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Rohini   04 July 2014 at 18:50

Cpc

sir,
In a suit for partition after receiving summons the defendant could not appeared before the court and court passed exparte decree against the defendant filed set aside exparte decree petition which was allowed now the case is posted for filing of written statement, now the counsel for plaintiff not furnishing the documents which have been filed in the suit even though filing of memo, is there any provision to direct the plaintiff to furnish the documents to defendants

rahmathulla   04 July 2014 at 18:35

Constructed property

respected sir i wanted know about the property which was purchased by my father before 35 yrs the seller sold the property that is 14*40 & gaved extra passage of 3*40 we built it before 35 yrs it self which is registerd under saledeed & it has a bathroom 3*6 feet which is not under the sale deed the measurement is not in the sale deed which was given by the seller at that time now it the seller is is dead but know the 1 out of 8 legal heirs of the seller has draged us to court that he was minor at the time of sale deed as it is ancesstrial property & he has made the false allegation that we have constructed the property before one year itself know he is caliming the passage3*40 as common passage that is not mentioned as common passage in the sale deed & 3*6 bath room that which is under single roof that they have not sold to us & they filed the suit that we have constructed before one year it self we have the proof of video coverage were the marriage of the sellers son was arranged in the disputed property before 20yrs & a plan from sanitary board that we have constructed the property before 30 yrs itself & muncipality has attached the 3*40 and made the khatha before 12yrs back it self knw they wanted us to bemolish the door whih is constructed on the passage & to demolish the bath room which is end of the passage know we have sold the property to another preson even that guy is also attached to the case is there any limitations to file the suilt by the legal heirs if not is there any provision to purchase the property from the legal heir here tghe problem is that the legalheir wanted to purchase the disputed property before he filed the suit which we had sold to another guy in vex he has filed the case i hope u have understood my problem sir if u give me any idea to get rid from this dispute it will more helpful it is my humble request to me thankyou your faith fully rahmathullasp

Uday   04 July 2014 at 18:07

Asking to change job profile or doing termination

Hi,

I explain my case for consultation as how can I proceed with law suite to my company:

1. I gave interview and the Job profile offered is Development.
2. I cleared all rounds they gave offer and then I joined company.
2.a. Offer letter don't have any terms and condition, just offer of salary and designation.
2.b On first day of joining they provided appointment letter and asked to sign terms and condition. I signed as I already left my company so didn't have any option to sign.
3. At time of interview they said they have many projects but when I joined then found they have only one project.
4. They had said for first 1 month that requirement will come, but after one month they said other project manager will take you for different job role i.e support.
5. I asked for this I have not joined the company, then they said either join this or leave job.

My question is:
1. Can they put you in different job role If they promise other Job profile .
1.a If they do not have requirement then why they hired me, if they were expecting some requirement and that don't come then can they spoil my career as per their will, i.e isn't its their responsibility to take care me.
2. Without giving me any working opportunity can they fire me with this reason only that I should work whatever they say, means if they say I should clean toilet then should I accept that or sue them for spoiling my career.
3. Isn't this a mal-practise for playing with anybody future to hire him just they expect some requirement and didn't materialised, means they should mention this in offer letter that your employment depends on this requirement i.e if it comes you stay else will be relieved.
4. Also I am having home loan on me which is a big liability.

This is with Software company in NCR and I require consultation as how the case can be and how can I proceed.

