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krishna   17 July 2014 at 13:36

Null and void

Hi,

The hearing for my petition on Null and Void has started. I have few questions

1) my wife is challenging me that she i cannot prove that she is already married
2) my wife is challenging that she will ruin my life as the court will take years to settle the case
3) my wife is challenging that she will accept divorce as the court will take years to settle the case

under the above condition, i have decided to leave my state and have a living relation with another girl (without marrying her) and attend the court hearings. the girl and her family agreed on this.

can you please tell me what kind of precautions i have to take.
if by chance my wife knows about it what actions she can take..

Namakkal Raghavendran   17 July 2014 at 13:27

Eligibility of members of an association

An association was formed by a group of employees to legally fight an adverse order of the Govt. The association won their case in the first court. When the Govt had exhausted all channels of appeal, they came out with the offer that only the persons who were members of the organisation at the time of filing the suit, will be given the benefit and the members who joined later, during the pendency of the proceedings will not be eligible for the benefit.

The query is: Is the Govt.'s stand correct legally?

SUSHMA YADAV   17 July 2014 at 13:15

Registarability of rent agreement

Dear Sirs,

I want to know about the registrability of Rent agreement executed for the period of 11 month. Is rent agreement for 11 month is required to be registered compulsorily. as I have change my address in Bank, aadhar card and voters ID. If it is so then please tell where it will get registered in Delhi and at what rate the stamp duty to be paid? I live in Uttam Nagar.

AMIT KUMAR SHARMA   17 July 2014 at 12:40

Gratuity act.

Dear Sir,

I have worked with an organisation for 4 years 10 calender month from my joining date. I applied for gratuity but employer is not ready to give and saying that as per act i am not eligible to claim gratuity since my service is less than five years.

I have read complete Gratuity Act and Rules 1972 but there is not mentioned the number of days to eligibility for Gratuity.

In the Act only "Not less than five year" is mentioned.

Kindly Provide me exact number of day to eligibility to claim of Gratuity and where it is mentioned so that I can show to employer the exact no. of days to eligibility to claim of Gratuity.


AMIT SHARMA

Member (Account Deleted)   17 July 2014 at 12:07

Advice

Hi Experts,

Wife harassed the husband with quarrels on small issues (Injured herself, hit her head on wall and call the police)however he is giving her maintenance 5000/ per month. Husband is in Army and now he says that he will not live with her as he is very afraid of fake allegations.
Wife living separated in the matrimonial home since 3 months.

Now my queries are under.

1. If he do not go to her what she can do to harass him?
2. Can she file case to claim more maintenance, property or alimony?
3. Husband salary is 30000/- per month and no other liabilities, no dependent except wife and daughter 10 yrs. Parents are self dependent (His father is ex-service man).


I want to know what she can do if he don't live with her.

kindly lightened on above and give your valuable advise.

Regards



Manoj   17 July 2014 at 10:48

Partnership act

There are 3 partnership deed.

(1) Partnership deed between A,B and C.This deed were registered and was also registered with Registrar of Firm.
(2) B and C decided to retire from above mentioned partnership and D joined as
partner with A.
(3) after few years D decided to retire and E joined as partner with A in the existing firm.
It has been 20 years by now but
No (2) and (3) partnership deed are not registered with Registrar of Firm till date.

question:
Can we now registered the partnership deed
No(2) with Registrar of firm which partnership is not existing ?

and if No(2) partnership is not registered with Registar Of Firm can the No (3) be registered now ?

prakash   17 July 2014 at 10:38

Withdrawl of provident fund (epf)

Sir,
I have resigned from my job 3 months ago.Now
I am an employee of other concern.Where my my p.f.is deducted every month.
I wish to withdraw my p.f.from my previously
employer.Can I do so?

