s sharma
29 September 2014 at 22:46
If the restitution filed by husband is in his favor, what has to be done to get rid of maintenance ?
Or I have to execute the orders of restitution to get rid of maintenance ?
If Restitution filed by husband is in his favor and the appeal filed by wife is also in his favor then is it possible to quash the 498A filed by the wife. Or what to do to quash 498A on basis of technical reason ?
Rajendra S Pitake
29 September 2014 at 22:13
After my grandfather passed away, my eldest uncle was looking after ancestral properties. It includes A-lands (agricultural lands fully owned by family), D-lands (Deosthan Inam lands where family is merely manager to collect rent-khand from tenants). He decided to sell some part out of A-lands to third party without consent of others and my father filed suit for partition in 1977.
That finally got decreed in 1982. In the decree it was clearly mentioned that plaintiff has 1/4th undivided share in all the suit properties. {eldest uncle (DF1), youngest uncle (DF2), grandmother(DF3), father (plaintiff) }
Also it was mentioned that land sold is not binding on others and the direction provided in respect of land sold are "The land in respect of which DF1 has executed the agreement of sale, in favour of DF4 (third party) should be as far as possible be allotted to the share of DF1"
Subsequently DF1 made appeal in the district court and that got dismissed. However direction of lower court got twisted as "The direction given by the lower court that the land agreed to be sold to DF4 should be allotted to DF1 is confirmed.”
Later my father filed regular Darkhast and requested excess land sold to DF4 than DF1's share in A-lands.
Various applications & arguments happened meanwhile in lower court and finally we demanded for separate partition in A-lands and separate partition in D-lands by metes & bounds. Lower Court passed order with direction to partition separately as requested however it secured land sold to DF4 with sentence- "However on perusal of the record it is already decided that no excess land sold by DF1 than his entitlement, and therefore a question of re-decision in respect of multiplier does not arise."
Recently I filed writ petition in High Court to get this line removed from the order, but petition got dismissed at the hearing stage. “The submission of the learned counsel appearing for the Petitioners that since the two types of lands have to be partitioned separately, the share of the DF1 cannot be exclusively from the joint family agricultural lands (A-lands). In my view, the said contention cannot be accepted, as there is no such direction issued in the Decree. In my view therefore, the order does not merit any interference at the hands of this Court.”
Kindly guide me what are options here to seek justice. Is it possible to challenge District Court order (1982) that modified decree after so much time has passed? (Considering facts that partition is still not happened and it has modified decree incorrectly causing injustice to us. Is there any special exception?) OR is there any way to go behind Decree through execution proceedings?
Arjun Mohite
29 September 2014 at 20:19
Sirs,
My wife has filed domestic violence case after three years of separation. She has go maintenance order also without my income proof. I have appealed to sessions court.
As per my knowledge, she cannot file DV after 1 year of separation. If so, kindly advise and kindly give me some citations to quote in arguments.
Thanks
M. Z. Kazi
29 September 2014 at 19:48
Respected Sir/Madam
I am currently running manufacturing Pvt. Ltd company at Nashik and obtain Excise & M-VAT Registration form Nashik Division.
My Question is -
I am Planning to open my Company Branch(2nd manufacturing unit) in PUNE under same name. can i start company branch with my existing Excise & M-VAT Registration or i have to Register new for PUNE division.
I request you all respected senior's please let me the details at your earliest convenience.
DKTAZILANOM9909
29 September 2014 at 19:44
Dear Sir,
We are the members of a registered trade
union operating in a Central Public Sector
Undertaking (CPSU) in West Bengal. Our PSU
Management has recognized our union (not
affiliated to any central trade unions) as
a sole bargaining agent for the workmen of
the PSU since last forty years. There is
also another registered trade union
(affiliated to central trade union) in the
CPSU with lesser members compare to our
recognized trade union. That registered
trade union recently demanded to CPSU
management to be recognized union claiming
that they have more members compare to our
union and demanded for membership
verification through secret ballots.
Earlier membership verification was done
two times and our union was declared as
majority union by secret ballot elections
fifteen years ago. Since then no
verification was done and we are the
recognized union with majority members. My
question is that as the other registered
union demanded for membership verification
through secret ballots so is it mandatory
for us to prove majority union through
secret ballots only or there are any other
methods to be followed to prove us as
majority union?
Regards,
Sandip
Meenakshi
29 September 2014 at 19:28
Hi I am working in a private educational firm. I have not been paid salary from july. Where i can go and where should i file a legal case.
Anonymous
29 September 2014 at 19:21
Wife made a compliant in women cell against husband after 14 years of marriage. What remedies/ steps a husband can take in his defence and safe guard himself.
rajeshgrover
29 September 2014 at 18:39
dear sir
i am working in delhi based pharma company from past 9 yrs .asper appointment letter i had served 2 months notice of resignation to company through mail .company had accepted through mail do not mentioned the date of acceptance
i want to know i right to get salary (gross or basic)of notice period as i am not going to office if company do not want to do work
plz tell me about leave encashment as somebody said to me if they pay salary its behalf of leave encashment
rajesh grover
Rohini Patil
29 September 2014 at 18:35
Dear Experts,
The Company We were working with has not paid salary for the last three months. The Company has no funds and has closed down its business. The directors are just giving assurances and delaying the payment. We are around 20 employees. The Company was a information technology company at Pune Maharashtra. All the employees are drawing salary of more than 15000 per month. Kindly advise as to:
1. the remedies available to us
2. can we make the police complaint against the directors
3. can we approach consumer court
4. can we approach court? if yes, which court?
5. how much time it will take to recover our salaries
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