUSTICE.

[PARA 19,20]

1998 SUPREME APPEALS REPORTER [CIVIL] PAGE 407.

M/S CHETAK CONSTRUCTION LTD.V/S OM PRAKASH &OTHERS.

Anonymous   14 November 2009 at 21:22

property claim

sir,
My grand father had expired in 1996.He had 6 acres of agricultural land which he had inherited from his father(my great grand father) and 2 houses out of which one was purchased by my grandfather.My grand mother is alive.My grand father has
2 sons and 1 daughter(I am her dauhter's son).My grand father had died without writing a will or distributing property.Since then my grand mother is residing in the house inherited by her husband.Now my uncles are claiming that since it is ancestral property they both will get 3 acres each and one house each.My question is can my grand mother claim for right in property,if so how much share will she get since her husband had earned only one house and rest of it is inherited and also can my mother claim for property and how much share will she get.My mother was married 23 years ago.

Anonymous   14 November 2009 at 20:47

Right to apply for better employment

Dear M'm / Sir,
Please enlighten me on the case laws regarding forwarding of applications of central government officers within Government of india for taking up employment in another organisation.
with best regards

vinay gangadhar hegde   14 November 2009 at 19:40

Inputax tax claim

As per Karnataka Value Added Tax Act.2003 revised return shall be filled within six months. If a dealer files revised return after six months claiming more input than the original return, department reject the excess input tax in revised return. Can they reject the same ? Is there any legal remedy for the same. pl quote any case law for claiming input tax after six months

G.Padmanabhan   14 November 2009 at 18:19

Civil Misc.Appeal


In a matter before the CLB under S.397 & 398 of Companies Act, wherein there are one petitioner and five respondents, the CLB passes an order, on an application being made by a proposed respondent, impleading the petitioner as the sixth respondent. Against this order of impleadment, the petitioner takes an appeal to the High court under S.10/f of the companies act. In the appeal, one of the respondents files a M.P., seeking a direction against one other respondent on an issue which is connected with the main petition before the CLB, but no way connected with the matter in appeal. Is the M.P. maintenable ? if so, on what grounds? and if Not, on what grounds? Would our experts enlighten me please?