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prateekkkk   08 December 2014 at 22:31

Interpretation of order of court

Dear members,
I have been transfered FROM DELHI TO SHIMLA on promotion from assistant to SO by the department on 26/11/2014, and also been RELIEVED on the same day of order.
I filled OA in CAT challenging that reliveing order, transfer and policy and in interim relief i request for promoting in delhi as well as stay operation of this relieving order.
First hearing for admission of OA held on 1/12/2014,and the OA admitted but on interim relief court direct respondent to fill reply and MAINTAIN STATUS QUO AS OF TODAY QUA THE APPLICANT TILL NEXT DATE OF HEARING.
oN NEXT HEARING RESPONDENT TAKE THE DATE AND COURT MAINTAIN THAT STATUS QUO NOW TILL NEXT HEARING..
I WANT TO KNOW WHAT IS MEANING OF THAT STAUS QUO..I HAVE NOT JOINED IN SHIMLA, AND CURRENTLY ON LEAVE IN DELHI..HOW I INTERPRETATE STAUS QUO?? CAN IT MEANS THAT I CAN GO TO OFFICE AND CONTINUE TO WORK AS ASSISTANT IN DELHI??WHAT IS MY POSTION DUE TO THAT ORDER??PLEASE GUIDE ON THIS ORDER.

PRAKASHCHANDRA MARU   08 December 2014 at 22:02

Production of vakalatnama

HELLO ALL LEARNED
I HAVE APPLIED FOR THE CANCELLATION OF BAIL PETITION AND I PRESENTED MY VAKALATNAMA ON BEHALF OF APPLICANT
MEAN WHILE AFTER THE 5 APPROXIMATELY ADJOURNMENT ANOTHER LAWYERS WANT TO PRODUCE VAKALATNAMA SO HE WANTED TO TAKE REMARKS ON HIS VAKALATNAMA "NO OBJECTION" BUT MY FEE WAS NOT PAID BY THE MY CLIENT AND I REGULLARY ATTEND THE COURT SO I DENIED THE OTHER LAWYER FOR NO OBJECTION
THEN AFTER THE OTHER LAWYER PRESENTED THE VAKALATNAMA AND ON HIS VAKALATNAMA HE WRITTEN THAT ORIGINAL LAWYER DO NOT WANT TO MAKE REMARKS OF THE VAKALATNAMA
I TOLD TO COURT THAT I SHOULD NOT REMOVED FROM THIS MATTER BUT COURT RECORDED THE OTHER LAWYERS VAKALATNAMA
NOW WHAT I SHOULD DO ?
PLS INFORM
REGARDS

Vishali kumar   08 December 2014 at 21:46

Land registration and patta

Hello sir,

I purchased this land on 2010 , but registered on 2012 , this was the first time we are purchasing the land , so we didnt know much about the property. , we actually purchased from agency. at the time of registration we didnt notice anything. but during patta , the survivor told us land square feet is 50 * 25 = 1250 , but in our paper that shows 50* 25= 1225 , so there was mistake happened on registration time. actually we bought 1225 square feet . so what we do now , the agency told us there will be no problem we will get patta for 1250 itself . there will be no problem in future . but i ask you there will be a problem right without correcting the mistake. if we opt for thiruthal pathiram , it will solve the problem or not . because in future i dont want any problem in selling . please give me suggestion.

advance thanks for suggestion.

M.K.MISHRA   08 December 2014 at 21:32

Visitation right of parents

Respected Sir,
Please , let me know that whether parent's can visit to eloped daughter (who married to spindas) current residence to look after from a distance (for their satisfaction )in spite of daughter's refusal to meet her parent? Eloped daughter is living with husband (who is son of her mother's sister i.e. spindas relation resulting marriage as void ) at some unknown place.If yes,Whether parent's can file a court case .
Is it necessary to get declaration from family court that spindas marriage is void as in this case or void marriage is void without any approval from any court of law?

With great regards to all of you dignified experts,
Thanks

Veeravadhani Munagala   08 December 2014 at 21:19

Regularization of adhoc service on retrospective effect

Sir,

A few LDCs are working in my department on adhoc basis since 1998. I joined the department in 2000. The adhoc LDCs have gone to CAT, Mumbai for regularization of their adhoc services from the date of their initial appointment. CAT has acceded their prayer and directed to the department to consider their case for regular appointment from 1998 as well as consequential benefits.