Thanks and Regards,
Software Consultant

Rupesh   04 July 2014 at 16:30

Capital gain

One my client purchased a residential plot in 2009 and construction completed in 2013 and sale it in 3 parts as floors. First sale of one floor in March-2014 and another two floors in April & May-2014. In which way we will take capital gain. will take plot as long term and construction cost in short term capital gain?
Please clear

Paul Moses   04 July 2014 at 15:46

Domestic Violence

My wife has filed for divorce in 2013 one month after shifting from bangalore and given a sworn affidavit to the court in the new place when jurisdiction issue was raised. Now she has given a false affidavit as she is not a resident there. I filed for RCR from Bangalore & she has refused three summons from the court. After a year now in order to harass me she has filed 498a and DV from a separate jurisdiction while the divorce case s still pending as i have contested it. Now after i contested the DV and a showcause is being given to her. Last week she filed another DV in another court again n me and my mum. She also has a FIR on her u/s 506/507/IT Act 66a on her in Bangalore for threatening me with life and harassing my family. Also these DV etc is filed after her brother was sent to judicial custody and released on bail u/s 420 & 406. Now what case can i file on her for all this and can a woman file two DV cases in a months time. ??


,

sandykrish   04 July 2014 at 15:41

13 b mcd

Hi Learned Experts:

I and my wife have filed the 13 B petition with all the Alimony amount mentioned. Now the hearing is scheduled for 07-07-2014.

When I spoke to the lawyer he told the process goes in this way where the Husband and wife will appear in front of the court and will be immediately referred to the mediation.

My questions are:

We have filed the 13 B petition will the terms and condition while filing the MCD, will there be any further negotiations or will the wife side ask more money for alimony? If yes how would we approach the case since filing the 13 B they agreed for xxx amount now if they demand more?

Yogesh   04 July 2014 at 15:22

Election duty of government employee

The given below is text from HANDBOOK FOR BLO issued by ECI, New Delhi.

Under Section 13B (2) of Representation of People Act, 1950,BLOs are appointed from amongst the officers of the Govt. /Semi Govt. /Local Bodies. Generally,one BLO is responsible for one part of the electoral roll. The DEOs in consultation with the EROs of the Assembly Constituency
(AC)appoint the BLOs. Following is a list of categories of the Govt/Semi Govt employees who can be appointed as BLO:-
1. Teachers
2.Anganwadi workers,
3.Patwari/Amin/Lekhpal,
4.Panchayat Secretary,
5.Village Level Workers,
6.Electricity Bill Readers,
7.Postman,
8.Auxiliary Nurses & Mid-wives,
9.Health workers,
10.Mid-day meal workers,
11.Contract teachers,
12.Corporation Tax Collectors, and
13.Clerical Staff in Urban area (UDC/LDC etc.)

BLOs would continue to discharge the responsibilities assigned
to them by their parent offices and would remain generally under the control of their administrative department, but they would not be transferred without prior permission of the DEO.

ISSUE :
one employee (post-Messenger Boy) of my organization which is an autonomous body funded by State Govt and ICAR has been working at the office of District Transport Officer from past 3 years.
He has not attended a single day at his parent office and drawing monthly salary as well.

Every month letter is issued by DTO that his services has been extended by one more month in connection with election/pension related work.

Q1. Can he be legally retained year after whereas most of the BLO relieved from election duty after MAY month.
Q2. As the employee is messenger boy can he be rightfully appointed BLO or given election duty related work?

The fact is employee himself also do not want to come back at his parent office because he is enjoying and perhaps making money at outside department.

monish   04 July 2014 at 15:21

Service tax

Sir,

Whether service tax would be applicable on Cheque dishonored charges recovered from the customer under following circumstances

1)When only actual amount of charges are recovered(Cost-to-cost reimbursement)
2)When Higher amount is recovered from the customer(e.g.Rs.50 are charged by bank but Rs.150 are recovered from the customer)

shivaraman   04 July 2014 at 14:10

Question regarding sale and possession of rough gem stones

I am having rough gem stones which I got from
my deceased ancestor,I do not have any documents regarding it. so what shall I do to legalise the possession and sale of gem stones?

amit   04 July 2014 at 13:52

Genuine problems.

Dear Experts,
My problems are real and not imaginary.I am fighting a 498a case in rohtak and a DV Act case at Faridabad.Lower court has acquitted us in 498A and now the other party has filed an appeal in the Sessions Court,Rohtak.My mother is disowning me as well.For all these reasons i am looking for ur advice.

Rgrds.