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Nandini R. Bhatkar   02 November 2017 at 17:35

Preliminary issue hearing

Sir i have filed an application to frame preliminary issue that whether the applicant is labour or not. Said aaplication is allowed by the court and now the matter is fixed for hearing on preliminary issue and i have file an affidavit i.e. examination in chief. Please guide what would be the contents of said affidavit. I have already filed my written statement. Please guide.

Ravi Jindal   02 November 2017 at 17:16

Getting in to jva with another company

We are running a company and this company owns a successful brand.
Recently, some development happened with another company working in same domain. We mutually discussed on our future perspectives if we go ahead with partnership.They offered us following things

1. They will work as technology partner of our company (tilll now we are outsourcing technology) and invest Rs. 1 Crore in next 1 year as strategic investment. In return they don't want equity in the company they want to co own the successful brand.
2. They want 51% ownership of the brand, its IPR and right to decide.
3. They will deduct their investment on monthly basis, means they will get the profit(if any) and investment also from the revenue.
4. They have the right to terminate the agreement but we don't.
5. If in any case any party want to leave the brand, second party will automatically become the owner of that brand.
There are many more such clauses which are inclined toward that company and its like that they want to own everything in return they will provide technological assistance with investment.
I want your guidance regarding this

Anonymous   02 November 2017 at 15:52

Who is the legal heir

i want to know 1) my husband committed suicide three months ago, due to financial looses now my inlaws are pressurising to sign NOC for leaving all the claims to property and i don't want to do that .what should i do?
2) in laws are saying that they will put allegations that suicide was because of me , the will put allegations on me although there was no postmortem done of suicide, no police complaint registration .do these allegations stand in court?
3) is my mother in law also a legal heir to my husbands own property and not joint

Anonymous   02 November 2017 at 15:49

Who is the legal heir

i want to know 1) my husband committed suicide three months ago, due to financial looses now my inlaws are pressurising to sign NOC for leaving all the claims to property and i don't want to do that .what should i do?
2) in laws are saying that they will put allegations that suicide was because of me , the will put allegations on me although there was no postmortem done of suicide, no police complaint registration .do these allegations stand in court?
3) is my mother in law also a legal heir to my husbands own property and not joint

Anonymous   02 November 2017 at 15:25

Defamation by ex girl friend

Hi

I had a sexual relationship with one of my colleague. My girl friend came to know about it and we had a break up. I had clearly told her that I had affiar with that colleague only.
Now my ex gf is reaching out to my other female colleagues and asking them if I had any relationship with them. This is causing problems for me at work. I am not able to work with any of my female colleagues.

Can this be considered as defamation? Can I sue her in this case?

SP Verma   02 November 2017 at 15:21

Agriculture land dispute

Respected Sir, The applicatioin of plaintiff for permanent injunction under O39 R1&2 was rejected as the incredients of three aspects i.e.prima facie, balance of convenience and irreparable loss were not found in his favour. Simulataneously, the counter claim of defendant for temporary injunction was also rejected by the same court on the plea that no permanent injunction was prayed for though the defendnat has good title in his favour. Kindly suggest me whether I can submit now the application for permanent injunction against plaintiff. If so under which sections please.

I shall be highly grateful for your kind advice.

Thanks and regards,

SP Verma

anwer   02 November 2017 at 12:34

Compensation and right on property

we are Muslim family from Mumbai . My sister is living with me since 10 yrs with her 2 sons (16 and 22 yrs ) in abroad after separated from her husband and their family .she didn't divorced legally from him.she living separate bcs her husband told cant look after her and kids and she working here in abroad and looking after their studies and lively hood.recently her husband got second marriage with another lady and living Mumbai. my sisters father in law have properties in Mumbai but nothing given to his children . As of this no properties in the name of my brother in law. below are my queries
1. Now her father in law have some soft corner on my sister and kids and ready to give a property in kids and her name. How can we make a valued document for that?. as a GIFT or will?
2. How can we file a case on her husband for remuneration for her and kids .

