Naga Anil Kumar
24 November 2014 at 14:19
what is correct/legal interpretation of "......liquidated damages @ 500 per hour or part thereof, to an maximum of one month fees..." ..
Is it 1) per hour 500 and from 1-59 minutes it would be charged pro-rate; or 2) per hour 500 and from and 1-30 minutes it would rounded down to less than an hour and if it is 31-59 it would be rounded up to an complete hour; or 3) per hour 500 and from 1-59 minutes it would be rounded up and considered as compete hour and penalty will be charged. pls clarify...
hemant
24 November 2014 at 13:34
Can any one tell me any CEO of pvt ltd company can run his business on shops and establishment act 1973, if yes then what are the rules of international bpo to employee regarding working hours if company says please resign if employee is sick or any genuine reason.
Thanks
Khushal Singh Rawat
24 November 2014 at 13:17
Dear expert,
I want know that is a tax lawyer also eligible to prepare a project report for bank loan like as a CA.
catchs
24 November 2014 at 13:07
My father expired 4 months back, and the place where he had clinic is on pagdi system. So we called the owner at our home to discuss whether we can sublease it or what can we do, he said you can sublease it but myself or my sister can start anything there. So we asked him to let us know how to get it transferred. We tried calling him many times but he avoided our calls. One day he picks up and tells my mother that he needs to see the will of my father, then we say the will is private there is no need of will in this matter. Now it's been 2 months we are trying to call him I visited his office too. And there was lot of leakage problem inside clinic, so I call his office and tell his person me not able to contact the owner tell him me starting work from inside, the leakage work. I started work as I am planning to start my studio there, I did leakage as well as furniture not a 1% of structural changes have been done. One day some 2 persons come from the owners office and clicks photos from inside and goes, I was not there had just came home for lunch. So again my mother tries to contact him he doesn't answer. And few days back he calls My mother says we tried to contact you, you simply don't answer, he says we are not co-operating like not showing him will you started work there when he is suppose to do the work, she said you were suppose to talk with your lawyer and tell us why you need will, & then he says that he sending us eviction notice. Now question is on what basics he is sending us this notice, when legally it should get transferred on my name or my mothers. When he came to meet us he four times said he interested in buying the property when we don't want to sell it as its my fathers clinics where he was practicing for 44yrs. What should be my next step for this matter.
Pawar Pankaj
24 November 2014 at 12:01
Hello,
My brother was involved in minor motor accident case in Feb 2014. He helped the victim in every possible way, but the police charged with 297 and 337 sections, he wasnt put behind the bars, but a friend of his was asked to sign Jamin. An Insurance claim against him and Insurance Co. is pending in Motor Accident Claim Tribunal. We have received Summons from the Tribunal. No chargesheet has been received.
Now my Brother wants to reissue his Passport.
Have you been charged with Criminal Proceedings or any arrest/summon pending before court of India?
What shall we answer to this question? Yes or NO?
No chargesheet for Criminal proceedings Sec 377 has been received yet? Shall we engage a Lawyer already? Please Recommend
A Lawyer in Bombay Central, if possible??
Thanks a million times for your expert Opinion.
Rajesh Tandon
24 November 2014 at 11:16
CLARIFICATIONS ABOUT OBTAINING THE STAY ORDER FROM THE COURT
1. Normally the provisions relating to suit or injunction are governed by following provisions:-
(a) Stay Of Suit -Sec 10 CPC
(b) Injunction-
(i) Sec 133, 142 and 144 of CRPC in criminal matters.
(ii) Chapter VII of Part III of Specific Relief Act 1963.(Sec 36 to 42).
(iii) Sec 94 (C) and (e) of CPC containing the provisions for grant of temporary injunctions or make such interlocutory order as may appear to the court to be just and convenient to prevent the ends of justice being defeated.
2. The query
(a) Often it has been heard that a party claims that they will go to the court and seek the stay order . Example in one of the case the University changed the examination Centre and the students and certain colleges applied for the stay to the High Court against such order of University. Of course the court did not grant the stay which is altogether a different matter .Similarly in yet another incident an employee of the government was not given the justice and told to vacate the quarter wherein he has gone to court to seek the stay. The query is that how come one party can go to the court to seek to stay since sec 10 of cpc mentions about the stay of suit when suit is already pending. Similarly while Sec 94 (C) and (e) of CPC contain the provisions for grant of temporary injunctions or make such interlocutory order, the suit should be there in the court. Here even if the suit has not been filed, the party goes to the court to seek the stay, wherein one party feels that his right is being infringed upon and it will suffer irreparable injury. This is not understood as to how one can file an application for a stay to prevent the action by another party without suit pending in any court. As far as a specific relief act is concerned, I think that for seeking of any injunction, the matter is related to contract or property.
(b) Can a person whose right is infringed upon seek injunction under specific relief act on a matter of right not born out of property dispute or contract ?
(c) Is injunction or stay one and the same thing?
(d) If without pending suit and on infringement of the rights of the party, an application for the stay can be made to the court, I would request the honourable forum to attach a sample copy of such stay application which can be downloaded by me.
sourabh
24 November 2014 at 11:06
Dear Sir
I am married 3 year back & immediate after marriage my wife is creating mental harassment to me by various different activities, now we have 2 year child also, but her activities has increase, now she has started blaming & abusing my parents too, all the way we are staying alone, there is no intervention of parents. My in laws earlier they used to listen also, now they puts all blame on my parents & me, really getting difficult to adjust.
Please suggest what to do
MANIKANDAN.G.V.
24 November 2014 at 11:03
Dear sirs,
A secretary of a co-op-society based in Mumbai require loan.
Who will issue NOC to secretary. Can Chairman issue NOC without consulting committee members.
What are the formalities.. Please advice..
Thank you in advance
best regards
Manikandan.G.V.Iyer.
Bajirao Jadhav
24 November 2014 at 10:49
my father name on my school, college and my other document are name as Balu
and on my father documents like ration card, aadhar card are to be name as Vishwanath so i want to change on my document with my father name as VISHWANATH so what i can do? and also how to change this new name on my ssc, diploma marksheet?
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Sale of flat in property developed under 33/7
Dear Experts,
Ours was a Chawl system in Mumbai which was developed by private developer under rule 33/7. and allotted flats in new building along with allotment letters in July 2014. our society is proposed, and we are waiting for builder to register it.
can I sale such flat?? if yes then will it get transferred to the buyers name immediately?? do they accept it for registration at sub-registrar's office?? who will give NOC
I have heared that there is ban on sale of such flat for 5/10 years? is it true??