K.S.Srinivas
15 August 2014 at 20:35
One of my friends while driving a car hit a person walking on the road. That person was admitted in the hospital and discharged (after 3 days)after giving the necessary treatment. The treatment was given under medico legal case. All the medical expenses are borne by my friend. The discharge summary and other receipts (all originals) are taken by the family members of the injured person. My friend is apprehending that there is a possibility of filing a case claiming compensation in future. Kindly suggest what is to be done by my friend so that he can not face any legal problems in future?
hemant
15 August 2014 at 18:50
All Respected EXPERTS,
your help is required,please
Please give your opinion and case laws with citations
1. a person "A" applied for a flat of "B" authority in response to a public notice ( where by the authority authorized Bank C to sale and accept forms of its flat scheme ) through Bank "C" as per advt. of authority and got his application financed by bank.
2. B mentioned in the information brocher that the result of allotment will be displayed on website.
3. B posted the result on website which A was due to his busy exam schedule could not see.
4. Authority posted the origional allotment letter at address of bank in name of A instead of sending the allotment letter to the applicant , which bank negligently did not handed over to A nor informed A about his allotment.
5. A got the information about his allotment of flat after last date of payment from third person.
6. when A contacted authority they said they informed the bank hence they are not liable (whereas in earlier schemes the authority always informed the applicant and sent allotment letters to the applicants.)
The authority changed this practice without notice.
7. when A contacted Bank they said they are under no obligation to inform the applicant about the receipt of allotment letter on his behalf as it is not written in the contract of financing the application for flat made by A with the Bank.
8. Now authority has declined refund of money and has served notice of cancellation of allotment.
9. Bank has debited the financed amount from the account of A.
10. Result - A got nothing neither flat nor refund.
Please advice A
pushpakrishna
15 August 2014 at 18:20
Dear Experts,
a person filed a suit for recovery of the amount and the same is dismissed by the Hon'ble court 2012. we filed a caveat petition th.a high court advocate. but the person did not prefer an appeal in the court in time .latter the person filed an appeal in the high court along with condo nation delay petition in the high court.but directly we received appeal notice.our advocate is telling that high court will consider the condonation delay and give the appeal number directly .with out giving an opportunity to the party is it possible to give appeal no.by the high court.kindly clearify.thank you.
KANTA CHATURVEDI
15 August 2014 at 18:00
महोदय, सादर नमस्कार
1. मेरा नाम कांता चतुर्वेदी W/O डॉ. पंकज तिवारी निवासी रिद्धि-सिद्धि नगर, चित्तौडगढ़ है l
2. मेरा पदस्थापन राजकीय उच्च प्राथमिक विद्यालय, रेणवास, तहसील-कोटडी, जिला भीलवाड़ा में प्रबोधक अध्यापिका के पद पर वर्ष २००८ में हुआ लेकिन कोई स्थानांतरण निति नहीं बनने के कारण अभी तक मेरा स्थानांतरण मेरे गृह जिले चित्तौडगढ़ में नहीं हुआ है
3. मुझे जिला शिक्षा अधिकारी ,भीलवाड़ा ने अग्रिम आदेश तक मेरे पति जे.के. सीमेंट वर्क्स, निम्बाहेडा जिला-चित्तौडगढ़ में सेवारत है l
4. मेरे परिवार में हम दोनों के अलावा एक पाँच वर्ष का बेटा व् वृद्ध सास ससुर है l मेरे सास ससुर मेरे पति के साथ चित्तौडगढ़ में रहते है व मेरा बेटा मेरे साथ रहता है l
5. पिछले दो वर्षो से मेरे बेटे की तबियत ख़राब रहने लगी है, वो बार बार बीमार हो जाता है जिसके कारण उसे अस्पताल में भर्ती करना पड़ता है l मेरा पदस्थापन इंटीरियर में होने के कारण मुझे उसे अस्पताल ले जाने में बहुत समस्याओं का सामना करना पड़ता है क्योकि में अकेली अपने परिवार से अलग रह रही हूँ l
6. इन सभी बातों को ध्यान में रखते हुए मेने वर्ष २०१२ में जिला शिक्षा अधिकारी, भीलवाड़ा को अपनी प्रतिनियुक्ति राजकीय उच्च प्राथमिक विद्यालय, कविनगर (हमीरगढ़) जिला भीलवाड़ा करने के लिए आवेदन किया जिसे स्वीकार करते हुए उन्होंने मेरी प्रतिनियुक्ति उक्त विद्यालय में अग्रिम आदेश तक शिक्षण व्यवस्तार्थ कर दी लेकिन वापस अगस्त २०१४ में पुनः मुझे मेरे मूल पद्स्थान राजकीय उच्च प्राथमिक विद्यालय, रेणवास, तहसील-कोटडी, जिला भीलवाड़ा ज्वाइन करने के आदेश दिए गए जिसके कारण मेरे सामने फिर वही पुरानी समस्याएं आ खड़ी हुई है
7. मेरे मूल पद्स्थान पर भी में शिक्षण का कार्य ही करती थी और प्रतिनियुक्ति पर भी में शिक्षण का कार्य ही कर रही थी
8. इस प्रतिनियुक्ति से मेरे मूल पदस्थापन वाले विध्यालय को भी कोई आपत्ति नहीं थी और प्रतिनियुक्ति वाली जगह भी टीचर का पद रिक्त है
तो में आपसे यह जानना चाहती हूँ की क्या न्यायालय से में कोई मदद ले सकती हूँ ताकि मेरी प्रतिनियुक्ति आगे भी चलती रहे क्योकि जहा पर मेरी प्रतिनियुक्ति है वहा पर टीचर का पद रिक्त है और मेरे मूल पदस्थापन वाले विध्यालय को भी कोई आपत्ति नहीं है
Hira Kan
15 August 2014 at 17:00
I am not engaged in any business.