seshadri vikrala   02 November 2017 at 11:46

DISHONOURING APEX COURT ORDERS JUDICIAL PRECEDENTS RULES LAW

HONOURABLE SIR SENDING THIS MATTER WITH A GREAT EXPECTATIONS THAT YOU HAVE TIME TO READ IN SEQUENCE BUT NOT TO DISCARD PLEASE.
IN RAILWAY BOARD RPF THERE ARE TWO TYPES OF ENTRY INTO GROUP A CADRE SERVICE SELECTION PROCESS...
DIRECT UPSC SELECTION PROCESS AS ASSISTANT SECURITY COMMISSIONER,RPF, THEY GET THEIR NEXT HIGHER RANK PROMOTION ON COMPLETION OF THREE YEARS CONTINUOUS SERVICE AS ASC. REMAINING,EAR MARKED QUOTA, FIRST PHASE, THEY SELECT INSPECTORS TO ASC POST, KEEP QUITE ON DPCs, MAKE THEM AS AD HOC ASCs to work for several years. ACTUALLY
40/50% SELECTION PROCESS IS TO BE DONE THROUGH DPC/UPSC, WHICH IS DONE NOT BEING CARRIED OUT BY RAILWAY BOARD RPF AS PER PROVISIONS OF THE LAW,THE RULES, JUDICIAL PRECEDENTS, BUT THEY CONDUCT DPCs AT EASE AS PER THEIR CHOICE. IN RPF DIRECTORATE,DG,RPF IS FROM IPS CADRE SERVICE RANK OFFICERS ON DEPUTATION AND COULD NOT SUCCEEDED IN SET RIGHTING THE INSIDE VICIOUS CYCLE IN CONDUCTING DPCs IN TIME SCHEDULE BY TRYING TO GET FACTUAL INFORMATION ON RECORD... NOT A SOLUTION WAS SOLVED SO FAR AT HIS OPENNESS DIRECTIONS AND ORDERS SO FAR.. ALL CASES DECIDED BY COURT ORDERS ALSO NOT HONOURED EXCEPT ONE CASE WHEREIN, THEY IMPLEMENTED HIGH COURT OF CALCUTTA IN THE WP FILED BY ONE BHUPATHI ALIAS B. MOHAN, THE SLP FILED BY THEM DISMISSED.. HEREIN THE CRUX OF THE LAW RULES AND SPECIFIC JUDICIAL PRECEDENTS COMES THROUGH.. THEY GAVE DEEMED PROFORMA, PRESUMPTIVE PROMOTION TO ALL RETIRED SA GRADE DSCs to DIG SCALE OFFICERS, EVEN THOUGH THEY ARE NOT PETITIONER S IN THE WP, LEAST ,THEY DID NOT EVEN APPLIED FOR DEEMED PROMOTION ORDERS AT PAR WITH JUNIORS BEFORE SUPERANNUATION, THEREBY, ALL THE RETIRED SA GRADE OFFICERS IN RPF WERE GIVEN PENSION FIXATION BENEFITS AT PAR WITH JUNIORS...HERE , THE SAME IS OUTRIGHTLY REJECTED BY RAILWAY BOARD RPF...
DEPARTMENT PROMULGATED RULES BUT ALMOST KEPT ASIDE IN THIS MATTER.
THEY GIVE PROMOTION TO INSPECTORS/GROUP A CADRE SERVICE RANK AS ASCs/GROUP A CADRE POST...JUNIOR ADMIN SCALE...NO GROUP B CADRE POST S IN RPF SINCE 1983...
THE ATTACHMENT OF LITIGATION IS THAT THE ADHOC SYSTEM CONTINUANCE GOES ON AND DEPARTMENTAL ASCs WITHOUT REGULARISATION RETIRE,THEN COMFORT MIND DEVELOPMENT IS THE CRUX OF THE DAY,YEAR, RPF CONDUCT DPC ,ALL PREVIOUS YEARS VACANCIES ARE FILLED WITH JUNIORS IN THE PLACE OF SENIOR S..
BY THE TIME... THIS STOP GAP FILLING UP OF PROMOTEES AS ADHOC ASCs CONTINUES BY RAILWAY BOARD RPF WITHOUT HOLDING TIME SCHEDULE DPCs, SAY 2-5YEARS , DIRECT ASCs SHALL GET THEIR NEXT HIGHER RANK PROMOTION SA GRADE, AS DSC, BY VIRTUE OF VACANCY,SAME DECLINED TO DEPARTMENT ASCs ONLY ON PLEA THAT THEY ARE ON ADHOC HENCE NOT ELIGIBLE FOR ACTUAL PROMOTION...
THIS CAPTIONED POSITION IN RAILWAY BOARD RPF IS GOING ON SINCE DECADES,
ALL EFFORTS MADE LOST IN THE WIND AND UNDER THE BUREAUCRACY'NAME SYSTEMATIC HANDLING IN RAILWAY BOARD
... COURT ORDERS PRONOUNCED AGAIN AND AGAIN ARE HAVING NO EFFECT ON RAILWAY BOARD,RPF DIRECTORATE.
