LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jaisaad   23 February 2017 at 13:44

Defence stike off

interim order partly complied later on stopped due to survey found wife doing online business and filed application for modification of interim order. But opponent advocate speaks since defence is strike off after RD served so I have no right to argue my case till interim money is paid fully

aslamskhan   23 February 2017 at 12:55

Case filed against employer in 2014

Respected lawyers/expertd,
pls find notepad pasted copy of the same and sorry for the previous not attached.
pls interrogate and advice.


labour, Mumbai
Case DetailsCase Type : Ref-IDA - Reference
Filing Number: 5100951/2014Filing Date: 19-07-2014
Registration Number: 5100176/2014Registration Date: 25-07-2014
CNR Number: MHLC01-001301-2014


Case Status

First Hearing Date : 25th July 2014
Next Hearing Date: 06th March 2017
Stage of Case: Evidence
Court Number and Judge : 6-Judge


Petitioner and Advocate1) Ms Jindal GSL Pvt. Ltd.
Address - Worli Mum. 18
Advocate- BHAT


Respondent and Advocate1) Aslam Khan
Address - Aminbad No. 36 Daulat Nagar Mumbra Dit Thane 400 612
Advocate - GEORGE MATHEW


Acts

Under Act(s)

Under Section(s)

Industrial Disputes Act, 1947 12(5)

History of Case Hearing



Registration Number

Judge

Business On Date

Hearing Date

Purpose of hearing

5100176/2014 Judge 12-11-2014 30-12-2014 Report
5100176/2014 Judge 30-12-2014 21-01-2015 Report
5100176/2014 Judge 21-01-2015 23-02-2015 Report
5100176/2014 Judge 23-02-2015 17-03-2015 Report
5100176/2014 Judge 17-03-2015 28-04-2015 Report
5100176/2014 Judge 28-04-2015 22-06-2015 Report
5100176/2014 Judge 22-06-2015 01-07-2015 Report
5100176/2014 Judge 01-07-2015 29-07-2015 Written Statement
5100176/2014 Judge 29-07-2015 26-08-2015 Written Statement
5100176/2014 Judge 26-08-2015 14-09-2015 Written Statement
5100176/2014 Judge 14-09-2015 21-09-2015 Written Statement
5100176/2014 Judge 21-09-2015 28-10-2015 Written Statement
5100176/2014 Judge 28-10-2015 30-10-2015 Issues
5100176/2014 Judge 30-10-2015 24-11-2015 Issues
5100176/2014 Judge 24-11-2015 12-01-2016 Issues
5100176/2014 Judge 12-01-2016 10-02-2016 Issues
5100176/2014 Judge 10-02-2016 09-03-2016 Evidence
5100176/2014 Judge 09-03-2016 17-03-2016 Evidence
5100176/2014 Judge 17-03-2016 29-03-2016 Evidence
5100176/2014 Judge 29-03-2016 26-04-2016 Evidence
5100176/2014 Judge 26-04-2016 15-06-2016 Evidence
5100176/2014 Judge 15-06-2016 08-07-2016 Evidence
5100176/2014 Judge 08-07-2016 22-08-2016 Evidence
5100176/2014 Judge 22-08-2016 05-10-2016 Evidence
5100176/2014 Judge 05-10-2016 08-11-2016 Evidence
5100176/2014 Judge 08-11-2016 13-12-2016 Evidence
5100176/2014 Judge 13-12-2016 11-01-2017 Evidence
5100176/2014 Judge 11-01-2017 30-01-2017 Evidence
5100176/2014 Judge 30-01-2017 11-02-2017 Evidence
5100176/2014 Judge 11-02-2017 06-03-2017 Evidence









































