Now, my query is that

a) whether the CAT is right in directing to consider regularization of the adhoc services with retrospective effect?

b) whether it will adversely effect the existing and settled seniority of the already regular employees

c) whether i can prefer a PIL before the Hon'ble High Court against the CAT order?

In fact, I am in search of an efficient advocate to deal this matter. Please guide me.

Regards.

Rubul Das   08 December 2014 at 21:18

At what point of time interest starts to accrue??

Dear Members
Please help me on the following issue :-
I have applied for a loan on 1.08.2014 from my SBI CREDIT CARD for Rs.10000 (via internet by clicking on an option called "easy money"). Afterwards they sent a cheque on 3.08.2014 but in the Payee name they had written my name as RUBUL DAS-STATE BANK OF INDIA. Than on the same day I had presented my cheque to my banker(Corporation Bank) for clearing. But my Banker said that this cheque can't be cleared as the Payee name is different (since my name is Rubul Das and not RUBUL DAS- STATE BANK OF INDIA). Hence I asked SBI Credit Card division to issue me an another cheque citing reason as mis-match of name and they never did so, hence I have arranged loan from my pvt. sources and thus as my need for loan is over. I asked SBI Credit Card division to cancel the cheque as on 14.08.2014. In the month of October. I was shocked to see my credit card statement which which shows a debit balance of Rs.10000 and interest of Rs.1936 thereon. I have complaint this issue to their customer care executive and she told me that the issue will be resolve in 5 days, again which never happened. Than I receive my credit card statement for the month of Nov and December which again contains interest charges of Rs. 1936 and other penal charges for non-payment of dues. Again I complaint this and nothing happened in this matter and shockingly one of their executive showed at my doorstep and asked for payment.
Now members I want to ask you is it valid to charge interest without actual credit of amount and charging interest merely on the basis of issuance of cheque(which is never cleared). Even if it is valid(which is hardly justifiable) still the question remains same that due to bank's mistake in name why should the borrower feel the heat of interest when he have not utilize the amount...forgot utilize.... the loan amount never gets credited in borrower's a/c and it is all due to failure on the part of Bank.
Further I want to know which Act is applicable on this issue. I mean to say that is their any act or clause which describe the point of time when interest is charged on outstanding loan or amount??? And if possible please quote related case laws.
Further I want to raise this matter with banking ombudsman. So please tell me that- Are these type of issues are within the jurisdiction of banking ombudsman???

yasmin parbatani   08 December 2014 at 20:46

A wife can testify for hiba in favor of a husband


My mother in law owned a flat in Andheri west Mumbai in a co-operative housing society, my brother in law was nominated for the property. After my mother in law’s death, the shares in the society were transferred on his name as a nominated person. Instead passing the property on legal heir’s name he registered the property on his own name. After three years when the legal heirs claim for the property in a court, he put forward a claim for Hiba ( an oral gift in Muslim as we are Muslim)
Moreover one person whom he claims to be a witness is dead, the second witness is the wife of the said dead witness and the third witness is his own wife
My questions are
(1) If the shares of a flat in co-operative society in Mumbai are transferred on the name of a nominated person after owner’s death is the hiba valid?.
(2) A person who is dead and can’t be interrogate; will the court accept his wife’s testimony for him?
(3) Can a wife who is a beneficiary person testify in favor of her husband for a hiba (oral gift)?
There isn't any written document or a simple written paper stating that the Property was gifted to him as hiba by my mother in law.
Please reply me in detail.
Thanking you
Y. A. Parbatani.





MAYUR   08 December 2014 at 20:43

Section 28a enforcement of decree of order

DEAR CONCERN

I'M NEWLY START PRACTICING LAWYER, I NEED FORMAT FOR SECTION 28A REGARDING ARREARS OF INTERIM ALIMONY WHICH WILL BE UNPAID AWARDED U/S 24

Vikram Patil   08 December 2014 at 20:18

right to property of a daughter born after divorce

Deat all, Please share your opinions on following-
A hindu husband and wife took divorce. He then get married. After some period the divorced wife again came to live with her former husband. She gave birth to a daughter from the relations with her divorced husband. Now that daughter has become major and wants the share from the ancestral property of her father.So she claimed partition.
Can she get the share ?

Anonymous   08 December 2014 at 20:06

llb after bcom

I am pursuing my bcom final year...thinking to study llb after bcom...i wanted to know procedure about joining llb after bcom ..do we get any merit scholarships in lawcet and clat..thanks in advance...