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Navi   21 January 2015 at 13:55

Arbitration

PARTY A APPROACHES ICA FOR APPOINTING A SOLE ARBITRATOR REGARDING A DISPUTE WITH PARTY B AS PER AGREEMENT CLAUSE. ICA APPOINTS A SOLE ARBITRATOR AND PARTY A PAYS THE REGISTRATION FEES. ARBITRATOR NOTICES PARTY B FOR REPLY TO CLAIM BY PARTY A. BUT PARTY B DOESN'T RESPOND. MEANWHILE PARTY A FOUND PARTY B STEALING ITS MATERIAL FROM A CONSTRUCTION SITE SO REPORTED AND GOT FIR REGISTERED AGAINST PARTY B. WHILE INVESTIGATION IT WAS FOUND PARTY B HAD FORGED AND FABRICATED THE DOCUMENTS OF GOVERNMENT AS IT DID NOT HAVE PERMISSION TO EXECUTE AGREEMENT WITH PARTY A. SO FIR UNDER SECTION 420,380,465,467,468,471,120 B WAS LODGED. PARTY B TWICE APPROACHED HIGH COURT FOR QUASHING OF FIR BUT PETITIONS GOT DISMISSED AND STRICT COMPLIANCE TO TRIAL COURT WAS ORDERED.
MEANWHILE PARTY B NOW APPROACHED SOLE ARBITRATOR AND FILED COUNTER CLAIM. SO PARTY A INFORMED THAT AS AGREEMENT BY LOCAL POLICE WAS FOUND TO BE FORGED AND FABRICATED SO AGREEMENT BETWEEN PARTIES A & B IS NULL & VOID AB-INITIO SO ARBITRATION CANNOT BE CARRIED.
SOLE ARBITRATOR GAVE EXPARTE AWARD IN FAVOR OF PARTY B STATING THAT PARTY A HAS WITHDRAWN ITS CLAIM
BUT PARTY A NEVER WITHDREW ITS CLAIM RATHER INFORMED ARBITRATOR THAT AS AGREEMENT BY LOCAL POLICE WAS FOUND TO BE FORGED AND FABRICATED SO AGREEMENT BETWEEN PARTIES A & B IS NULL & VOID AB-INITIO SO ARBITRATION CANNOT BE CARRIED SO NOW PARTY A FILED PETITION IN HIGH COURT FOR SETTING ASIDE ARBITRATION AWARD UNDER SECTION 34 OF ACT WHERE PARTY B WAS NOTICED. PARTY B CLAIMS THAT ARBITRATION AWARD CANNOT BE APPEALED.
SO I WOULD LIKE TO ASK THAT WHILE A TRIAL PROCEEDINGS FOR FORGERY & FABRICATION OF AN AGREEMENT ARE UNDER PROCESS, CAN ARBITRATION BE CARRIED ACCORDING TO CLAUSE OF AGREEMENT WHICH IS NULL & VOID AB INITIO AS ITS FORGED FOR WHICH TRIAL IS PENDING FROM PAST 2 YEARS

vikas   21 January 2015 at 13:33

Hindu sucession amendment act 2005

Respected Sir/Madam,

My grandmother was executed in the Rs.5 bond paper written Partition taken place in the year 18.07.1992 infavour of her 3 sons.The Partition had been taken place after the death of my grandfather,he was died on 1990 and again partition was taken in the year 28.02.2007 through compramise decree passed in the year-2007 in the civil court bidar because my father younger brother(Uncle) died unmarried.in the year may 2000 and his shares also divided between two sons through compramise decree meanwhile my fathers one of the sister(aunt) claim for ancestral property. She created registered will deed in the year 2004 from my grand mother and my grandmother suffered decease form BP ,SUGAR AND 2 TIMES HEART STORKE then my grand mother was died on 2008. my aunt marriaged in the 1990.

My aunt is able or not in the ancestral property.

please give the good suggetion.

Thanks and Regards,

vikas kulkarni.

brijesh tiwari   21 January 2015 at 13:24

International patent application on computer software

what is the process of filing international application on computer software? if it is not patent able in Indian then why it is necessary to take permission from controller u/s 39 of Indian patent act 1970? what is purpose of section 39?

Mohankumar   21 January 2015 at 12:13

Got legal notice.

