Amit B Bahl
22 August 2017 at 00:39
My mom has 100% interest in a flat in a chs. She wants to enter into a gift deed and transfer 50% interest in the flat to me. Pls explain what is the procedure for the gift deed execution
mn
21 August 2017 at 23:28
I had applied for the post of junior assistant in april/2016 with intermediate qualification under compassionate grounds but the government extended the qualification from intermediate to degree for that post on 12/05/2015. so I was appointed as office subordinate on 21/07/2016 and I was joined in my duty on 22/07/2017. But on 18/08/2017 government again changed the qualification from degree to intermediate . so that my junior applicants will get higher cader than me with the qualification as like me itself. Is there any option to make convert my cader from Office subordinate to Junior assistant. what can I do now?
kajal
21 August 2017 at 23:00
Hi sir,
I am wife and currently my husbad filed case agaist me under saction 13(1)(b) .
We got married as on 28/05/2010.
And after some fight at home . During my brother marriage they told to stay for one month and after that they will take back. But in function of my marriage they do not come .
And as he is my father shop licences my father think that they will not take back his girl and also not leave shop so my father decided to keep one meeting and in that they decided to get back shop and my husband family decided that at time of back of shop divorce need to be done . As they want to end all relationship
But as I am not ready to give divorce I not given this all done around dec 2011.
After that in july 2012 I have filed case u/s 9 of hindu act . In reply that my husband filed case u/s 13(1)(a).
But this case get dismissed in 2015 .
Order bot in any one favour.
I just want to know what is my negative point in case
And what plus point in my case
As I do not want to give divorce.
I want to give one chance to my marriage but my husband under eco that he do not want to give any chance.
Also he his telling one point that you have not tried any time to reconcile.
But I just want to say I want to save my marriage .
subhendu
21 August 2017 at 22:29
Sir,
My unmarried elder brother suddenly expired, his all property(MIS, bank account etc) nominated in the name of us i means 1. Me, my younger brother, my two sisters etc,we found now that in the year 2011 he just prepare a WIll type paper( in a white paper with two witness) and wrote that he like to give his property others( My daughter, my sister daughters and my younger brother), We found that he make me /my sisters as nominee in the year 2017, just before his death. Now we are confused, please tell me which is the legal.
subhrendu bhattacharya
inderjeet
21 August 2017 at 21:59
If labour court decide only one issue and dismiss the case. Can I file special leave petition
Anonymous
21 August 2017 at 20:41
My father was an employee of SBI (PF index no 1594230) last posted at Faridabad main branch (Br. Code 0734) as Dy. Manager died on 20/01/2005 while on service. He had made me nominee in his terminal benefits as son. At the time of his death I was minor of 14 years of age.
2. When in 2008 I became major I claimed amount of PF on the credit of my father in July 2008. One of my four step sisters named Deepti Gupta filled a suit of declaration with temporary injunction in March 2009 at District court Faridabad. Bank stopped all processing for payment but neither told me about that they have sanctioned the amount but can’t pay because of court orders nor court about any sanctioned amount. They also haven’t told me why they can’t pay any amount to me.
3. Said case was dismissed by the Honorable court of Ritu Yadav with a direction that “The Law in this regard is very clear that the gratuity and other benefits shall be given to a person who is either nominee of the deceased or have a valid succession certificate.” with this direction I again claimed PF in 2015 and bank paid me amount which was sanctioned in 2008, no interest paid by bank as the amount lies with the bank whole time while the pendency of suit in court.
4. After onward I claimed for gratuity and family pension as per SBI clauses and nomination, on which bank told me verbally that my sisters have again lodged an appeal in upper court so they can’t process my application. So I wrote a mail to them requesting them that if any competent court of law has issued a stay order on lower court judgment then you can stop my applications otherwise SBI has to follow the direction of law cleared by lower court judgment. On that letter PPG Department of SBI Delhi Circle situated at Parliament Street email me on 19th May 2015 in which they told me about cases pending at district court Faridabad and requests me to submit my documents for claiming the amount. After claiming gratuity and family pension bank paid me gratuity in August 2015 and family pension in January 2016.
5. In November or December 2015 I claimed Exgratia scheme and interest on delayed payment of PF on which bank issued me a letter dated 20th January 2016 (wrong date as letter reached me on 15th January 2016) in which they told me about Law opinion of their Law Department that as per clauses of Exgratia if claimants have disputes among them then court orders are necessary for payment of Exgratia and they have taken the matter of interest on delay payment of PF and Gratuity to their controllers for consideration. I have also asked CGM (Delhi Circle) about what is Exgratia then Zonal Office Delhi Circle(SBI) situated at Parliament Street mailed me clauses of Exgratia and according to Point 3 of said clauses I am only person who can be considered as claimant so I emailed to C.G.M.(Delhi circle) and Chairman of SBI on 20th January for reconsideration of law Opinion as per their clauses only that person can be a claimant who is dependent on the employee and I am the only person who is dependent on my father as I was minor at that time so there is no requirement of getting court orders then on 2nd Feb. 2016 a manager named Mr. Surender Madan posted at NIT Main Branch Faridabad(0734) mailed me asking for Exgratia papers along with affidavit declaring that all of my sisters are married at the time of my father’s death so I sent them all required documents and affidavit which they(SBI) required.
6. On 8th April 2016 bank wrote me a mail in which they told me about interest on delayed PF and gratuity will be paid shortly and for Exgratia they required my identity documents because my sister is claiming me some other person in court. This requirement is raised by bank when they have already paid me three terminal dues and I even have a bank account in their bank in which they have credited the amount of family pension. However I submitted my identity document by mail.
