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rayu mahambare   31 October 2015 at 17:34

Whether revisional order can be challenged before high court

The Labour Court passed an order of clubbing two ULP Complaints together. The said order was challenged before the Industrial Court in Revision which was dismissed.

Whether the said Revisional Order can be challenged before High Court ?

Plz guide me in detail.

Thanx .

SAMIR SHAH   31 October 2015 at 17:04

Misrepresentation/ fraud

1.WHICH ARE THE SECTIONS UNDER WHICH I CAN
FILE A CRIMINAL CASE FOR A MISREPRESENTATION
BY THE PARTY.
2. FOR BREACH OF CONTRACT.
3. FOR FRAUD

santosh   31 October 2015 at 17:02

Property divided

Hi,
My family is joint family till now.
my father is 2 brother and 4 sister.
and my grand father property in very less.
my father was in govt and he purchacase all property and make home as well they carry whole family of brother also including child nice nephew study to marriage...all money spend by my father... my uncle do nothing..whole life....my father now told that we equally divided all the land in all the son means in 3 parts 2 brothers me and my cusion, now my uncle demanding half property.... till now spend money by my father even they take food of my father money....
Please suggest me that if they case file in coart what will be the coart decesion half or my father choice....
Please reply on mail id

mail2santosh.sneh@gmail.com

Thanks

joy   31 October 2015 at 13:12

Wife threatned suicide once and short temper..now wants to rejoin

I got married on April, 2015

Since day one she used to throw tantrum about how she can’t adjust to the new environment and doesn’t like the way I am. In May, 2015she went to her parents place. I went to take her back in June, 2015. She fights for small matters i.e. coming hair, which colour of shirt I should wear, I should call her when I leave office and call back every time she gives me missed call. Due to her hot temper problem, she doesn’t have control on her emotions and used to go to her relatives place every now and then. She stayed roughly 2 months in our home.

Her relatives make her understand many times to adjust and live good life but she is adamant. Now in mid-July, 2015 when her relative come to our home they revealed that my wife threatened them to commit suicide if they don’t listen to her. After hearing this, we all family members are scared for our life if in case anything goes wrong.

After her relative left, she stopped eating and won’t talk to anyone. She dismantled her phone so that no one can call her to calm her down from her parent’s side. So I called her brother to talk to her, he took her to their place for a week. After that her parents came and took her to their place.

Now after 3 months, all the person from in laws side accusing us of bad treatment to her and calling to take her back to our home otherwise they will take legal action against us. Me and my family is going through really tough time and not able to find the cure.

1. What remedy I have to safeguard my family from such threats?
2. What If I take her back and she does something nasty to harass me and my parents.
3. I am living with my parents and siblings under one roof.
4. She has made tons of accusations ranging from unnatural sex, not being given food, not given money to spend, torture and many more.
5. Her father says that give one chance and forget everything ? Can I trust him ?

I request your help to decide on above.
Thank You

Yugesh   31 October 2015 at 12:32

Section 26 or 7r1

Hi sir,

could you please tell me what is section 26 or 7R1 ?

is it a case filed between wife and husband ?

Law Querier   31 October 2015 at 11:58

Fresh divorce petition shall be barred if converted mutual divorce petition disposed?