Dipak   17 July 2014 at 10:33

Doubt about consent and signature of executant on power of attorney

A divorce petition u/s.13(1)(ia) of HMA has filed by power of attorney holder of nri wife in family court of India. The power of attorney deed shows that it has executed in India by nri wife and notarized by Indian notary and with stamp of Rs.100. There are photographs & signatures of wife and holder of power of attorney on deed of power of attorney. There are no thumb impressions of party and holder of power of attorney on deed of power of attorney. There are no witnesses on the deed of power of attorney. Respondent husband has doubt about the consent and signature of wife on power of attorney. Because there is no thumb impression of wife on notarized document and wife’s elder sister looks like similar to wife.
Que: Can husband arise the doubt in court about validity of power of attorney deed as there are not thumb impressions and witnesses of wife and holder power of attorney though power of attorney notarized by Notary?

Sushil Kumar Sharma   17 July 2014 at 10:22

Establishing sexual harassment comittee

Dear All experts,

We are a Private Limited Company. Is it mandatory to constitute "Sexual Harassment Committee" even for only 1 woman employee?
If yes, then How to constitute such committee in our company. Please guide.
There is only one woman employee in our company.
Please provide some reference.

Thanks in advance.

Sheetal   17 July 2014 at 10:01

Motor accident claim of injured minors

In Cruel incident on fateful day on 18th may 2008 at Nasik in road Accident My Mom, Younger Sister and her husband as well only daughter of them expired on the spot. While elder sister & her husband(jijaji), & their two children ,one 4 year old son and 8&half year old daughter as well my father was got injured seriously and hospitalized out of which my Father and Sister died in hospital in span of month.

And after that my niece and nephew( elder sister children) were in coma for longer period. As there Paternal grand mother and uncle did not come forward i have done all medical expenses and taken their care . Both were hospitilised around 9 to 10 months and were critical i have done around 6 to 7 lakhs expenses in 2008.

After that in District i filed petition for guardianship of both minors against parental Grandmother. And as wanted Honorable district court Judge given me Guardianship of minors in respect of person while Grandmother has been given Property guardianship of only which i was denied .But while giving this judgment as district explained each and one aspect of properties and person in detail and given guidelines. But though i mention in my original petition i am interested in children welfare only not in property but all Medical expenses for injured children i have done so i have been given right to file petition only 2 injured claim of minors so that whatever amount i expense can be recovered by me. As i am from middle case and big amount has to recover(Around 6 to 7 LAkhs).though district court agreed and mentioned in order all medical care and expenditure done by me . But they do not mention about who will file Injured claim. Though Death claim of both Grandmother can file for that i should not have any objection.

So in this case Paternal grandmother filed 4 claims 2 death claim and 2 injured claim of minors without making me party after knowing from other source i appeared there. But now Court asking for all medical bill and saying that all those expense will not be given to me that will go into under minors name. My advocate in that court saying you have to file one more another petition for that again in District court where i got Guardianship order. My intention is take amount whatever i expended and bearing that big amount bills since last 7 years. As that will be very helpful for me in all aspect or it will put me in financialy bad situation.

Here my question why Motor accident claim Tribunal (MACT) can not give me medical expenses which are separately filed in injured claim as in district court order it is proved that all medical expenses done by me. While MACT is also asking for all Medical bills and report from me .SO MACT not giving these amount expensed by me not to me and again i have to go to court which given guardianship judgment to me and produce same bill and get amount. So samething i am doing twice and already spent six years now in another court for samething will spend more time . So please help me out here what can be legal provision and what can be done so as i could get my medical expenses. And where should i submit original bills.
I May be wrong here saying that that Motor Accident claim has two components as below.

1) Financial Loss of Dependants due to future loss of income of Dead relative.

Motor Accident claim Component=>Financial Loss of Dependants due to future loss of income of Dead relative.
Probable beneficiary =>Legal successor of dead .its property for them
Property(Yes or NO)=> Property for them

2)Motor Accident claim Component=>Medical expense incurred.
Probable beneficiary => Who has incurred Expense.