I am filling ITR - 2 since last five years.
Now, I want to invest Rs. 1 Crore in Reliance / Government Bond.
I am regularly filling my wealth Tax return.
The aforesaid investment will be blocked for Five years and every year i will get return of Rs. 10 to 12 Lacs.
Now, Please confirm whether I will be covered under 44AB(Tax audit) due to said investment ?
You are also requested to confirm, the applicability of other provisions, if any due to said investment.
Thanks,
vikas
15 August 2014 at 16:57
58. That the licensee shall stand ipso-facto determined without any right to compensation whatsoever to the licensee in any of the following events.
If the licensee (s) being an individual or if an firm, any partner in the licensed firm, shall die or at any time be adjudged insolvent or shall have a receiving order for administration of his estate made against him or shall take any proceeding for liquidation or compensation under any insolvency act for the time being in force or make any conveyance or assignment of his effect or enter into any arrangement or composition with creditors or suspend payment or shall introduce a new partner or shall change the constitution of partnership or if firm is dissolved under the partnership act.
OR
The licensee being a company shall pass a resolution or the court shall make an order for the liquidation of its affairs or a receiver or a manager on behalf of the debenture holders shall be appointed or circumstances shall have arisen which entitle the court or debenture holders. Shall be appointed or circumstance shall have arisen which entitled the court of debenture holders to appoint a receiver or manager, provided always that such determination shall not be prejudice any right of action or remedy which shall have there after accrue to have licensor.
Hira Kan
15 August 2014 at 16:55
I am not engaged in any business.
I am filling ITR - 2 since last five years.
Now, I want to invest Rs. 1 Crore in Reliance / Government Bond.
I am regularly filling my wealth Tax return.
The aforesaid investment will be blocked for Five years and every year i will get return of Rs. 10 to 12 Lacs.
Now, the said investment will covered under 44AB (Tax audit).
Kindly confirm, whether any other provisions applicable due to said investment.
Please guide me.
RK
15 August 2014 at 16:51
Dear Sirs,
My father was expired in August 2003 when I was 19 years old (Single) and my elder brother 30 years old (Married). Before he died made a WILL in the year 2002, that the Property bearing SY No. 324 Area 200 Sqmtrs. On which one RCC two storyed building was constructed will be divided in equal ratio (i.e Equal ratio in Land as well as in RCC building) .
I was emotionally & mentally upset due to sudden demise of my father and completely dependent on my elder brother. One year later, in 2004 my elder brother mutated the land in his own name by threatened me and took my willingness forcefully.
Sir, My question is what are remedies now available for me to restore my right in the said land as well as in RCC Building.
Hoping for positive reply
ChandanLawyersclub
15 August 2014 at 16:36
Dear experts,
I am married from last 12 years, have no kids. I did a big mistake 9 years back bought a joint property on name with her, now value 100L. From that point my wife’s behavior changed bit, she stopped have relations with me. To show my anger in 2008 I changed the job without telling her moved to another city, almost disappeared from world for 5 months, joined new company 2500 kms away, this was based on wrong advise of my elders. My wife joined me after 3 years gap post 2 RCR notices, she conceived and miscarriage after 4 month. Now she is not ready of any child, nor she want to adopt , nor to take treatment. I have gone all my advance fertility test, doctor says your wife has medical problem. I have requested many times to my wife to have treatment, have kid, she tells me, she feels unsecured due to my past behavior of joining another company without informing her. Due to this she want 50% of house money to be given to her. I am selling the house and giving 50L to her next month. I have shown my house papers to lawyers in past each one told her name is present as joint owner so you need to forgo 50% even in case of divorce. It took long time to me to get ready to forgo this 50%.
Now I am selling the house giving her 50L next month to buy house only in her name. I want to save marriage, so want to go with this choice. Here I want to see whether she fulfills her commitments. My major problem with her is child. If that gap filled I am emotionally happy, Ok to live with her.
My worry is if after giving this 50L she refuses to take treatment or change her attitude to adopt child . If I file a divorce will court consider this 50L as permanent alimony? She is double post graduate a teacher earns 20 thousand salary. 50L house will fetch 20 thousand rent per month, so total her earning will be 40L per month+50L asset. How long she can drag the divorce case even after paying so much?
Other route for me is file a divorce right now and attach 100L property in my petition, give 50% latter on in mediation. Here also it will be again contested case. Will this route save my time to get contested divorce and alimony? if this this route has some advantage then only I would like to consider.
request experts to comments.
Regards
Chandra.
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