Tom
21 June 2016 at 06:37
Arbitration Award (money) received under old (Pre-2016 amendment) Act. Debtor Company challenged Award in district court under section 34.It also petitioned for Stay on execution till Challenge OP is decided. Court granted ex-parte Stay till Hearing and sent us notices. Seems fair enough so far.Both petitions now coming up for first Hearing after 4 months.Will the Court grant absolute Stay till the OP is heard,which can take years ? If the court is inclined so,do we insist on some conditions for this stay ? What other options we have ?
Manoj Oswal
21 June 2016 at 06:11
There is a person with properties worth several crores. She became mentally invalid five years ago. She is bed ridden.
A public notice was issued by court under mental health act 1987. No one claiming to be legal heirs came forward. High court in a writ petition of habeas corpus has declared that she has no legal heirs. The high court has also declared that none of her properties will be transferred without permission of the court.
I'm her primary caretaker.
Now, this person is critical. I fear that all kinds of people will claim her properties and take possession. I know that all properties belonging to her should go to the state. However there is no known process known to me to get this done.
Can someone guide as to how can I apply on her demise to the court, to ensure that no one takes possession of her properties and they are handed over to the state government.
Manoj Oswal
mohitsharma
21 June 2016 at 00:23
my question is that.... i had a exam on 11/06/2016 of CONCOR. but my exam has been left .. reason by railway department. i booked a reservation barilly to lucknow on 11/6/2016 train time to depart on station 2.40 am but the has depart after 4.30 am and the reached time at lucknow of train 7.30 am but train reached on 11.15 am .
due to this my exam has been left.
can anyone tell me .. can i claim my expences and compention from railway department. if yes.... do tell me how?
i have all the proof and all the time record. how and why train arrived late at the station.
mohitsharma
21 June 2016 at 00:19
my question is that.... i had a exam on 11/06/2016 of CONCOR. but my exam has been left .. reason by railway department. i booked a reservation barilly to lucknow on 11/6/2016 train time to depart on station 2.40 am but the has depart after 4.30 am and the reached time at lucknow of train 7.30 am but train reached on 11.15 am .
due to this my exam has been left.
can anyone tell me .. can i claim my expences and compention from railway department. if yes.... do tell me how?
mohitsharma
21 June 2016 at 00:07
can a limited liability partnership company have two tin number in one state...... if not ...... the do tell me if LLP company wants to open franchize in same state but in different district... then whats the provision.?
plss answer me ASAP>
Prof. B.Krishna
20 June 2016 at 23:25
AFTER PREPARING AN HOUSE RENT AGREEMENT, WITH WHOM THE ORIGINAL AGREEMENT SHOULD BE? EITHER WITH THE OWNER OR THE TENANT?
RAJ
20 June 2016 at 23:21
Dear Experts,
A criminal case was filed on behalf on an elder brother against his own younger brother following a true incident; in which the younger one made a hidden attack inflicting serious injuries and harm on him one dark evening, on his way back home from the market.
Afterwards the younger ones wife filed a fake and fabricated counter case [ CMP through CRPC 156 (3)] charging the elder brother his wife and son on assault, theft etc.The charges were based on their false dramatised version that the three attacked the petitioner and her husband at an inherited joint propery ( for which a partition suit exists for the boundary demarcation of their proposed adjacent plots as Regular Seconds Appeal at the High Court) where the elder is living with his family in his own home in his proposed share for the past twenty six years.
The aforesaid fake case has the following remarkable aspects which establish the deceptive nature of the same also proving the innocence of the accused.
1. In the F.I.R the incident is said to have happened on 5th March 2010; but the private objection was filed and reported to the police on 4th May 2015 (after 60 days).
2. There are remarkable dissimilarities in certain details related to the alleged incident as documented in the statement given to the police and in the suit itself.
• A machete forcefully taken from the petitioner, was used for slashing three times in the petitioners left forearm; and was thrown to a nearby thicket as per the statement given to the police by her.
