Adv. MUKESH CHAUHAN
13 May 2015 at 12:53
'A' borrowed Rs. 50,000/- as loan from bank under PMRY scheme in September 2004. "B" stood surety for 'A's loan. 'A' bought some musical instrument and started his business. But business failed at inception and 'A' stopped repayment of loan after paying first three installments. Bank officials did nothing i.e. they did not confiscated musical instruments to protect the loan amount. In the meantime, 'A' sold instruments and misappropriated the money. Almost upto August 2014 bank did not take any action to recover the loan from brower. In august 2014 legal notice served to surety to repay the loan amount with interet i.e. Rs. 85,000/-. And then in October 2014 bank filed recover suit in the court.
In the above said period of 10 years, surety never signed any document.
My queries are as follows :
1. Is the suit is maintenable under Limitation Act ?
2. Can bank file recover suit after ten years of loan default.
3. From which point cause of action arises? from the first default by borrower or from the date legal notice issued to borrower & surety.
4. what is the remedy for surety ?
Gaurav Gujrati
13 May 2015 at 12:13
Dear Sir,
Please let me know about the Reference Matter & Recovery Matter under Labour Law..
Thanks & Regards,
Gaurav
kayone007
13 May 2015 at 12:08
Hello Experts,
My wife had joined some local company as a fresher.
But at the time of joining company, Company has asked to signed a service bond of 40,000 for 16 months saying this is for Tally training provided by them..So in the case of breach of the contract, my wife needs to pay of 40k to them...they have also taken 10th and 12th original marks sheets from her end so that without 40k she should not except from the company...
Slowly and gradually time flew and she is encountering that profile doesn't suits her need and its totally a BPO kind of Tally training nothing like professional training by some experts...Some 2 year senior person is giving training just by reading notes which is no where helpful for her to get her expertise on that tool..
Each month, on 7th her salary should be credited to her account but company also giving lots of excuse for not giving salary on time...this month they are not giving salary with the excuse of she has taken a day sick of so she is irregular and once she would come to office regular then they will give...
I don't understand how come a day off to work becomes a employee as irregular.. for this I do have all the proofs of her presence in the company..This month ufcorse she has taken 3 leaves for her post dental impaction surgery health issue and properly furnished medical certificate also..Though daily her leaders are giving different excuse for delay of the salary..Don't know how to tackle this...She wants to quit the company by any hook or crook but thing is 40k + those 10th and 12th Original marks-sheet she has to get back which is crucial at this stage and circumstances...
Please do do help by providing your expert advice for get rid of such junk 40k contract and getting her original certificates back..
I have attached the bond signed by her....its just on a normal written printed paper without any kind of notary stamp on it...But I am not sure that such bonds is legal enough so that the company can take action on the basis of it or not ????...
Please help me out to fix this out asap..
Regards,
A needy...
Member (Account Deleted)
13 May 2015 at 12:05
Hi All,
I was working with Xerox, Noida as Sr. Analyst from 32 months. I have received a better opportunity so submitted my resignation to the organization on March 09, 2015. As per company policy, "either party may terminate the contract by giving a prior notice of two months to other party or payment of salary in lieu thereof. I have made a request to my Manager to relieve me by 17th April and ready to pay the short fall of notice period as cash. He simply denied my request by giving business need as the sole reason, and accepted the resignation by saying that we can't relieve prior to 30th April. Since I had to join the new organization, so I have wrote an e-mail to the manager and keeping all the upper management in loop that I will not be able to serve the organization after 17th April and this should be considered as my LDW. Mean while I have sent a legal notice through an Advocate regarding the same but they didn't reply. I have joined the new organization from 25 the April, meanwhile the HR sent me a show-cause notice for not reporting to Xerox Noida office from 18th April and asked to me to report on prior to 12:00 noon on 28th April(even though I have received the courier on 28th Evening).I have replied on this matter through e-mail. At last they sent me a termination letter stating that “you were asked to report to work no later than 28th April. The company has failed to get any response from you on this matter, so your service from Xerox have been terminated effective 28th April”. I want them to provide me proper reliving with exp certificate.
I am harassed by them from last two months and my work at current organization also gets affected.
aditya dwivedi
13 May 2015 at 11:33
Hello,
We are going through a long unresolved dispute on the encestral agricultural land between my father and my uncle. My uncle is much yonger tahn my father.
My uncle is not allowing my father to take a single penny from the property. My grandfather is alive and he is under the control of my uncle. He says the same thing what my uncle ask him to say.
He is not allowing the partition and my uncle is taking the benefit of whole land from last so many years.
My father has been retaired from the services.
Also my uncle has taken away 2 acers of land on his wife's name from my granfather.
Kindly suggest us what we can do for the partition and how.
Looking for your kind suggestions.
Regards,
Aditya Dwivedi
9958288195
Sandeep
13 May 2015 at 11:24
Dear sir/madam
Recently i came across gazette notification of New Pension Scheme(NPS).I realized that it contains a translation error.It says in hindi that" परिभाषित लाभ पेंशन तथा सामान्य भविष्य निधि के मौजूदा उपबंध केंद्र सरकार की सेवा में आये नए प्रवेश कर्ताओ को भी उपलब्ध होंगे |(The existing provisions of defined benefit pension and GPF Centre will be available to new recruits of central government.)"
The same sentence in english contains correct meaning i.e The existing provisions of defined benefit pension and GPF Centre WOULD NOT available to new recruits of central government.