Hi,

I bought a piece of land 6 months ago, after duly verifying everything and got my encumbrance certificate cleared. Now I got a legal notice from a person's Advocate. stating his client made a sale agreement 2 years back with full payment done. And asking me to cancel my sale deed. When I checked with earlier owner he says they are marketing persons and there is no such payment. but he agrees they made the agreement and it is not proceeded with actual sale. Also, the agreement is not registered.

What should I do now? Is their agreement still valid now? What will be my legal status and what should I do?

Balram   21 January 2015 at 11:31

Stop payment cheque effects-reg

Hello Sir,

I had taken a loan of 50000 from a friend relative. for the same i had signed a promissory note and gave a cheque.As per the term it was decided 3/- interest ie 1500 pm and 5000 principle paid to be together every month comprising of total 6500pm. i had paid the same to my friend for last 9 months and 1 months balance is due.For last 9 months i haven"t receive any call from lender.Know when i went to lender to pay last instalment, he is refusing to take the instalment and return my notes. i asked why in return he said that he haven"t receive any paisa till date.
i said that i had paid the amount to the so called friend and further said that he had collected the instalments on behalf of your name and previously you had said that i can pay in cash to that person.
the lender is talking in reverse mode that i do not have any link with that man
and i want my money back.
I further said that two of my known persons had taken loan from you and the same person is collecting instalments from them till now, then how could you reject the acceptance of my money which is collected by that person. he had i will call him and ask and later day both of them were on talking in their house.
now the second person ie my so called friend is making reverse drama of not taking of any money from me.And further both of them are advocate and they are blackmailing me of filling of U/S 138 NI Act.
Sir i have call records of both of their previous negotiations in which they accepted the taken amount and pending one instalment is due.
Know i want to know how could i face the situation and further i had given the instruction of STOP PAYMENT of Cheque when presented for clearance.
please give the needy information.....

Anil Kumar Singh   21 January 2015 at 11:29

Father name differ in marksheets

Dear Sir/Mam,

My Father was working in up goverment department.He was died on Sep 2014.his retirement was on December 2015.I applied for Mratak ashrit job but department raised objection in my job application due my father name is differ in my all education proof.

My father Name was in his service record (IN Company)-RAM MURTI MAURYA
But My Father name is mention in my all educational proof is RAM MURTI SINGH ( till post gratudaion-M.COM)and department raise objection my education proof.
my mother name is RANI MAURYA and her name is also mention my father service record is Rani Maurya But my mother name is also in my all education proof is mention RANI SINGH.

We are three brother and in my all brother education proof my father name is mention RAM MURTI SINGH.

Please help me.I Live in Kanpur

alandegrasse   21 January 2015 at 10:49

Transfer of tenancy

Hi,
I was living with my father in a tenanted property in Mumbai. My sister has been staying separate for over 15 years in her ownership flat. My father passed away six months ago. He left a will in which he desired that I inherit the tenancy rights of the flat. Now the landlord has agreed to transfer the flat to my name but wants an indemnity and NOC from my sister which she is refusing to give. What is the solution?
Alan.

Arun   21 January 2015 at 10:34

Separate entity for support team

Dear Experts,

Our company has a team of 20 persons to Support the Business ( IT, ADMIN, HR, Finance). Our Company is taken over by other company recently.( Not the company only the staff and business)

Most of employees are working here more for than 8 years. They haven't settled our Gratuity yet.

Now they want to start a new company with new directors and support team will come under that company and as if the support is outsourced.

Kindly clarify at this stage the support Team will be treated like Vendors in this case what happens to our settlement.

What kind of undertaking should we get for this type.

Kindly clarify.

surjit singh   21 January 2015 at 10:07

compensation from private shipping company

One of my near family member died while he was working as an engineer on a cargo vessel. On 19-12-2014 near offshore nagapattam the vessel sink due to leakage .The company was an private cargo shiping company having its registered office at Mumbai.My question is whether the kin is entitled to compensation from the company. If yes, whether they have to approach workman claims tribunal at mumbai or they can approach the tribunal in the state where the deceased family is staying. Please advice.

krishna   21 January 2015 at 09:28

Other cause of like nature

Respected Members,
Please explain whether
1. Non - Joinder of necessary parties,
2. typographic mistakes in plaint
3. insufficient information of fact given in the suit

can be regarded as other cause of like nature for getting benefit of section 14 of Limitation Act in fresh suit when earlier suit was withdrawn with permission to file fresh suit on the same cause of action.

Reason for withdrawal mentioned in the application - Non joinder of necessary parties.

Please reply.
Thank you