Mamta S Baslingker
15 October 2014 at 15:38
Mvc tribunal awarded the Amount
155000 with interest @6% pa.
But now The insurance company deposited the claim money by deducting some money as tax by themselves.
Is it legit? We are liable to receive full amount with interest.Who are they to deduct it as tax?
Is MVC compensation money taxable for the claimant??
Madhu Mittal
15 October 2014 at 15:07
Respected Sirs,
A loan is given to a borrower Named X, a married person, in Govt Service. The borrower expires by committing suicide. When contacted to the Govt department under RTI to know to whom the dues of late X was given and whether anyone is given service at his place, Information was denied stating under RTI, no information is given to a body corporate in spite of sending copy of decision of CIC (CENTRAL INFORMATION COMMISSION Complaint Nos.CIC/WB/C/2007/00104 & 105 both dated 30.3.2007
Right to Information Act 2005 – Section 18 Appellant - Shri J.C. Talukdar Respondent - C.E. (E), CPWD, Kolkata).
The name of widow mother (not whereabout) of late X is with us, but we have not names as well as whereabout of other legal heirs i.e wife or children if any. The home in which Late X used to live with his widow mother and wife was in the name of Late X. That house approx. about 50 lacs is still in the name of Late X at the record of Jaipur Development Authority at its web site. The house was locked and no neighbor is ready to talk about the remaining family and the said story is in office of late X, nobody wants to give any information. The limitation of 3 years is about to expire very shortly.
Now my queries are as under:
1. whether the above mentioned order of CIC was overruled, if yes, please ruling?
2. Whether a recovery suit can be filed only in the name of mother (as legal heir class I) addressing the closed house of late X ?
3. Any way of find the name and address of wife of late X and if not found, what is the remedy if not found ?
4. Any other remedy to recover the amount of loan, as the house is still in the name of late X, since as per law whosoever will take the house is liable to pay his dues also?
Thanks in advance,
Member (Account Deleted)
15 October 2014 at 14:25
Dear sir,
Seeking your guidelines and help for the below case..!
I Mr. Sudhakar Completed B.tech degree and working as a Sr.Manager in reputed company. Recently I have been booked with the above subjected case please guide me further steps.
Brief about my story:
After my education i selected in campus interview and got good job, immediately after 1 year my uncle (my Mother's brother) asked my mother to marry her daughter with me and my mother forced me to marry her and i have accepted the same but in their home they have not asked my wife decision and forced her to marry me.
Naturally in mid days before marriage i got her phone number casually i wanted to chat with her to know each other to lead the life, but she always refused to talk me and she was not talking much with me but i had seen her from my child wood, she was so active and talking too much. I got doubt about her nature and started talking to her friends.
one fine day i saw her mobile sms chatings, where she was very close with her boyfriend and also they used to go to movie, temples, water world etc, i got these information from her friends.
I have started thinking -ve about her and started loving one of her friend and her friend also started loving me but i was unable to tell these things with my mother.
Since my uncle helped financially to my family and my studies from each Rupee to Rupee, I was unable to express my feelings in my home.
My self and my lover (my wife friend) came to an understanding that we should sacrifice our love and did the same.
I was forced to marry her, mean while my lover also married some other person.
Since i used travel very frequently in my job, i used to go home in weekends sat and Sunday and there was no chemistry happened between both of us and she took a promise that one year there should not be any physical contact and till now we don't have any baby after 3 years of marriage life. My wife boy friend used call her daily i was fed up with her behavior one fine day her boy fried called her at 11.30 PM. That day i have become reluctant and shouted on her, These things i have not shared with my mother and their family.
simultaneously i have started talking to my girlfriend, I heard very bad news from her that her husband and their family are torchering her and one more bad news that her husband was 2nd hand (i.e He was married a girl already and she died). by knowing this we both started meeting each other and one day she left her husband home without informing them and came to me.
That time i was not having any option and We have started a new life seperatly and we both got a girl child now in this January. since my lover is very close friend of my wife we went to her and disclosed everything but she was not accepting this type of relationship and spread-ed the news to her family and my family which we where not expected and people from my lover family got the news and started harassing us and after so many struggles finally my girl friend got divorce this month after giving so much of amount.
Now my wife don't want to leave with me and she filed a Dowry Harassment and maintenance case. I never asked dowry from her and i don't want to give her maintenance amount, If i give that she will leave her life single and she will apply crimal cases from my money because in their house her father also said "what ever happened is happened, go and leave with him, i will not support you to go court"..
I am not interested to give her divorce because of my mother and i am ready to leave with her. but my wife is saying "if you leave both that child and your girl friend, i leave with you, other wise i will not"..
This is my situation, Please suggest me further course of action.
The Saint
15 October 2014 at 14:23
Please provide information if intra court appeal of criminal writ is allowed at calcutta high court?
Sita Vallabhav
15 October 2014 at 13:45
Respected sir...