My question are
1. Can we challenge applicability of NPS on the basis that a person who dont know english can get different meaning.
2. I filed a RTI whether any calrification/corrigendum has been issued till date.reply given to me is that there is no corrigendum/clarification is given with respect this notification.
3. Is there any rule/court jaudgment available which says about englisg superiority(i.e if there is difference in meaning english will be treated as correct version).
kindly guide me
I am attching the Gazette notification
anil sharma
13 May 2015 at 11:09
hello respected experts
lower court issued decree in favour of me but my agaist party file first appeal under order 41 rule 1 in appeallate court, but after filed an appeal, 2 years has passed, appealate court did not made any hearing due to appealleant advocate take date for prepration for argument,
what is option for me for hearing and decide my case
need your suggestion pla
thanks
BRIG SHYAM HANDA
13 May 2015 at 10:18
A freehold plot was registered by my father 50 years back on the name of my eldest brother since he was to raise loan from the department to complete construction of single storey.It remained joint family venture till 86. A family agreement(unregistered and without witness in attendance) written by father and duly concurred by the eldest son whose name the property was registerd, was sent out to all brothers and sister. Youngest two sons were permitted to construct their respective floors and the existing floor went to the eldest brother. These three brothers compensated the 4th brother as per directions contained in the agrrement. There is no will. two floors were constructed with self financing but it stood in the name of the eldest brother. Subsequently he declared ownership right and freedom to use respective floors by his younger bothers. He also declared that he had not spent any penny on these floors though water and electricity meter remained on his name. House tax was shared by three on completion of two floors. First Father died and eldest brother also passed away suddenly due to heart attack. family deed remained in draft state. Ground floor was occupied by his widow, and with partition in between, two sons. First and second floor remained in possession of the respective younger brothers for 18 years before they physically moved in after retirement. New Water and elecricity meters after obtaining NOC from the legal heirs, were installed/ trqnsferred on their names and rather sharing , they started paying house tax for their own floor. After that nephewes started misbehaving and harrased 2nd floor occupant being a widower and all alone by himself that he handed over possession of his floor in exchange of some token money. For 18 Years after death of brother, the property was not mutated on the names of legal heirs wife and two sons. Within two months of mutation second floor only the constructed portion without roof right, was sold on three times the amount paid to uncle to some close friend the eldest nephew. Then the younger uncle on the first floor became target but he withstood the slaught. He and his family is continuing to occupy his floor. Unfortunately younger nephew expired followed by mother, widow of the late eldest brother, original registered owner. Now first a partition deed was struck between eldor son and the widow of the younger son and in that it has been declared the complete three floors were constructed by thier father.They have 50 % of the Ground floor, and roof which was in common usage of three floors occupants till than and where water tanks are located and also unconstructed area on the second flloo. And the first floor under occupation of uncle is shown as common. After this she sold off one half the grund floor ander within year she rented out her new flat and in calendestine manner under the garb of temporary shed constructed fabricated shed with bath room and tiled and AC fitted room. The mounty is used as kitchen.Access to roof has been denied by putting lock and kitchen enroute.Plan is to rent it out to PGs and subsequently claim further share in case building is sold. She once again disturbed peace and also unlawfully served legal notice demanding rent for the floor.First notice was duly replied. Without disclosing notice she moved to another lawyer and repeated the notice. As senior citizen and retired senior army officer one feels cheated and disheartened after spending hard earned money he had to face such painful situation. However 7 months have elapsed since issue of 2nd notice but there is no furthe development. Advice is sought how to remove an un approved ftabricated structure from the roof now falsely claimed as floor, where no one used as dwelling place. Secondly what remedy is available to obtain title to floor under occupation for 30 years with owned meters, and house tax receipts for 10 years with affidavit from the original owner. What are the irregularities and improprities committed in all transactions done by tal heirs in overtaking the 2nd floor, on mutation document selling it , getting partition deed without any court clearance, claiming solo right on the roof etc. What is leg he leg al implication of issuing a notice of rent/ eviction and not following it up with proper court case.
aananth
13 May 2015 at 09:44
Hi Expert
After the High Court Order for a direction, I have found the CSR of the respondent No. 2 is a false or fake CSR. The respondent No. 1 is the State. If I find information under RTI Act 2005, what will be the implication? The respondent No. 2 if found guilty, what will be the scenario? As a petitioner how I have to proceed& Is there any limitation period?
Kindly guide me
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Pending 2nd motion of divorce by mutual consent
pending 2nd motion of divorce by mutual consent at Delhi from 15/12/2014 because of Quash Petitions not yet filled in high court at Kolkata by both parties as per the terms of agreement .
Pending cases for quashing from girls side u/s 498/323/406/325 ipc dated 16/12/2011 and from boys side u/s 341/323/506/341 ipc dated 30/01/2014.
there is apprehension from girl's side that the accused persons from boy's side who are not present at high court Kolkata at the time of quashing and also not giving their consents in the court may spoil future of girl by un necessary litigations.
we are from girl side ,we are present there many times but because of this we have not filled one sided quashing petition.
now our advocate has assured us that we may get suitable verdict that no one in future can file cases against each other in future.please comment.
my 2nd request from you that whether it is possible
to expedite quashing so that 2nd motion can file at the earliest and to get divorce.how much time according to you are reasonable for quashing.
is there any provision in court to get a suitable verdict in between (quashing of cases and divorce pending )for search of fresh alliance for marriage as the opposit party is not co-operating with us.
thanks & regards
my sister working in delhi after marriage she made a request and got transferred to durgapur to join her husband