durga
13 May 2015 at 13:59
Sir,
A trial under 498 A is going in the court since ten years. the chief and cross examination of the wife and her father is completed. One chief examination of other witness is also done. Now the accused parties have sent a proposal for out of court settlement. if the issue is settled out of court, what is the procedure to drop the cases at the court? the advocates of accused party and few other advocates in the same court where trial is happening said that cases cannot be dropped. they have to go on. but during the cross examination of the witnesses, they have to say that there were no dowry demands from the accused parties and we have filed a false compliant against the accused.This is not acceptable to me. i have not filed any false complaint. Please let me know what can be done to drop the case if the issue is settled.
durga
13 May 2015 at 13:35
Sir,
Whether wife has got right over husband's earnings and inherited property ? if yes, whether vice versa too holds good?
ragni gupta
13 May 2015 at 13:09
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
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
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Provision of law in civil suit
I HAVE FILED A SUIT ON SOCIETY REGARDING DISPUTE OF ENTRY IN A BUNGLOW. SOCIETY IS SAYING THAT YOU HAVE AN ENTRY FROM THE BACKSIDE OF THE BUNGLOW WHERE BEDROOM IS SITUTATED. I HAVE CLAIMED THAT I HAVE AN ENTRY FROM THE FRONT OF THE BUNGLOW FROM THE SOCIETY INTERNAL ROAD WHERE DRAWING ROOM IS SITUATED. SOCIETY TRIED TO DISTRUB MY ENTRY FROM THE FRONT SIDE, SO I FILED THE SUIT. OPPOSITE PARTY HAS APPEARED IN THE SUIT AND
AND MOVED AN APPLICATION IN THE COURT IN MY SUIT THAT COURT SHOULD COMPEL ME TO OPEN THE ENTRY FROM BACKSIDE OF THE BUNGLOW AND SHOULD FURTHER ORDER TO CLOSE THE ENTRY FROM THE FRONT SIDE. TRIAL IS ON. DURING TRIAL, OPPOENT HAS PRODUCED A LETTER FROM PLAN PASS AUTHORITY THAT I HAVE AN ENTRY FROM BACKSIDE OF THE BUNGLOW. AFTER THAT I PRODUCED A LETTER FROM PLAN PASS AUTHORITY WHICH STATES THAT ENTRY FROM THE BACKSIDE OF THE BUNGLOW
IS SHOWN IN ORIGINAL PLAN BUT THAT PLAN WAS REVISED AND AS PER REVISED PLAN YOU HAVE ENTRY FROM THE FRONT SIDE. DURING TRIAL I CALLED PLAN PASS AUTHORITY AS MY WITNESS. OPPOSITE COUNSEL HAS CROSS EXAMINED HIM. DURING CROSS EXAMINATION OPPOSITE COUNSEL HAS ASKED THE QUESTION RELATED TO LETTER PRODUCED BY OPPONET WHICH STATES THAT I HAVE AN ENTRY FROM BACKSIDE OF THE BUNGLOW. I OBJECTED THAT QUESTION THAT THIS IS QUESTION IS BEYOND
EXAMINATION IN CHIEF AND IF OPPONET WANTS TO PROVE THE LETTER OF CONTENT WHICH HE HAS PRODUCED SHALL CALL HIM I.E PLAN PASS AUTHORITY AS HIS WITNESS DURING HIS EVIDENCE STAGE. BUT COURT ALLOWED THAT QUESTION TO BE ASKED. AFTER THAT PLAN PASS AUTHORITY HAS REPLIED THAT BOTH LETTERS ARE CORRECT AND I HAVE AN ENTRY FROM BOTH THE SIDES. BUT TODAY I GOT A LETTER WRITTEN BY MY DEFENDANT TO PLAN PASS AUTHORITY ON WHICH THAT LETTER WAS ISSUED BY
PLAN PASS AUTHORITY TO MY DEFENDANT WHICH STATES I HAVE AN ENTRY FROM BACKSIDE. IN THAT LETTER WRITTEN BY MY DEFENADANT STATES THAT TELL ME THE ENTRY OF MY BUNGLOW ON BASIS OF ORIGINAL PLAN BUT THAT HAS REVISED. MY DEFENDANT HAS INTENTIONALLY NOT PRODUCE THAT LETTER AND PLAN PASS AUTHORITY HAS STATED ANYTHING ABOUT THIS LETTER BUT WRONGLY SAID THAT I HAVE AN ENTRY FROM BOTH SIDES. NOW I WANT TO CROSS EXAMINE PLAN PASS AUTHORITY REGARDING
WHERE HE STATES THAT LETTER PRODUCED BY MY DEFENDANT IS CORRECT WHICH STATES I HAVE AN ENTRY FROM BACKSIDE. UNDER WHICH PROVISION SHALL I CROSS EXAMINE PLAN PASS AUTHORITY AND FOR THAT I HAVE TO MADE AN APPLICATION IN COURT.IF YES, WHAT SHOULD BE THE CONTENT OF IT AND IS THERE ANY TIME FRAME TO MADE THIS APPLICATION.