Sudershan Awasthi   23 February 2017 at 12:32

Arrest under negotiable instruments act


I have a problem that has been surfacing time and again.
Sometime back I was in trading business with a couple of friends through a LLP in Lucknow. In time my friends took loans from NBFC's and asked me to be a guarantor of such loans.
However as the business was not doing well I parted ways and moved out of Lucknow my home town to Delhi for better prospects.
But off late I have been getting court summons for cheque bounce from magistrates based in Jaipur courts. As I was unaware of any transactions my parents informed the policeman who had come with the summon to take it back as I did not live there.
This was almost 5 months back and few days back the same policeman returned with a arrest warrant for me eventhough my parents had explained him that I did not live there and gave the policeman the address of Delhi where I lived.
Even I spoke to the policeman requesting him on phone to send me the given summon and details.
However he remained adamant stating that this was a arrest warrant for me. He did leave after taking some bribe from my parents.
My query is that as per my understanding it was case of my friends/ex-partner case of non payment due to cheque bounce i.e 138 Negotiable instruments act can police arrest a guarantor.
Also since the arrest warrant was issued by a Jaipur based magistrate and given to Lucknow police then in such a case what is the next step that Lucknow police is to do if the person is arrested.
Will the arrested person get bail from Lucknow police or have to be taken by Lucknow police to Jaipur to the magistrate to get bail.
As of now the issue was taken care by friends lawyer but I would want to understand the implications and if needed have my own legal counsel.
A good advice from the learned members of this forum would be greatly appreciated.

BRIGADIER RM SHARMA   23 February 2017 at 11:59

Epf applicability

Dear Sir,
We are an RWA of a plotted colony where maintenance services including security, water, roads, street lights, horticulture etc. are provided by the developer. We have only three employees viz. office assistant, mali & safaiman.
Recently one person from EPFO visited us & carried out inquiries regarding security guards employed by the developer. Later he has sent us a letter that "activities of our establishment are covered under class of establishments to which the Act applies as mentioned at Ser. No. 57 of the list, notified vide notification No. G.S.R.1294 dated 16th Nov 1974 which came into force w.e.f.30th Nov 1974."
I would request for advice whether it is applicable to us despite not having 20 employees & not carrying out any commercial activity for profit.
Regards
Brigadier RM Sharma

Ahana Majumdar   23 February 2017 at 11:38

Legal action for biased system

Respected, Experts,
I am from West Bengal, Seeking advice for my sister. According to my previous quiaries, you adviced to lodge F.I.R on the ground of harassment (physical and mental), demafamation and IT act. I followed your advices, the accused person arrested but got bail on the ground of fault to I/O because who was the below the rank of I.C. The case has been filled. It is now more than 2months. But no investigation has happened still yet and not even police has asked us for evidence, and also it quite shocking that the subordinate bar council, lawyers including public prosecutors, police all are entertaining the accused person with his family. As I said before, the accused person is an advocate and has strong political power. Total legal system is biased for his power. The accused person showing flash photos and flash massages, call list of my sister and it becomes hot cake to the police station and court area and they threatened my sister and my family. the system is presenting the case as light weight matter. We have the proof to prove him wrong. But no one is asking us to show the evidence, infect legal systems are trying to resist us from taking the case for the trial. According to your advice, I meet some higher authorities but it seems they are also biased. Infect now I come to know that our consulting advocate is also biased. It becomes life risk for us, even I am sure that we will be murdered definitely, it becomes too risky that we can't go out anywhere alone. Please, advice me what to do now?

Manju Thakur   23 February 2017 at 11:29

Tenancy rights

Dear sir I need your suggestions ,my father had come down to Mumbai in 1957 and he purchased a house in 1962 under the pagdi system.We're the land owners father was the legal owner of the house .In 1960 my father purchased it in 4500 with a legal document stating that I so n so has sold the house to my father in so much cost and agreed to take rent .....Later the landlord died and the property is not transferred to the son....But last month the son came and told my parents to take the amount 4500 and leave the house.we still pay him the rent.he has other tenants but they pay the rent to BMC Nd not to him it's only we who pay to him.we have taken our own water connection he did not supply any water to us our house was falling.as it's a very old chawl construction....We have repaired on own which he complained to BMC and later BMC came to take action we showed them he is redeveloping his house but not ours so we Havas to take action or our house would have fallen down aas it's a mud construction....So as a land lord he has not participated in any of our construction activity...We had to do it on own.now my family has shifted to other locations and we want to give that house on rent....What is the rules that we can do so ....As we asked him but he has denied of keeping any other person on rent....And secondly he trouble a lot as we have one joint wall which is his kitchen and bathroom.he keeps growing water which has damaged our furniture and we had to throw it off.....
Sir kindly guide me what can be done.we stay in Mumbai.pls we need a help

