Uma Verma
16 July 2014 at 15:07
One of my friend is an unmarried daughter of her late Father who was retired from A.G. Office from the post of Clerk and was drawing his pension till his death on 20.08.2007.
The mother of my friend was not nominated for retiral benefits by her father at the time of retirement, therefore, the concerned office stopped paying pension. On 26.02.2009 her mother was also expired. During the period of Death of her Father and Mother, the matter for payment of family pension was pursueded and the concerned department was agreed to pay Rs.73000/- as arrears of Pension. But the said sanction of Rs.73000/- also kept in abeyance by the Department and till date not paid.
My friend has made several request to the AG Office to pay the amount of arrears till death of her mother and to pay further pension to her as she is unmarried daughter of her father and was fully dependent on his father, but, no any satisfactory reply is received from the concerned department. The pension paying branch of the pensioner was State Bank of Indore which is now amalgamated to State Bank of India. My friend also contacted State Bank of India, Treasury Department alongwith A.G. Office for payment of arrears of pension and family pension, but failed to receive satisfactory response from all of the concerned. Even PPO is not found with pension paying branch. My friend is exhausted making efforts since last 3-4 years and feeling very much desparate.
Please advice me whether my friend who is unmarried daughter leaving alone is entitled to receive family pension or not? Whether arrears applicable to her late mother is now payable to her or not? Please also advice future course of action as all the authorities concerned are not at all paying any attention to her requests.
anubha
16 July 2014 at 14:46
“LAWPUBLICS”, Hyderabad a partnership firm engaged in the publication of law books in India was catering the needs of the law students. “LAWPUBLICS” has three partners consisting of authors of law books namely Mr.Ramakrishna, Mr.Ravi and Mr.Hari. The firm got the copyright in these partners' (authors) books through assignment deed dated 1-1-2010 from the authors.
Immediately after the assignment, the firm started publishing these books under the name of the firm. On 1-2-2011 “LAWPUBLICS”has entered into a Co-branding agreement at Hyderabad with the “NEXLAW”, a publisher based in UK having presence in international market. As per the Co-branding agreement “LAWPUBLICS” has to make all their titles availablefor publication and marketing to “NEXLAW”. The agreement contains a term of royalty that 'LAWPUBLICS' is entitled to a royalty at the rate of 15% on all books sold in the market. The agreement also stipulates that during the subsistence of the contract either party shall not publish or market the titles and they shall be published and marketed only under the Co-branding scheme. The agreement is to be in operation for a period of 10 years and is renewable again on mutually agreeable terms. The said Co-branding agreement contains an arbitration clause. They have chosen 'London' as the place of arbitration.
On 1-2 2013 Mr. Ravi one of the authors has come out of the firm. But the firm “LAWPUBLICS” continued its existence with the remaining partners. In the same month Mr.Ravi authorized AP Law Agencies, another publisher in Hyderabad to publish all his three titles. AP Law agencies started publishing and marketing books from 1st of November 2013.
“NEXLAW” filed a petition under Section 9 of the Arbitration and Conciliation Act 1996 in the city civil court, Hyderabad praying for an injunction order against “AP law agencies” preventing them from publishing and marketing the books of Ravi.
Conduct arbitration proceedings and draft an award.
Abhay Kaushik
16 July 2014 at 14:40
Dear Sir,
One of my friend has imported some consignment from Vietnam on Ex-works basis and now the forwarder is charging Service tax on all Ex-works charges in India.Please clarify does S.Tax is applicable on Ex-works charges?
Please reply on my Email ID : kaushikabhay63@gmail.com
anubha
16 July 2014 at 14:32
Sir/Mam,
I am looking for a solution to the following problem. Who exactly should be the parties in this case and whether the arbitration tribunal had jurisdiction. Also if would like to give your comments.
Thank You
“LAWPUBLICS”, Hyderabad a partnership firm engaged in the publication of law books in India was catering the needs of the law students. “LAWPUBLICS” has three partners consisting of authors of law books namely Mr.Ramakrishna, Mr.Ravi and Mr.Hari. The firm got the copyright in these partners' (authors) books through assignment deed dated 1-1-2010 from the authors.
