yogesh
13 October 2017 at 20:22
In Consumer case, filed before the Distt Forum, against the nationalized bank for not awrding the interests on two Fixed Depoists, ( Principle amount 45,000 & 43,000 respectively) from 2003 to 2011. The Distt Forum, vide its order in July 2016, in its order directed the bank to calculate the saving interest rate, from 2003 to 2011, and issued 2 fresh FDR within one month
The bank did not comply the order, the execution application was filed . The bank did not appear even after receiving the notices . The court, after receiving the application from Decree Holder, issued bailable warrant returnable October 2017. The bank filed an application, without evens erving the copy to the Complainant, recalled the order of bailable warrant. The court also disposed the application in Septmeber 2017( though communicated for October 2017), by accepting the demand draft of 15000/- from the bank, in the absence of the complainant
My query is
1 Though the Ld Distt forum, has directed the bank to calcaulte the saving interest rate and issue fresh FDR, which normally comes to be 23,000/- and 21,000/- respectively and after interest of 5 years it may goes to 40,000 each respectively( Total 80,000/-), yet the Ld Distt Forum has accepted the meager amount of DD, without even going through its own order?
2 The Bnak has not complied the order of the Ld Distt Forum, but the Distt forum has closed the case, by accepting the DD of Rs 15,000 FROM THE BANK( We have not accepted the DD from the Court),.In such case whether fresh Execution application can be filed, complelling the bank to comply the order? If yes, under which section for filing second execution application/opening of case? Or we should have to file the Revision Petition before the state Commission? Please elaborate on this.?
Ramesh Gajendran
13 October 2017 at 19:43
Sir, My friend has filed MC for her daughter. As informed he is an inspector of police and he didn't came to court even after receiving the summons. So after the ex party evidence is close they have ordered to give 7000 pm. But she has requested for 25000pm. Is there any possibilities to appeal the same. Where to appeal in session or high court. Will she get the amount? What should she do now? Please advice
Aditya Dev
13 October 2017 at 19:21
We are the defendant in a suit under Order 37 filed by the plaintiff for the recovery of Rs. 30,00,000/-. The contract between us also has an arbitration clause. We have still not filed our WS in order 37 case as we want to take the matter into arbitration.There is a liability statement made by the plaintiff which is signed by us. Now the court feels that the sign means that we have accepted the contents of the statement whereas we have only accepted the letter and not the contents. Meanwhile, we have replied to summon of motion wherein we say that the court does not have the power to hear the matter because there is an arbitration clause. The court passes an order against us saying that since we have not disputed the amount so claimed, therefore there is no dispute and since there is no dispute the court is the correct forum before which the suit shall be heard.
What we are trying to say is that since there is an arbitration clause, even the question whether we have accepted the liability or not shall be decided by an arbitrator and not the judge. And as we have not accepted the amount, it makes the amount as disputed and hence arbitration is the proper forum.
My question is whether in this case, Arbitration will prevail over Or. 37 as I feel that even the question of amount being in dispute shall only be addressed by the arbitrator and once there is an arbitration clause, no court has has jurisdiction on the same matter???
bcnair
13 October 2017 at 17:52
Whether a person from outside the establishment could be appointed as presenting officer
bcnair
13 October 2017 at 17:44
Whether a person from outside the establishment could be appointed as presenting officer
Krishan veet
13 October 2017 at 17:08
I had been selected as a patwari in Rajasthan and now I want to pursue my further studies for graduation.. I want to do ba private. Is it illegal to study further while in government job.
Kalyan Ghosh
13 October 2017 at 15:59
Sir
Whether Short Term Capital Gain on Mutual Fund will be proportionate of the total gain for computation of income tax.More precisely I am placing my case as follows.An amount of Rs Ten Lakhs ie 1000000 was invested in a Non Equity Mutual Fund.A year later the value of the investment increased to 10.8 Lakhs ie Rs 1080000..Now due to some exigency we want to withdraw this amount.Actually total capital gain in this case is Rs 80000 which is in fact 7.4% of the total value of Rs 1080000.Now for computation of income tax whether total value of Rs 80000 will be considered which will mean IT HAS NO DIFFERENCE WITH BANK FD DEPOSITS.But if only 7.4% of Rs 80000 is considered the value of capital gain will come out to be Rs 5926 which will levy an income tax of Rs 1831 considering highest tax bracket of 30%.But if total value of Rs 80000 is considered it will lead to an income tax figure of Rs 24720.
Please therefore opine what will be the capital gain Rs 5926 or 80000
Sudhanshu mondal
13 October 2017 at 15:36
Sir...my father was a government employee....and he died in 2016..In gpf passbook nominee names are written of my mother and mine....but department office are saying that nominee names are not attested...u have to bring succession certificate for pension..what should I do in this regard..plz reply
M SIVAPAWAN KUMAR REDDY
13 October 2017 at 15:03
Respected sir,
This is sivapavan, my uncle taken business loan 3lakh rupees in shiram chits pvt ltdin 2013. He paid amount 2 lakh rupess after that he had suffered from kidney disease. And not paid money after 6 months he died in 2015 october.after that my aunt has no source to pay. Now they calling and pay 3 lakh rupees.. What we will do sir please tell me any suggestions
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