7. On 28th June 2016 bank wrote me a letter that they are not going to pay any amount without succession certificate because it is the extract of lower court judgment (As per direction given by their controllers sitting at head office at parliament Street). I again asked them that they have already paid me amount of some of terminal dues as per same court orders how it can be possible that suddenly court judgment extract changed. Then on 15th March 2017 they again wrote me same wordings that they can’t pay any amount without succession certificate as per court judgment.
8. Apart from this my father also has SBILIFE group insurance policy linked with his PF Index No. SBILIFE releases that amount to SBI in 2010 after 5 years of death of my father and case was pending at District Court Faridabad. Now on 12 May 2016 SBILIFE issues a letter to SBI to Release the amount in my favor as per clauses of said policy but SBI is also not releasing that payment to and asking succession certificate by letter dated 28th June 2016 and 15th March 2017 where as I have nomination in said policy too.
9. At present my economical condition is poor that I have no job from last 2 years and have no source of income from last year as well. Right now I am staying with my In-Laws in Nagaland and my Father-in-law is taking care of all of my expenses. He is retired person and having responsibilities of 6 persons including me and my family.
So I request you to please provide me legal aid and your kind help for getting my legal dues from bank.
I would be Grateful to you for this.
Supratic
21 August 2017 at 19:39
YYY (hereinafter called the Husband) and __ZZZ (hereinafter called the Wife) wishes to file for divorce under mutual consent as the Wife is in relationship with XXX (hereinafter called the Other).
Whereas the Husband and Wife has agreed to file for mutual divorce.
Whereas The Husband and Wife has a child studying in class X.
The Husband and wife wishes to share the house in the sole responsibility of the Son , till his educational requirements are required or the Husband wishes to remarry, which ever comes earlier.
Does Law have any objection to this, if so why is it so?
Please show us the clause which prohibit this and Applicant wish
to raise this to Supreme Court as a law against Natural Justice.
If Husband and Wife stays in separate room and considers themselves as
living separately?
If this helps the child to concentrate for his studies, why should the law interfere?
Supratic
21 August 2017 at 19:27
497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
If this is the case, can we legally sign a letter of Consent to the following effect?
DEED OF CONSENT
THIS DECLARATION OF AGREEMENT (the “DEED”) is made on this – date …….. April 2015 Between XXX (hereinafter called the Applicant), YYY (hereinafter called the Husband) and __ZZZ (hereinafter called the Wife)
Whereas the Husband and Wife has a Child CCCC, Date of Birth (hereinafter called the Son).
Whereas the Husband has been informed that the Applicant and Wife is in love with each other under mutual consent, and like to share life together in every sense.
Whereas the Husband has been informed that the Wife is not willing to share physical relationship him.
Whereas the Husband has been informed that he can claim divorce any time he wishes.
Whereas the Husband has been informed that the wife will not claim any alimony in case of divorce.
Whereas the Husband has been informed that the Son will retain his legal rights from his father. The mater of custody and monitory aspects will be discussed when divorce is filed.
Agreement:
1. Husband will not claim his conjugal rights.
2. Husband will not file case against the Applicant as per Section 497 of IPC at any stage of future life for any type of his relationship with the Wife and this Agreement is in other words is a Consent to the Applicant and the Wife.
3. Wife plans to stay with the Husband and Son with the sole objective of looking after the Son’s education as may be required and mutually agreed.
4. Husband is free to look for his partner, and can claim divorce any times he likes.
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Insolvency & bankruptcy and negotiable instrument act 138
Dear All Experts
I need your help & Guidance regarding a Query
During on going opeations of the Company we 4 Directors have issued Cheques to Operational Creditors as PDC's to repay their payment but we cudn't repay due to non-availability of funds / non-support from promoters based out at london and one of the creditor filed I&B 2016 at NCLT against us.
"Operational Creditor" had made petition under NCLT Ahmedabad against our Company for Insolvency & Bankruptcy for which we received the acceptance or Order Copy on 10th April, 2017 from NCLT. The IRP - Interim Resolution Professional was appointed and the public notice was issued in newspapers for all the operational & Financial creditors to submit their claims on or before 3rd May, 2017.
Meanwhile the Liquidation process is on for the Company and the IRP is involved in valuating the assets of our company and recovering due payments form our clients, few of the Operational creditors have started filing 138 for Cheque bounces against us through Negotiable Instrument Act in individual names of Directors or against the one who signed the cheques (minimum 2 Signatories). I personally have 9 cases of 138 against me within a span of 1 month time now... requst you to kindly help me to overcome the situation because i o not have individual capacity to pay for the cheques which are bounced and this seems to be manipulated game against me or the past 4 directors by such operational Creditors and financial creditors are also harrasing us and threatening us now for legal proceedings.
We have agreed I&B by one Operational creditor as we 4 directors were employees and promotors didnt helped us at crucial / bad times and we accepted the NCLT order. and the order depicts "MORATORIUM" Period until the IRP comes with final resolution in our case or until 180 days. We are completely in soop because we are dealing with such 138 cases individually and this seems unstoppable with such increasing numbers.
All operation creditors have raised their claim to the IRP appointed and they are also doing 138 cases against us which is total harassment and what they want to prove by doing this that they want their claims two times / dual claim with such 138 cases against us and through liquidaton process... this seems a conspiracy to us . Can we apply "Moratorium" against 138 cases in NCLT or can file petition in NCLT for the negotiable instrument act or any other way out to deal such situation. as to what i have read and suggested , we are not getting any clear and convincing reply from anyone around us... in my opinion there should be a way to relief the directors against such acts . Please help me ... your guidance and suggestions are most urgent & Important to us.. please guide
Sunil Chaudhary
+91 91159 38685