Rajesh
02 November 2017 at 03:02
me and my 3 brother(x,y,z) is partner in shop in Mumbai in pagadi system property , before 30 years my brother(X) is unemployed so me and 2 brother (y,z) is thinking that he(X) will continue in shop but now my uncle(X) is passed away and another 2 uncle(y,z) is continuing the shop and it will not give any money and said that you have no part in this property. I am so confused what we can do? Can I sealed the shop ?
Member (Account Deleted)
02 November 2017 at 01:17
In one suit, Plaintiff moved an application for Temporary Injunction at the time of filing of suit , few Defendants gave say. Many Defendants summons were not served at that point, after a brief argument. Hon. Court was pleased to pass order that "Temporary Injunction application will be heard after serving of all summons as there is no urgency in the matter"
There was a delay for few years for serving of summons (Reason better not specify here).
In mean time Plaintiff died her legal heirs were taken on record within the period of limitation in the suit. Plaint was amended legal heirs were taken on record.
Now Temporary Injunction application is on the name of deceased Plaintiff, Names were not taken on record in this application by Plaintiff legal heir.
Those defendants who gave say to Temporary Injunction failed to give written statement to the Plaint,
Some people have the habit to state in the say of Temporary injunction that it should be also considered as written Statement and they also give one Pursis to Hon. Court . Now those Defendant Adv have failed to do both neither wrote such thing in say nor gave Pursis ,
1) Now I feel that application for the temporary injunction is abated, Whether it is correct?
2) And whether rules of abatement which are applicable to suit are also applicable for such applications in the suit (restricted to application)?
3) When Temporary Injunction application abates (If abates as per my understanding ) then what is the legal status for say to Temporary Injunction, then what is the validity of such say in the suit .
4) Now the validity of Say to the temporary Injunction has become the center point of the case because other defendants failed to give WS nor say to Temporary Injunction.
5) I need clarification for Say to the temporary injunction in such situation and whether Hon. Court can discard say using 151 CPC as Temporary injunction application is abated or Say looses its whole relevance ? or any other legal interpretation in such situation?
(Please note this is not academic query, I need to take stand in this matter against Defendants Adv)
DKJ
02 November 2017 at 00:48
It has been clearly detected that my signatures are forged on policy proposal forms of life insurance policy which I bought in 2009. I bought this to the notice of my insurer and the insurer is maintaining absolute silence about signature forgery. It is clearly evident that my signatures are forged at 2 places. I have filed a case in district consumer forum. I guess consumer forums don't decide on cases on signature forgery. There is one more ground of tampering the proposal form without authentication (absence of counter-signature) on which my case in consumer forum may stand. Regarding signature forgery, what action can I take ? Can I get a forensic test done at my cost for forged signatures and then submit the forensic report in court ? In future, if the insurer wants to settle the matter out of court, can I withdraw my case ? Against whom I should file a case in court ? The insurance agent who sold me the policy in 2009 is no more employed with my insurer.
Alihd
01 November 2017 at 22:55
I am planing to buy a house from Mr. A. Mr A was given GPA by Mr Y( made a layout). The GPA was noted at a notary and not registered with the registrar. In 2004, Mr A made a registered sale dead on his wife's name. My concern : There is no date on the GPA, The GPA is not registered with the registrar. By doing some research, I found out. Mr Y passed away in the year 2000. (sale dead by Mr A to Mrs was done in 2004) What is the expert opinion? Can the property be purchase?
SAURABH GUPTA
01 November 2017 at 22:43
Dear sir
I havr query related to gratuity act. I have worked for 4 years and 8 months for a private organization where we have 5 days a week job and 4th Saturday is working. Please let me know weather i will be eligible to get gratuity.
Anonymous
01 November 2017 at 22:02
please advice me...
My husband ,my only daughter and my mother in law unfortunately died in massive car accident . i left alone in the world. It was mentioned in Post mortem report that my husband AGe48 , my mother in law age 63 and my daughter age 13 brought dead in 12:00pm, 12:15 pm , 12:30pm respectively. i found suddenly a notice from court that brother of husband suite a T.S. against me and Banks ,LIC mentioning that he is one of legal heir of his brother's immovable or movable properties like my husband Lic commission(as he was LICI agent), General insurance, bank balance etc.
He wants to indicate that as in PostMortem it was mentioned that mother-in-law was brought dead later my husband and he is one legal heir of his mother . So he demand one part of the immovable and movable property of my husband.
After death of husband when i was unconsciousness he has taken important briefcase of husband . Later i found including mobile phone to every thing he has taken. But due to respect i have not made any direct police complaint accept a general lost diary.
Now he is continuously spreading bad against my characters . i have no mercy for him . Not I want to share any thing of my husband to him . please advise my how do i handle him in court.
priyanka
01 November 2017 at 21:44
Hello sir, i am residing in rohini sec 1, where the houses are made on the basis of pocket system. In our pocket, one shopkeeper has encroached the road by stall of momos. My problem is that my car is parked in front of said shop in the night because of space problem in pockets to park our cars in front of our houses. In this condition, what should we do. Any legel remedy is available by law to stop encroachment.
suneetha Jain
01 November 2017 at 21:11
Sir, My Brother who was terminated by Public Sector Bank in May 2013 due to non disclosure of pending criminal case against him at the time of appointment (The case is closed in lok adalat in Jan 2013). So, we went to High Court. High Court relied on the Judgement of Supreme Court (Avtar Singh) and issued an order to set the termination order issued by Bank aside based on point (4) of Avtar Singh Case as case is Trivial and no conviction is there and asked the Bank to issue a fresh reasoned order by keeping in view of guidelines in Avtar Singh Case. The Avtar Singh Case Summary is as follows:
We have noticed various decisions and tried to explain andreconcile them as far as possible. In view of aforesaid discussion, we summarize our conclusion thus:
(1) Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case,whether before or after entering into service must be true and there should be no suppression or false mention of required information.
(2) While passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information.
(3) The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision.
(4) In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourse appropriate to the case may be adopted: -
(a) In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.
(b) Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
(c) If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee.
(5) In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate.
(6) In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case.
(7) In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper.
(8) If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime.
(9) In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form.
(10) For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for.
Before a person is held guilty of suppressio veri or suggestion falsi, knowledge of the fact must be attributable to him.
But, Bank replied that as per Avtar Singh Case, Point (1) shows that non disclosure is a serious crime and hence, we are issuing that termination is valid.
Now, What should we do?? Even though High Court clearly set aside the termination order, Bank authorities did not set aside the termination order. Please advise us..
Anonymous
01 November 2017 at 19:11
Please any criminal advocate give me answer. Can i file a complaint before majistrate court about fake non-judicial stamp paper which was certified by the stamps and regestrating authorities as fake. so can i file complaint about it in court without giving complaint in police station.
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Granting of pension for 9 years 9 months and 10 days service
Respected Sir(s),
I served in central paramilitary force with 09 years and 09 months complete service and further joined in PSU with Technical resignation. I made so many correspondence for granting of pension to service rendered in central paramilitary but they did not released pensionary benefits till date. Please suggest for availing pensionary benefits.