kumar
11 October 2014 at 12:38
I filed suit for mandatory injunction reg. enroachment of my property which was
dismissed citing limitation [only 3yrs to file suit], I filed appeal in district
court,
now pl. advice can I file a fresh suit
for recovery of possession ,appeal filed by me is pending now can I file recovery of possession suit in civil court.
Ramesh Raghavan Nair
11 October 2014 at 12:34
Dear Sir,
The Mother of my wife(V.Rajamma) gave her(Bindu) family house with 18 cents as "WILL ADARAM" in 2001. She cancelled the WILL in 2013.The Mother has 4 sons( They have 5 Children) and 2 daughters (They have 3 Children).
If the mother dies now, how many of them eligible for this property as per law?
The property is in Kerala State (Mavelikara, Cherukole)
Regards,
Ramesh. R
Abu Dhabi
swetha
11 October 2014 at 11:54
Dear Experts,
I have filed maintenance case against my husband u/s order 7 rule 1 CPC. My husband had 3 properties. I prayed court to attach his properties. Before that my husband sold all 3 properties and said court that he had loans n he could not pay the loan so he sole the properties. He has sold his properties after I filed maintenance case. He marked a bond paper in court during evidence. That bond paper says that he bought loan from a person. He sold his properties during the case is running in court. there is no order for attachment and there is no injuction order.
1) will the court take his bond sheet as evidence? is it valid in court?
2) Can I pray court to declare INVALID OF SALE of his 3 properties.?
3) How his SALE is valid when the case is running in court?
Kumaran
11 October 2014 at 11:43
I am running a local search website.
I am going to give a online support for a dress shop.Currently dress shop don't have the online e-commerce website.The owner of the shop wants to sell the dresses online.
So he approched me for the online support.
So I will fix 10% above the actual price and will sell the dresses.
I created the website also.
My company also not registered.
So, bills are going to be processed in the name of the dress shop.
But website will be name as a separate name not in the exact shop name.
So, My question is If run a website in different name and gives the bill in exact dress shop's name . what are constraints in it and Is that legal? Please advice
T.R. Ganesan
11 October 2014 at 11:16
Dear Experts,
Kindly answer the exactly in which Court (JMFC/MMC/Sesson)complaint can be filed for over 25 lacs dishonour of cheques for insufficiency etc. of funds in the account. For determining the jurisdiction, the Drawer of the cheques viz. "A" has Accounts in Bangalore with different banks and the "A" has got offices in Bangalore and Navi Mumbai etc. The subject matter of cheques are issued from Bangalore at Navi Mumbai and "B" presented the cheque to his SBI Banker in Navi Mumbai for credit and dishonour of the cheques intimation issued by the SBI native Bank at West Bengal.Where will be the jurisdiction.
Ganesan
Prashant M N
11 October 2014 at 10:36
Hi,
Me completed my SSLC in 2006 at karnataka, in my sslc marks card the date of birth is printed as 15/6/1990 but in my date of birth certificate it is 16/06/1990 i came to know this few months back. due to this i have problem in applying for passport application. so please suggest how to rectifive this problem.
i tried to change the date of birth in birth certificate trough lawyer but there is no use. so please suggest me how to come out of this problem.
Thank you
The Saint
11 October 2014 at 10:32
Dear Experts,
Please provide information for any writ filed under Article 226 (Police Over Action which involves violation of Criminal procedure code) at Calcutta High Court if intra court appeal before division bench is maintainable.
Does Calcutta High Court has separate Criminal and Civil for intra court appeal?
Request you to not dismiss the question as academic. It is very important.
Srinivasa H V
11 October 2014 at 09:27
Sir, I was appointed by Karnataka PU board as Lecturer in Physics. I joined on 28th June 2013. Then I resigned on 31st December 2013. Later I was informed to furnish self declaration on bond paper and family members consent. I furnished them in March 2014. But till now I have not received relieve orders. Case worker says it is sent to Joint director for signature. It is there since past 3 months. Because of this I cannot join anywhere else for job. Now, can I file a case in KAT? Can I assume that it is accepted? Can I join anywhere without relieve order??
In the bond paper I and my family members declared that I resigned on my own wish, and my family members have no objections for that. I approached concerned people but they are not responding. They are hopeless, careless and neggligent.
Rajesh Tandon
11 October 2014 at 09:22
OFFENCE UNDER SEC 67 , 67 A OF INFORMATION TECHNOLOGY ACT (AMDT),2008, 292 IPC & SEC4 OF IRW ACT 86
1. I am a Central govt servant recently posted in West Bengal. Before this I was posted in UP. This is a querry pertaining to reporting of offence under Sec 67, 67 A of information technology act(Amdt), 2008, lodging of FIR under section 292 IPC and section 4 of Indecent representation of women act 1986..
