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kavkaz   12 September 2014 at 11:38

Query to file delay w.s. in coop. court.

In Mumbai Cooperative court, my Hsg. society (Respondent) has delayed in filing the W.S. for 130 days beyond 90 days period from the receipt of summons granted by the court with justification that all the 9 committee members were on vacation.

I (disputant) have strongly opposed to take w.s. on records to the court for delay caused.

My query is:

Is going on vacation a legally valid reason in spite of 130 days enough time frame available with the respondent?

Thanks in advance for your replies.

Shadab Aliakbara   12 September 2014 at 11:37

Renovation without consent

I and my father stay in a flat with my uncle and his family, the flat is in the name of my great grand father. I and my uncle don't share a good relationship and hence we have issues with property. Recently as i and my father were out of station, he started to renovate and redesign the flat without my consent moving my stuff. I would like to know if he has a right to modify or redesign anything in the flat without my consent? What right do i have in case he claims the flat to be his or what action should i take to stop him from doing so? please help and guide.

Tanaaz shaik   12 September 2014 at 11:27

Uncle met with an accident

Dear Experts,

Please help me to advise, that yesterday my uncle (Mama) met with an accident. he was drunked and banged the Trolley which was coming his opposite site with full speed and full power lights at 8pm.
now he succumbs multiple head injuries and still in ICU. Police have still not registered the offence as they say they have to record the victim statement, but victim is not in a state. police have taken the possession of vehicle but did not arrest the driver yet. so please advise me under this situation what actions we can take and how to about it further. thanks a lot. will really appreciate your responses. thanks.

BRIGADIER RM SHARMA   12 September 2014 at 10:49

Falsification of document in consumer forum

Dear Experts,
Had filed a complaint in Distt. Consumer Forum against delay of 38 days in delivery of registered baggage. Now the airline, in its written reply, has attached a copy of Baggage Irregularity Report (BIR) purporting to have an endorsement "CASE CLOSED. PAX RECVD BAG AT DEL/AP" signed by me. I have neither made this endorsement nor signed it. Should I raise this point in next date fixed for complainant's evidence or should I take some other legal action before the next date?
Thanks & regards

Anonymous   12 September 2014 at 10:48

writ petition

Sir/ madam my problem is that am not able to understand that what is the limitation for writ petition. And if it is stated in any statute than which .....

rishabh   12 September 2014 at 10:17

Notice to a witness

I have filed a complaint u/s 200 CRPC. I have filed a list fo witnesses alongwith.It is posted for my evidence.
After recording of my evidence, I wish to examine other witnesses as cited in the list.
But the problem is, that all the witnesses are out of my control and I need help of court to call them vide summons to witness.

What should I do before making a request before Magistrate, for issuance of summons to witnesses u/s 200 CRPC?

Is it mandatory to give an advance notice to the witnesses cited, before making a request before court, to issue summons?

CA K. R. Suthar   12 September 2014 at 09:37

Gratuity provision and payment process

Dear Sir/ Madam!!!

I want to know that (a) what are the rules to make provision of gratuity for a director for a Pvt. Ltd. company. Is that compolsory for 5 years old pvt. ltd. company to make provision for gratuity.
Till now we have not make any provision for grauity, so what is the remedy?? (Our company is 5 years old registered)

(b) How to make entries for provision in current year for future payment of gratuity. (When should be started to make provision in accounts for what amount)

(c) Process of take policy or premium payment in practical view.


Sir/ Madam!!!

Please guide me as soooon as may be possible so i can file legal compliance thereafter.

Ashavmedh Singh   12 September 2014 at 08:00

Reply to charge sheet under rule 25 (major penalities)i

I am working in a PSU as Scale III Officer. I was earlier posted in Legal Department of Company and dealing with High Court appeal cases of Company and more than 6000 files were there.Due to the negligence of other officers and one class 3 employee some excess payment of fees to panel Advocates was made during the year 2008-09 & 2009-10. I was transferred from Deptt. in Sept.2010. I alongwith other officers identified the excess payment of fee paid to advocates, who had submitted bills thrice or four times. Due to negligence some were paid three times 50% fee each time. During recovery exercise more than Rs.7.40 Lac was recovered by our Legal Deptt. Thereafter some one made a complaint to CVO and three Officers and one class 3 are charge sheeted under Rule 25 wherein it has been felt that officers and employees failed to maintain absolute intigrity, devotion to duty and acted in gross negligent manner which was predudicial to interest of company within the meaning of Rule 3(i)and(ii) and 3(2) read with Rule 4(5) and 4(9) of UIIC CDA Rules 2014. I had not signed or initialled the fee bills of advocates, but I have also been issued charge sheet. The charge sheet has been issued for major penalitieis under rule 25. Should I deny all the charges or should give detailed reply to charge sheet and kindly advice me if any penalty is established after enquiry then what would be the penalty. Ardound Rs.7.4 lacs stands recovered and still Rs.5.9 lacs is pending from the Advocates which was excess paid. The other Charge sheeted Officer was appointed as Law Officer in the Company. There is no provision to make DA any lawyer, but since co CE is having legal back ground, should I move an application before EO for defending my case by a Lawyer. However, there is no provision in the CDA rules for utilization the services of Lawyer as Defence Asstt. Further Kindly also convey me some names and addressed of Advocates dealing with Service matters so that I may contact them and take their advice how to handle the enquiry case and to get my reply to charge sheet drafted. Kindly keep the information confidential. The other co CEs have also been issued charge sheets in the same rules as issued to me. Kindly advise my queries. I shall be very thankful to you. My mobile no.is 9417431824.

Sri   11 September 2014 at 23:10

Judicial custody -urgent

I have lodged a complaint against a tenant under 420 .magistrate granted judicial custody ,however I have come to know that the tenant managed the police and was not in judicial custody and was out till he was granted bail .now police are deliberately avoiding to investigate although I have all evidences .
Are there any records of judicial custody with the jail authority or is there there any way to ascertain that the court orders judicial custody were not violated ?

GANGO PADHYAYA   11 September 2014 at 22:50

Recovery p flegal fee

Sir

I and my senior enter in to M.O.U. agreement with clients in a Land Acquisition Case.

After my senior death the client moved a petition for En-cash-ment of Fixed Deposit amount from Civil Court Deposit in a Land Acquisition case

Where the clients had a agreement with me and my senior there is a condition that at the time of reeving compensation the clients should/shall pay 10% as agreed in MOU.

But now after my senior death the clients moved a petition for :En-cash-ment of Fixed Deposit amount" with another advocate for file cheque petition.

Now with that MOU agreement what should i do to recovery (Suggest ways and sent any MODEL FORMAT IN THE PROCEEDINGS)

As well as to attach Civil Court Deposit till my legal fee discharge.

Suggest more/many ways to recovery fee and to stop execution proceedings of new advocate


Regards