Vijay Kumar   23 February 2017 at 10:59

Benami property

Sir My question is regarding Benami Property as like :

Original Allottees Say Mr. A and Mrs. A has been allotted a DDA Plot by DDA on leasehold basis. Mr. A and Mrs A sold out a his DDA plot to a financier Mr. B for an amount of Rs.30 Lakhs on lease hold basis by executing agreement of sale in 2015 in the favor of Mr. B. No sale deed was made and registered between Mr. A and Mrs A and Mr.B before 8th November 2016 to avoid the stamp duty. There is no clarity on Payment mode between Mr. B and Mr. A and Mrs. A and No idea about registered Power of attorney between Mr.A and Mrs.A and Mr.B.

Later on, in Sep 2016, Mr B (first party) made an agreement of sale of same property by mentioning "forself and on behalf of Mr A and Mrs A" to sell this property with freehold right to Mr.C (second party) for sale amount of Rs.44 Lakhs (Rs.10 lakhs as earnest money and Rs.34 as balance money to be paid at the time of registration of sale deed). Mr. C paid earnest money to Mr. B by cheque at the time of execution of agreement of sale between Mr. B and Mr.C. One thing has been mentioned in agreement is that First party shall execute the deed.

Now Mr A and Mrs A (Original Allottees) applied to DDA for freehold the property after date of agreement of sale between Mr. B and Mr.C. Mr. A and Mrs. A got conveyance deed of a house at same plot in his name i.e. Mr.A and Mrs. B in November, 2016. Now there is no construction. Only vacant plot is there. No electricity, water connection is there. No body is living there.

Mr. C had applied for bank loan to pay out balance amount of Rs.34 Lakh. That amount to be paid out to in the favour of Mr. A and Mrs A. Mr. B said he will return the Rs. 10 lakhs to Mr. C and then Mr. C will pay the amount to Mr.A and Mrs A to show as margin money for the purpose of bank loan. Now Sale deed will be made between Mr. A and Mrs A and Mr. C and same will be got registered by Mr. C.
My questions are that:
1 Whether these transaction come under purview of the Benami Transactions (Prohibition) Amendment Act, 2016.
2. Who will be the culprit?
3. There are any legal remedy available in view of Policy of Demonetisation by Central Government on 8th November, 2016.
4. Whether Mr A and Mrs A are transferring same property twice i.e. firstly from Mr. A and Mrs A to Mr. B and secondly Mr. A to Mr. C.
5. What will happen about deal made between Mr. B and Mr. C?
6. Can Mr A and Mrs A are benamidar as per Benami Transactions (Prohibition) Amendment Act, 2016. if so, Can both transfer the same property to Mr C.
What are the legal remedies to Mr A & Mrs A; Mr B and Mr C .

Ayan   23 February 2017 at 10:14

Tenant problem

A lawyer issued a legal notice to quit premises to a tenant. The notice contain some
Wrong data by mistake (Old landlord could not recall properly). Tenant has received the noticed.

Now the landlord has got DLA(district legal aid) help and new Lawyer from them.
New lawyer want to send another notice with correct information.

My question is
1) Is there any problem if more than one (two) notice have been serve to tenant?
2) Is there any legal issue if more than one (two) notice have been serve to tenant?
3) Will it effect on eviction case if there some wrong data on legal notice send by lawyer?

pgindia@gmail.com   23 February 2017 at 09:36

Hyderabad road tax for delhi car

Hi,

I purchased a car with delhi number and now bringing it to hyderabad as i would be here for long time. Can you please help me:-

1. for how much time I can run the car without paying road tax etc?

2. Do i really need to pay road tax as i read about some notification of high court to abolish the same?

3. Should i pay road tax or register the vehicle and get TS/AP number. Which is better to get?

Thanks
pg

rajan chopra   23 February 2017 at 09:25

To perform on behalf of complainant in cheque bounce case

Sir my friend got some payment through which on presentation dishonoured and my friend gave me General power of Attorney to do and deal with all the aspects of filing complaint u/s 138 of N I Act such as on his behalf sending notice filiing complaint filing affidavit and appearing and to depose also. Is all these legally petmissible ?