However in the suit that the same machete was specified to be in the respondents possession after using it for a single chop in her left forearm.
• The petitioner (younger brothers wife) was pushed down, kicked and forcefully stepped on by the three of the respondents as per the suit, but this was not specified in the statement to the police.
However in the statement it was specified that the second respondent (the elder couples son) pushed the petitioners husband down and the three of them together have inflicted physical harm on him.
3. A 30gm gold necklace was mentioned to be stolen from her (petitioner) by the elder brothers wife (as per the suit); whereas the same incident is not seen to be mentioned in the statement to the police.
Whereas in the statements given to the police; her necklace was pulled by the elder ones wife, which snapped during the incident.
A loss of Rs.40000 was made to the complainant due to the theft as per the suit but the same is not mentioned in the statement given to the police
4. Upon closer examination of the details in the statement given to the police the petitioner herself has frankly told; that as instructed by her husband the respondents son’s name was dragged in purposefully for making the case firmer for including serious criminal sections.(The police report confirms the fact)
5. Also in the statement to the police she pointed out similarly that as advised by her husband she has included the story of stolen necklace further to include the charges for theft, that too for a stronger case.
6. All the so called witnesses who claim to have seen the incident are the petitioners own mother, brother and husband.
7. There are also two ongoing criminal cases and a series of complaints at the local police station,all filed against the petitioners husband (following true incidents with court worthy documents and evidences), concerning inflicting physical harm on the respondents, causing damage to their household and property etc.
A prayer for discharge of the case on the basis of groundless and fake accusations under CrPC 239 has been filed at the first class judicial magistrate.By the virtue of your extensive experience and skilled expertise in the field kindly enlighten me on the following
A. Considering the above explained details would it be probable for getting a discharge of the case from the magistrate.
B. If the same is dismissed by the magistrate is there any option to challenge it at the high court under the crpc 379?
C. Would a direct quash attempt under crpc 487 at High Court could have been more effective in this case.
D. Is there any limitation for the appeals in the higher courts once a similar one is dismissed by a lower court.
E. Is the section CrPC 273 relevant/effective in this scenario.
Kindly share all the relevant strategies and moves effective in this case to prevent the innocent respondents from going through the trial for these false accusations (ie. Atleast by getting exemption from the personal appearance) ; by the advantage of quashing/discharge.
Dhrubajyoti Das
20 June 2016 at 22:46
Sir,
My Dad Haas Rented To A Tenant A shop 20 years ago, now my Father's Age Is near 70 , he is now retired from his private sector job , the agreement with tenant was made. Now my father wants to start a little business at his shop, he send a 3 months legal notice to tenant to leave the shop but the tenant is not replying and refused to leave the rented shop,
My question is An Evacuation case should start. But how long it takes ? I want to know max or minimum time period. And my Father's income is now became zero as he worked in private sector, rent is now 300 as per aggreement .. 20 year ago at the time of agreement the tenant gave 50,000 rs as advance, in 10rs notary paper agreement was made, may i expect a positive result from evacuation case ? Now my Father's only options is that shop for his earnings.
I want to know any legal tricks which will do some favor for my dad to take the shop soon.
May i force the tenant with local friends as the tenant is not very strong.
Thank you ...
Anonymous
20 June 2016 at 22:23
If lost in the lower court for case 138, then what is the time period for appealing in the higher court and the cheque amt is rs. 80,00,000 and order is passed double the amt. So case would be appealed for session court or high court?
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Service tax
In view of recent Delhi High Court decision that Service Tax Authorities can not conduct Audit of assessee.
I want to know
my audit was conducted in past and reversal of service tax credit ordered by AC on the basis of audit report is under appeal with Commissioner Appeals.
May I get the benefit of above decision?? If the audit is itself ultra vires of Service Tax Law, how can the service tax credit availed and adjusted in payment of excise duty can be reversed??