Earlier petitioner filed a divorce petition(X) (u/s. 13(1) (i a) of Hindu Marriage Act) under the ground of cruelty in the family court. Then after, the contested divorce petition(X) was converted into mutual consent divorce petition(Y) (u/s.13B of H.M. Act) by the consent of both the parties. After that the respondent withdrew his consent from the mutual consent divorce petition(Y). So, the petition(Y) had been disposed by the Court.
When the contested divorce petition(X) was converted into mutual consent divorce petition(Y) and when the mutual consent divorce petition(Y) is disposed by the judge, the petitioner had not sought permission from the court to file the fresh divorce petition in future and the court has not granted permission to the petitioner to file the fresh divorce petition in future (Z) according to Order 23 Rule 3 & 4 of CPC.
Then, the petitioner did not approach to high court in time limitation. But, the petitioner has filed a fresh contested divorce petition (Z) (u/s. 13(1) (i a) of H.M. Act) in the same family court by mentioning same old allegations with adding the new allegation and mentioning the different cause of action than the earlier pettion(X) that, "the act of respondent for earlier converted the contested divorce petition converted into consent divorce petition and then after withdrawal of consent from the M.C.D. petition(Y) has treated petitioner with cruelty". The Relief claimed by the petitioner in fresh divorce petition (Z) is as same as the relief claimed in older divorce petition (X).
1. Can the petitioner be precluded from instituting this fresh suit under fresh divorce petition (Z) and Can the petitioner be liable for such cost as the court may award according to Order 23 Rule 3,4 of C.P.C?
2. Can this new suit under fresh divorce petition (Z) be barred under Section 10 of C.P.C (Res sub judice)?
3. If answer of question 1 or/and 2 is in positive then what other remedy available for petitioner if he/she wants to divorce from respondent?

sankar Krishnamoorthy   31 October 2015 at 11:56

Eviction suit

DEAR EXPERTS OF LAW,NAMASKAR TO YOU ALL.FIRST OF ALL THANKING ALL OF YOU FOR YOUR VALUABLE GUIDELINES IN THIS FORUM TO VARIOUS PERSONS.

REGARDING MY QUERY,I WISH TO STATE I HAVE FILED A PARTITION SUIT IN CITY CIVIL COURT ,CHENNAI,AS A PETITIONER IN THE CAPACITY OF A GRANDSON OF THE FIRST LEGALLY WEDDED GRANDMOTHER TO MY GRANDFATHER,WHO DIED LONG AGO. NOW THE HONORABLE COURT HAS granted the interim injunction ,restraining the respondents/ defendants and their men from encumbering the suit schedule properties till the disposal of the suit AND ALLOWED OUR I.A PETITION.DEAR EXPERTS,THE PROPERTY IS UNDER DISPUTE .Paramour of my late grandfather is occupying the property now,with A married son,and his family since 1988.CAN I FILE AN EVICTION PETITION NOW OR CAN I WAIT TILL THE DISPOSAL OF THE SUIT? THEIR LAWYERS ARE ALSO NOT APPEARING FOR THE LAST 4 OR 5 ENQUIRERS,as they are not asked by the dependents to appear for them.

Kindly guide me experts.

Thanks in advance to you all and warm advance festival greetings.

tapan   31 October 2015 at 11:15

wrong criminal case...


In our society, there is a person who did not pay any maintance fee and by profession he is a lawyer. So his maintance case is still going on court. Due to this case , he file criminal case on society member. He is handicape and lawyer so getting help of handicape and file criminal case on society member. Memeber gets bail from this case and matter going on in court. Now what should i have to do in this case. All complain done by him is wrong and harrase the society member. Should i file complain against him or on which ipc act ?


















prakash   31 October 2015 at 10:59

Gratuity is included in ctc

Dear All,

Myself Prakash, I served for 3 yrs. 8 Months in MNC company, In my last increment letter Gratuity amount is included in my CTC and NOT mentioned about the service of 5 yrs.(240 Days) as per Gratuity ACT, Now my employer is denying to pay my part of contribution for Gratuity in F&F. Please help and advice.

Regards, Prakash

Anonymous   31 October 2015 at 10:25

can i file mental herrasment case

In our society, there is a person who did not pay any maintance fee and by profession he is a lawyer. So his maintance case is still going on court. Due to this case , he file criminal case on society member. He is handicape and lawyer so getting help of handicape and file criminal case on society member. Memeber gets bail from this case and matter going on in court. Now what should i have to do in this case. All complain done by him is wrong and harrase the society member. Should i file complain against him or on which ipc act ?