ALL GONE WITH THE WIND...LAWS, RULES , JUDICIAL PRECEDENTS ARE FOR NAME SAKE...TO THEM.
WILL THIS PATHETIC CONDITIONS OF THE SERVING ADHOC ASCS AND RETIRED ASCS BE SOLVED OR NOT... WHETHER THE RAILWAY BOARD RPF IS ADOPTING IT'S OWN COURSE OF DUAL SETS OF RULES AND DETHROWING THE JUDICIARY ORDERS AND ALSO THE LAW RULES, CAN'T THIS BE TAKEN AS CONTEMPTUOUS ACT OF THE RAILWAY BOARD RPF, EXAMPLE, IN RECENT SONY VERGHESE CASE ..SLP 1663 OF 2013FILED BY UOI& RAILWAYS DISMISSED BY HONOURABLE SUPREME COURT IN APRIL 2017 WITH SPECIAL DIRECTIONS BY UPHOLDING THE HIGH COURT OF MADRAS ORDERS, BUT SO FAR NO ACTION SEEMS TO HAVE BEEN POURED ON RECORD...
2) MY PROPOSAL SENT TO ALL...
I PRAY TO CONSIDER TO REVIEW THE ORDERS IN FAVOUR OF ADHOC SYSTEM CONTINUANCE FOR SEVERAL YEARS WITHOUT CONDUCTING DPCS, DUE TO WANTON DELAYED TACTICAL DEALINGS OF RAILWAY BOARD RPF...NOT ON EMPLOYEES FAULT...WHY THE EMPLOYEES PENSIONERS ARE MADE TO SUFFER...HOW TO END THIS TYPE OF FLYOVER JUMPING RULES ADOPTED BY RAILWAY BOARD RPF...
MY CONSIDERED SUGGESTIONS MADE...TO RESERVE ... QUOTA OF%IN NEXT HIGHER RANK PROMOTION FROM ASC RPF TO THAT OF DSC,RPF...
THIS ACTION OF SHALL SETRAIGHT AWAY SETUP AND STOP THEIR UNDERGROUND FAVOURITISM, THUS, EVERYTHING IN RPF ON THE ISSUE SHALL STAND SETTLED..
IF THE DPCs are held in later years and if the EMPLOYEE S PENSIONERS are forced to retire without any further promotions, but for the mistake of the ADMINISTRATION'S FAULT, errors,etc... their names should be considered for placement in the DPCs PANELS ACCORDING TO INTAKE QUOTA OF VACANCY OF PREVIOUS YEARS AND they must be given DEEMED PROMOTION at par with the JUNIOR before superannuation as per SENIORITY and pension benefits be given...
Only thing that you are all requested to kindly consider TO READ and publish in your esteemed papers and MAGAZINE s...
NB..I HAVE GIVEN LOTS OF CASES AS PER RECORD WHEREIN THE RAILWAY BOARD RPF PONDERED THEIR FAVOURITISM, EVEN THROUGH DIFFERENTIAL TREATMENT AND APPLICATION OF RULES JUDICIAL PRECEDENTS, ORDERS AS PER THEIR CHOICE SELECTION PROCESS....

Anonymous   02 November 2017 at 11:27

Graduity clarirication

Dear All,

I have worked for Limited company for 4 years 5 months am I eligible to get Graduity or not.

Kindly help me in resolving above query.

Please do the needful.

Thank you

Anonymous   02 November 2017 at 10:24

Defamation case

I was on call with my Wife in Feb this year and she said ill about my religion and others as well. She threaten me as well that her family member will see my faith. I already filed FIR against her U/S 156(3) and section are IPC 420,406,307,324,323,341,34,506,120b. There is no police action against her and her family till date. I filed 6 RTI but only one have been answered and it states that case is under Investigation. I filed FIR in 16-3-2017 So based on this Phone commnication can I file IPC 500,506,34,34,120 against her and family once again. She had managed police and police wants me to comprise and close FIR. PS: She have not filed 498a on me till date. So the qestion is can I file another FIR VIA 15693) on her?