Immediately after the assignment, the firm started publishing these books under the name of the firm. On 1-2-2011 “LAWPUBLICS”has entered into a Co-branding agreement at Hyderabad with the “NEXLAW”, a publisher based in UK having presence in international market. As per the Co-branding agreement “LAWPUBLICS” has to make all their titles availablefor publication and marketing to “NEXLAW”. The agreement contains a term of royalty that 'LAWPUBLICS' is entitled to a royalty at the rate of 15% on all books sold in the market. The agreement also stipulates that during the subsistence of the contract either party shall not publish or market the titles and they shall be published and marketed only under the Co-branding scheme. The agreement is to be in operation for a period of 10 years and is renewable again on mutually agreeable terms. The said Co-branding agreement contains an arbitration clause. They have chosen 'London' as the place of arbitration.
On 1-2 2013 Mr. Ravi one of the authors has come out of the firm. But the firm “LAWPUBLICS” continued its existence with the remaining partners. In the same month Mr.Ravi authorized AP Law Agencies, another publisher in Hyderabad to publish all his three titles. AP Law agencies started publishing and marketing books from 1st of November 2013.
“NEXLAW” filed a petition under Section 9 of the Arbitration and Conciliation Act 1996 in the city civil court, Hyderabad praying for an injunction order against “AP law agencies” preventing them from publishing and marketing the books of Ravi.
Conduct arbitration proceedings
PGKN
16 July 2014 at 13:18
Hi All,
I am fighting a case against a Auto company for supplying me a defective vehicle.
Distt comm court had given order in our favour and allowed us compensation of 1 Lac along with change of vehicle with litigation expense. We did not go for appeal, but company appealed in state comm
and State Comm court also favoured us but removed compensation.
Can we get and what are the ways to get enhanced compensation beyond 1 Lac via appeal in National Comm, as earlier we did not go for appeal in state comm.
If no then what are other ways / means to get additional compensation as we are not satisfied and did not appeal earlier as to settle the case fast.
Thanks & Regards in advance.
Ritambhara
16 July 2014 at 12:54
A company was started with four directors, they ran the company for 2-3 years, thereafter, the company started to incur great loss so eventually the company was shut down. There was no legal formality done to wind up the company though the papers are there to show the losses incurred by the company.
Now, during the period company was existing, the same was engaged in a campaign with another company(campaign company) involving an amount of 60 lakhs. After the abrupt shut down of the company three of the directors fled from their rights and liabilities. The fourth director who works in the same area as that of the campaign company cannot jeopardize his business relationship and also he is being continuously contacted by the debt recovery people for recovery of money.
The issue is the fourth director wants to settle this once and for all with least of money( as in less that 10 % of 60 lakhs).what is the best legal stand point to negotiate the matter.
Tushar Shashikant More
16 July 2014 at 12:40
Respected Members, I request for your kind help regarding a query. I am on the side of the Respondents who are charged U/s. 295 r/w Sec. 34 of Indian Penal Code. All accused are out on Bail.
Now, the case is for hearing. The Complainant & Panchas are being called for their statement recording & testify them as witness. This will be very first instance of recording statements in this case.
Now, here aroused a situation. The Complainant is ready & agreed to withdraw his complaint. But, he is in equal dilemma whether this will put him liable for contempt.
My request to all the Respected Members & Experts,
PLEASE TELL ME WHETHER CASE REGISTERED U/S. 295 CAN BE COMPROMISED OR IS THERE ANY OTHER WAY TO PUT AN END TO THIS CONTEST AS A WHOLE. WHETHER THE COMPLAINANT CAN WITHDRAW HIS COMPLAINT? IF YES, WHAT ARE THE POINTS TO BE KEPT IN MIND FOR DOING SO?
suman kar
16 July 2014 at 12:33
If there is a house which has been partitioned and the owner of one part wants to sale of his section of the house, can he do so? Will he require anything else other than his property deed to sale?
G. ARAVINTHAN
16 July 2014 at 12:29
In a rent control proceedings with regard to eviction tenant carrying on petrol bulk, whether an application filed by Indian Oil Corporation to implead it as a necessary party?
Whether this application is maintainable?
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Intestate partition of parents immovable asset
An Christian Mother has a Individual house (self owned) in a land measuring 1 Ground in Prime location. The mother has a Son & a Daughter.
Both of the Mother's Children are Married and have two daughters each. Orally the parents have decided to give the girl the father's Job and the boy the House.
Both the parents died Intestate. Now the Girl after enjoying father's Job. Now ask for the partition in the House after her Brother's Death.
How this partition will take place according to the Christian Succession Law in India. Will the Job offered to the Girl counted while doing this partition. What share will the Son's wife (Widow) would receive?