LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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rajkumar   20 September 2015 at 13:08

m.o.u

Whether the m.o.u signed out of court and just notarised but not registered in court of law is valid

Rastogi   20 September 2015 at 12:46

Cross appeal

During trail court out of 5 issues 4 issues were in our favourt(Plaintiff) and 1 issue was against us(Plaintiff) and decree was passed.

However we(plaintiff) filed first appeal and claimed the entire order to set aside.

Defendants did not file any cross appeal in first appeal on 4 issues.

Can defendants again argue on 4 issues which was not in their favour in trail court but they have not filed any cross appeal?

Nishant Sharma   20 September 2015 at 09:09

Issuance of no objection certificate for outside employment

Presently I am working in Allahabad Bank as PO and I am under probation for 2 years since date of joining. I applied for Central Railside Warehouse Company (CRWC) and cleared written examination and called for interview. In interview I was asked for NOC. However as per circular of my present employer (Allahabd Bank), " No Application Job/NOC for outside employment will be forwared during probation period".It also says " You may leave the Bank's serviceby paying the amount specified in the Financial cum Surety Bond executed by you".
I showed this document to CRWC personnel but they insisted for NOC. I contacted by Bank for NOC but they asked me to show circular and refused to give NOC. Now my question is :
1. DOes this mean that I will ben ot issued NOC from my employer during NOC?
2. If NOC cannot be issued during probation if NOC cannot be issued then why other PSUs are asking for it?
3. Does this mean that now I have become slave and bonded labour of Allahabad Bank?
4.If this problem cannot be resolved where should I appeal apart from Allahabd bank to get the problem resolved as soon as possible?
5. Allahabd Bank is curbing my Fundamental Rights of Right to Life by not giving NOC to me.
Your kind guidance is required for me urgently. As I am appearing for other examinations and this NOC issue will make me ineligible for all such jobs. So please prvoide me better options to resolve this.

crpc   20 September 2015 at 09:02

Contract / agreement ?

Dear All Learned Advocates,

Yesterday I visited a bank with the purpose of loan. All things were final, but when I asked a copy of my dual signed forms/document I am submitting to bank, they denied with the name confidentiality.

My simple question is -

1. If the particular document is duly signed on revenue stamp, how it is being confidential by me specifically ?

2. As a basic rule of thumb, I usually keep one copy of a document signed by me as a record, is it wrong practice ?

3. Whats Indian Contract Act 1872 Says regarding same ? Surely those documents were comes under contract. Can one party/Organisation have capacity deny for providing the copy of document ?

4. If one party is denying, then what remedy / legal action can be taken by second as per law ?

Kindly accept my honorable thanks in advance to all.

ashish   20 September 2015 at 08:04

my father rights in land

We are from Bihar and Hindu family.My grandfather has died in my father childhood. My grandfather has one son (my father) and one daughter (my aunty). My father done my aunty marriage 40 years ago. My grandmother is living with us. After died of my grandfather my father earn money and bought land in the name of my grandmother. Now my grandmother wants to give property to her daughter (my aunty) only. Kindly let me know is my grandmother give land to her daughter only, what would be my father right as a son in property? What action can we take for our parts in land?

Member (Account Deleted)   20 September 2015 at 00:23

Domestic violence by wife

Respected sir/madam,

Video footage audio clip of any violence by wife, how much valid in the Court, i am a PSU bank mgr, getting this physical harassment several time without replying, one of my friend advice me to capture clips so i captured one of such incident fully, where she kick me atleast 5 times abusing me and my parents with unutterable slangs. I did two GD in local police station, one infront of her today, mentioning kick and slap she agreed in the gd she has also put a complaint against me, we gone there together.i have also visited local clinic and reported several minor injuries mentioning last gd number which was just done before. I stay in navi mumbai, originally from Kolkata. Having arranged marriage 2 yrs back. Pls advice me further, she doesn't even go to his parental home, nd her mother also using abusive language nd threatened me several times when ever i called her for the same in the past. Is there any solution over this legal terrorism.

Member (Account Deleted)   20 September 2015 at 00:19

Under what provisions documents are exhbited

1.At what stages and under what rules of CPC documents related to case can be tendered /submitted by plaintiff
2. Can some additional documents can be submitted after evidence of plaintiff side is completed
3. Can plaintiff submit documents during CE
4. Can any document be tendered and used during arguments stage, besides case authorities?

vishhal khandelwal   19 September 2015 at 23:10

illegal sale

My ciusion grandmother who was widow as well issue less claimed the half property in 1942 she won in upper court but in high court she defeated in 1964 .indiankanoon.org/doc/448794/ this is the link ( judgement of high court) she sold a property in 1982 ot alloted to her we are fighting a case against this sale made by her . What are the laws that suppprt my case.

gauvaskum   19 September 2015 at 21:34

Jurisdiction on perjury

I have a maintenance case @125 CrPc which is disposed ex-partiate based on the affidavit and witness of my wife, where she says she has not withdrawn money from the ATM of her account where i deposited money and also claiming that she is not working. Lately i found out that she has been working in a school during the pendency of the case. The judgement was given by the District Family Court. I tried to file a perjury application against the two facts mentioned above in a JMFC court. The matter is not being accepted as the JMFC Judge wants clarity on the jurisdiction of the complaint. Any citation where the JMFC court has accepted such complaint subsequent to Order is required urgently. Request for your cooperation, this shall save me from grave injustice.
Thanks & Regards

PS: you may contact me at gautamkum@yahoo.com

murali mohan c   19 September 2015 at 20:57

children in charge of their parents

Dear sir in case of parent and child where daughters still marriage will be in custody of her parents.. My case is tat one of my client by name suma signed release deed when she was 21years and graduate the deed is registered one .. Later after one year her marriage was performed later she approached her father but he said nothing to give... Now almost 2years passed after signing release deed tat to for only ancestral property.. Property is ancestral no consideration paid in the said deed... Will this case will be an undueinfluence where she was under parents charge and signed ..