sreemoyee
17 December 2008 at 21:52
can any one send me a draft copy of a divorce petition under the special marriage act.u/s 27(1)(d).
Vikram Chandra
17 December 2008 at 18:13
Dear Sirs,
The accused on the fast date of appearance reported before the court that he will pay the cheque amount by the next date of posting and accordingly he got the Demand Draft worth the cheque amount as per the case of the complainant. But the complainant is not willing to take the amount. Eventhough a memo was filed before the magistrate to close the case as the amount is being paid by the accused the court is not closing. What steps the accused can take now to close the case?
regards,
vikram.
ASHOK KUMAR AGARWAL
17 December 2008 at 17:19
My client entered into an agreement for taking factory premises on rent for six years.At the time of entering into agreement a sole arbitrator was appointed and in the agreeement a clause " all disputes subject to Arbitration" was mentioned.
After one year the Arbitrator resigned .The opposite party took advantage of the situation and filed a case in the District court for vacation of the premises on the ground that the tenant is a defaulter in payment of rent.The tenant contends that the landlord had not given him the necessary paper as promised by him to the Arbitrator as such he would pay the rent only to the Arbitrator on receipt of the necessary papers.
We had made a plea to the court that since agreement was subject to Arbitrator hence the court may refer the matter to Arbitration.The court has no right in the matter.
The arbitrator used to receive the rent on behalf of the landlord.The arbitrator had directed the landlord to give necessary papers to the tenant for smooth running of his factory to which the landlord kept on ignoring.Being fed up of all this the arbitrator had resigned and the landlord taking advt of the sitution filed a suit for eviction.
The clause of Arbitration is as :-
" Any disputes or differences between the parties hereto as to the effect,interpration or application of this tenenacy agreement or as to their rights,duties,liablilities thereunder or as to any act matter or thing arising out of or consequent to or in connection with this tenancy agreement shall be referred to and finally resolved by the sole aribtrator Mr X.The arbitration proceedings shall be in accordance with the provisions of the Arbitration & Concillation Act 1996 or any subsequent enactment or amendment thereof .
The matter is still pending in the court.Pls advise when there is no arbitrator but the agreement is subject to Arbitration will the court have any power to act on it or will the court appoint an arbitrator on our behalf?
basheer khan
17 December 2008 at 12:56
respected sir
i filed a motor vehicle original petition before the court againist the vehicle owner and insurance company including the wife of the deceased as the respondents. in this case, prior to the accident, the wife of the deceased got "Khula divorce" from her husband as per the muslim customs. my question is whether a divorced wife can claim the compensation from the court under the provisions of motor vehicle act
R Bajaj
17 December 2008 at 11:57
Sir,
I am a Defence Officer posted in a Deemed University,my Querry is:
My Basic pay is more than my DRDO Contempary posted here and I became a gasseted officer almost four years before him but in the institute he has been given a higer status quoting some DRDO letter which equates the various ranks of defence forces with ranks of DRDO scientists.For eg The letter equates Major General to Scientist G.
In this case this individual attained the equated rank befor the service office here is being deemed to be senior where as the fact that he draws less pay and has less number of years of service are being treated as Irrelevant.
I want to know the rule position on this.
Bajaj
sreemoyee
17 December 2008 at 11:28
the girl got married 2 years back.ever since her marriage she was subjected to mental torture,so much so, that presently her husband and in-laws have even stopped talking to her.though she is still at her matrimonial home but she cannot continue any longer.all modes of reconciliation by the girl's parents have failed and now she wants a divorce.what is the neccessary procedure?can she directly go for a divorce suit or should first file a criminal proceeding under 498A CrPC and then file for divorce?would judicial separation be a better option?
kk
17 December 2008 at 11:02
pls give me link to following case laws
burmah shell v/s belgam municipality corpn. AIR 1963 SC 906
R Bajaj
17 December 2008 at 10:31
Sir,
We are three brothers and we have decided to build our old house through a builder who has agreed to make a floor for each of us and also give me a sum of money as I will get third floor ( my Brother will get ground floor and first floor respectively).
My Querry:
The money I will get will be shown as what?
Is it income from sale of property?
How will I be taxed for this ammount?
How should I invest it and what documents do I need to produce to declare this as income?
Thanx
Bajaj
allurisivajiraju
16 December 2008 at 21:46
Respected Seniors,
In a civil case basing on the Promissory note which was posted for trial, and subsequent to the filing of this case plaintiff went to abroad for a job purpose. There is no chance to the plaintiff to come to court to prove his case. Scribe of the pronote was died.
Then only attestor is available for filing affidavit as PW-1.
In the above circumstances whether court can mark the original pronote and notice etc. on behalf of plaintiff basing on the attestor affidavit. What is the result of the suit.
Thanking You Sir in advance.
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