A person Mr. Atul jointly holds and enjoys his and his unmarried brother, Mr.Balu's share of partitioned ancestral property. This is kept as property of Mr. Atul and his deceased unmarried brother, Mr.Balu... JOINTLY ----- Schedule A
They have another brother Mr. kalip, Who was given another property share by way of cash and movable things in this partition. --- Schedule B
The partition deed was registered during 1959 or so..
Mr.Balu (unmarried brother) died in 1966. Both Mr. Atul and Mr. kalip were all married and have family and children. Both Mr.Atul and Mr.Kalip are not alive now.
The joint property comprises of land with house and 2 small shops (which is given for megere rent )and some paddy field. Family of Mr. Atul stays in the house for all these years and getting the rent form shops and enjoying paddy field also which is having fish farming.
Mr. Atul's family learns that their share in the schedule B property is half of the total property in schedule B and Second half is to divided in to two between them and the family of kalip
As the family of Mr Atul and mr kalip is in very good terms till now, Mr. Atul's family plans to settle the title issue of jointly held property amicably.. Accordingly his family offers cash in lieue for Mr. kalip's share in Mr. balu's property. though they agreed for the deal initially, now thy claim that they want to sell the property and divide the amount. Also they calim share in the income by way of paddy and shrimp farming for the last 50 years...
But till now kalip's family has not asked for any share in the income so far for last 50 years.
Atul's family emotionally dont want to sell as all these years they were staying the house and they are the major share holders...
I think Mr. kalip's family can only file a partition suit for partition
In that event, respected experts... my question is
1. Will kalip's family get a decree to sell the whole properties that is land with dwelling house, paddy fields etc?
2. Has Atul's family forced to give share of all the income so far enjoyed for the last 50 years?
3. Shrimp farming is done by a society on behalf of several farmers for last several years, and the society distributes the income to all members in the proportion of land... Atul's family collects their share form the society. Can the Kalip's family give a letter to the society to stop distributing share to Atul's family?
If kalip's family file a suit, can Atul's family challenge by saying ( as some very experienced Lawyer opined)
a) "The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of the individuals."
b) "Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone"
c) The property not being ancestral any more then the claim of the legal heirs of Mr, kalip in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.
d) In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.
Respected learned experts if you can give some light into the matter, we can chalk out our plan and be prepared for next step.
Shamsher
15 October 2014 at 13:02
Dear Experts
I have filed bail petition in High court. So how to check online the date of Hearing??
RAHUL CHAVAN
15 October 2014 at 12:51
My relative has a flat in Pune purchased in the year 2009 on the joint name
1) Husband 2)Wife
Both apprearing on Index-2.
The building where the flat is purchased is stil maintained by builder and co-op society/apartment is not yet formed.
My relative wants to sell the flat now. But the problem is, his wife has lost the momery and she is not in a position to
sign any of the legal documents.
Can my relative sell the flat with husband doing all the formalities without any sign of his wife? Please guide.
Raj
15 October 2014 at 12:40
sir there are many contract workder who are working as peons, orderly, sweepers in hospital who are employed through contracter has the greiavnces that they have not been piad salary for last 5 months..They have approached to the labour commissioner office and where the verison of the hospital was heard .The hospital authroities has informed that the contracter whereabouts are not known to them as he run awy and left the security depsoit in the hsopital and the employee will get the salary as they have moved the file to the secreatrait and only after getting the orders..The question is how long the employees have to wait for the wages for the work which they have done? Is there any instant relief for getting their salary/wages for the work they have performed?
Deepak Parmar
15 October 2014 at 12:20
My neighbour is repairing his house, & while doing so he is encroaching common Area of the Chawl approx 1-2 Meter, while doing this, he is also making 1st Floor & that First Floor he is extending to my Gallery, I have objected this but he is not listening & says I will not do but step by step he is doing & which Blocks my Gallery & Entrance, seems he has hired a local powerful contractor he is not listening to me.
How do I stop this, I am not against his repairing work or extending of the Area, The only Issue is that it blocks my gallery which is also entrance for my door.
Should I go to Court for stay or approach Police & BMC
Police & BMC I don't trust as they are hand in glove with Contractor.
I just want him not block my view, gallery & entrance,
I have hope only on courts but want to know after effects also, can any one guide me on this
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Review petition in supreme court
I had challenged the high court order which was dismissed through an SLP in the supreme crt. Now by mistake I had written that one of my case which was 156 3, and that challenged in the sessions crt and that order challenged in the high crt is pending. So the bench told me to go through that high crt case which u have challeged the lower crt and sessions crt order in the high crt, and ur remedies lies in the high crt dismissing my SLP. Now that pending case has been converted from Crim. APPLN TO a WP crim. Single bench.now the bench is not taking my case and is changing hands through bench. From one judge to another. My life is in danger so I moved the Apex crt. So can I file a review petition of the said SLP.cause the Accused has strong very high profile contacts as usual so my case is not taken up.