2. Actually, in my previous tenure in UP, I reported a matter about my boss (Mr A) of procedural irregularities amounting to mismanagement of couple of crores to his boss(Mr B) and the sadistic attitude of my boss(Mr A). Instead of holding my hand, Mr B did not even call Mr A in the interview for redressal of grievances and came down heavily on me, made a mockery of me. Further he said why should I believe you that Mr A has done such a thing . In fact at one stage during the interview he virtually threatened me indirectly by asking , ‘Are you trying to threaten me that you would lodge complaint ‘. This gave me a feeling that he's too well connected with his bosses. This had extremely hurt me. I wanted to report the matter further but then people around told me that how do you know that with what amount Mr B would have greased the palms of the seniors and they may/ may not take your stand & rather put you in serious trouble. I was in a dilemma and could not decide.
3. Mr B was in a very powerful position, with good terms with influential businessmen. However, now all three of us are out of previous location.
4. Mr B is no more in that powerful position where people can derive benefit out of him. In fact, it was the habit of Mr B to indulge in SMS, EMAILS, Facebook most of the time whereas decisions on the file would be kept Pending.
5. Out of the e-mails he has been sending to me, there are almost 15 e-mails wherein it shows his direct involvement of Mr B in the crime (especially when every email he has put his name & mob no having sent these) under section [67 of IT act and certain e-mails wherein it shows his involvement in crime under section 67 A of the act] pertaining to pornography. It was learnt from other colleagues that they also used to receive such mail. But for reporting the matter, i will have to fight the battle alone.
6. Incidentally, these e-mails range from the period of April 2013 to Oct 2013.
7. I am myself a male government servant. So directly I cannot say it is sexual harassment.. But somehow I want to report the matter now to the adjudicating officer under IT act, police and concerned authorities under Indecent representation of women act 1986.
8. Only problem is that earlier at the appropriate time I could not report the matter, because I could not decide and I was in a dilemma to progress ahead or not because of his powerful position However, the Limitation Act provides that a suit must be filed within three years from when the right to sue accrues. [Schedule I, Part X of the Limitation Act “Suits for which there is no prescribed period]
9. I believe when I report the matter to adjudicating officer, it would be akin to lodging a suit since section 61 of the IT act 2000 mentions that civil court not to have jurisdiction to entertain any suit or proceeding in respect of anymatter which an adjudicating officer appointed under this Act or the Cyber AppellateTribunal constituted under this Act is empowered by or under this Act to determine.
10. My query is since the emails were sent from the computer source and the subject Mr B was then in Uttar Pradesh and now Mr B has moved to station in the State of Maharashtra. So, if I report the matter, then matter has to be reported to which adjudicating officer whether in State of Uttar Pradesh or Maharashtra? What do i mention in cause of action , Format for reporting as mentioned in IT Rules 2003.
11. There is a minimum fee to be paid when you asked for the damages by way of compensation i.e certain percentage of the amount of compensation demanded. However, I'm not looking at compensation. I only want the individual to be punished as per the law. I don't want compensation because firstly I'm a male and secondly I unnecessary do not want to show any vested interest for gaining money Therefore please advise, as to if it would be okay if I pay the fee of 10% ad valorum rounded of to next hundred in case the composition demanded of Rs. 10,000/- which is minimum amount laid down as per IT ACT 2003. I would mention in my complaint that I'm not looking for any compensation until and unless adjudicating authority feels the grant of appropriate compensation. I'm basically looking at the punishment.
12. Would it be okay if I write the letter to the concerned Supdt of police to direct the concern SHO of the PS is to lodge an FIR under section 292 IPC since it is not possible for me to visit concern place in Uttar Pradesh or Maharashtra. The printout of e-mails is sufficient enough an evidence to take cognizance of the offence. Therefore kindly advise appropriately as to which Supdt of police of concern place and concerned State be approached or the copies can be given to both the concerned Supdt of police since the subject MR B has moved out from state of UP to Maharastra.
13. I had to conserve these e-mails basically for the purpose of evidence without circulating them further.
Kindly advise appropriately.
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Ccs conduct rule
Govt. of India's Office Memorandum No, 22011/1/79. Estt. (A) dated January 30, 1982 para 6 States: "Where the 'acquittal by court is on technical grounds, if the Government does not propose to go in appeal to a higher court or to take further departmental action, action should be taken in the same manner as if the officer had been acquitted by the court on merits." Now my query is,Who is the "Government" , as mentioned in the above para? 1. Is it the Government of Assam?, because Mr. X had fought a criminal case in a court in Assam. Mr X got acquittal on technical ground and the court has preferred not to appeal further. 2. Is it the Government of West Bengal wherein Mr. X is serving? Now the government of West Bengal is contemplating a case of disciplinary proceeding against Mr.X, with the reason that the acquittal is not merit. Learned members may like to clarify please.