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neha   11 June 2015 at 12:37

Jugdements of pari-delicto

Can anyone provide case laws on pari-delicto u/s 420 & 406 in which the accused is acquitted??

R.Ramesh   11 June 2015 at 12:22

Leave policy

Dear Sir,

If Doctor's working as an employees in private hospitals in hyderabad for 7hrs or 8hrs per day on monthly salary basis are they eligible for leaves like CL, SL and PL as per law or not.


Thanks & Regards
Ramesh

Varun Joshi   11 June 2015 at 11:46

Right to audience in a labour court.

There is a lot of discrepancy regarding who has a right to audience in a labour court. Section 36 of ID act says No advocate can practise in a labour court unless accepted by the union. But the order 3 of cpc says only recogonised agents can appear in courts of India. Section 33 of Advocates act also states that only Advocates have the "Right to Audience". But i came across a report by NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION which states the word 'agent' applies to anyone authorized by the plaintiff. And the learned advocate Gopal Subramanium says supreme court has 'deprived' right to lawyers in the labour court. How does all this add up?

delip   11 June 2015 at 11:11

Sc/st altorcite a

Dear sir

I am delip my brother got marriage with sc community problem is now after my father death my brother is staying in my house which got through will deed made by my father on my name.My brother and his wife filing the sc/st case against me and my wife in 7july of 2011 taking the stand of my mother and sister after investigation the station officer had confirmed the case is false after that i have filed the eviction suit against my brother in the court which is pending and partition suit is pending in the court but now they are trying to file the another st/sc case on me and my wife what to do now please heip in this regards

vivek   11 June 2015 at 10:53

Maharashtra govt reduces stamp duty for blood relation property transfer

this law has been brought into effect from 24 april 2015
does this law has any retrospective effect?
if so, can i get a refund
my dad gifted me a property on nov 3, 2014

abhijitmahanty   11 June 2015 at 10:04

Rwa

Dear Sir,

I am a resident of one of the apartments in Sarjapur Road (Bangalore). We have our RWA which was formed since last three years when the 1st block came up, with the impression that they will work for our issues with builder, improve the ameneties and bring people more closure. The fact is that the current RWA have completed their tenure three months back but still continuing and not planning elections. There is no secretary as such. There is another group called core committee. I became a member of this core group to ensure we get all our promised dues from the Builder. This group are members from previous RWAs and some new residents. They are appointing another new members at their own wish and comfort. They are neither interested in resolving the issues themselves or allowing us to resolve the issues ourselves. We suspect some of these persons have vested interests.

My question to the experts to these forum is:

1) Can we form another RWA since the existing one is not registered yet?
2) We fear once builder completes the hand over process and the RWA is formed we cannot rectify things later with the builder?
3) What can we do to oppose this existing RWA (controlled by 10-12 persons) which we think based on their activities has selfish motives?

Regards,

Abhijit

Dr.B.Ravi Kumar   11 June 2015 at 07:31

Criminal medical negligence

The merit of the case is the death of a 24 year old lactating lady with an one year old child. The gynecologist(second accused) administered inj.Ampicillin for renal colic. This was not warranted. The final diagnosis of the gynecologist is pelvic inflammatory disease. But the gynecologist has not done a per vaginal examination which is the sheet anchor of the diagnosis of pelvic inflammatory disease. The test dose was not properly done and the total dose was administered. The patient started having breathlessness, HALLMARK of allergic reaction for which inj.Diazepam was given by duty doctor (first accused)who is 60 years old. The patient stopped breathing and the anesthetist came and intubated her. Then the anesthetist(third accused) ABANDONED the patient.
The patient was then referred to another hospital for ventilatory support. At that time a reference letter was given to the husband of the patient. The reference letter(evidence act 106) is silent about both injections Ampicillin and Diazepam. Subsequent conduct(evidence act 8) in the sense in consumer forum Kollam, State consumer forum Trivandrum, Sessions Court Kollam and High Court of Kerala they are silent about Inj.Diazepam.
The stay for the criminal case will expire on 30/6/15. They got the stay stating that they want to appeal before the Supreme Court.
The charge is under I.P.C. 304 Part(II) based on I.P.C. 299(3). This is because of the following explanation. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. But I feel it will come under I.P.C. 300(4) since the INTENTION was to hide the incompetence with FIRST degree KNOWLEDGE that DEATH is IMMINENT (with a high degree of probability which is only a mathematical proposition) if the antidote injection Adrenaline is not given. In this case POSSIBILITY(not probability of DEATH) is 100% if the antidote is not given because of CONCEALMENT of drug history.

rameshpatel   11 June 2015 at 05:00

Stay on property

I signed a purchase agreement for a property, due to some personal issues I could not make the final payment before the specified contract closing date. The seller gave me cancellation notice and cancelled the contract and forfeited my deposit. After 3 years of the agreement date I filed a law suit for specific performance & money recovery. So far the court has not served the summon to the seller.

I found out from my sources that the seller has recently transferred the property to their relative.

Can I still get a stay on the property now owned by new owner?

If I win can I get money judgment attached to the property owned by the new owner?

VINOD   11 June 2015 at 02:45

Sale of flat in a cooperative society in kolkata

I have a flat in a cooperative society in kolkata. i wish to sell it. i have been asked by the secretary to submit my membership certificate to the society along with a letter saying i wish to sell my flat to the buyername and wait for at least 1 month for the society to decide whether or not the said buyer can be taken as a member of the society. the society will put up a notice giving details of the buyer and if any existing member of the society objects then the buyer will not be taken as a member.this is my understanding so far. i wish to know the sale procedure in this case and how should i proceed so that i can sell my flat without any legal hassels.

rimi   11 June 2015 at 00:38

498a/dv

i had shared my unfortunate married life details earlier. i read a lot of people helping out husbands as victims of 498aictims. what about our indian society where many of these cases are not false but true and wife's are the victims. whether they chose to fight case or not. their life including their children are shattered by dowry demands. i want to fight my genuine case myself. experts who feel that a women should also learn to fight for torture dealted out to them just bec they r considerd the weaker sex, please help me if u can with judgements where a wife was able to prove truth in 498a?
or at least tell us how to search for it, what and how are evidences to be presented. i tried lot of sites but couldnt make any sense on indiankanoon, etc websites.
please help i am in dire need??