Anuj Saxena
18 March 2014 at 22:21
Hello Sir
I am fighting my Crpc 125 case in person.
Due to unavoidable circumstances, I won't be able to attend next date of court proceedings i.e. on April 4th.
Please clarify me on
1) Can I move any application in the Hon'ble court to change the hearing date. If yes, on what grounds
2) If I don't go with moving any application, then how can I inform Hon'ble court that I will be unable to attend the court.
3) Is there any action, if I don't inform the court and just don't appear on the said date.
Please suggest.
venkatesh
18 March 2014 at 22:04
Dear Sir,
I require your advice and suggestion clearly on the following:
1) One of the Employer entered Lease Agreement with Lessor for 3 years lock in period. After lock in period 3 months notice on either side for terminating the lease agreement / vacating the commercial office space.
2) The lease agreement is not registered.
3) The lessee due to expansion decided to terminate the lease after one year accepting 3 months notice period
4) Now after 3 months notice period, Lessor not willing to refund Security Deposit amount, giving reason of not getting suitable tenant at the same rate agreed by lessee.
5) More than 5 months after the notice period, nearly for 8 months lessee forced to pay rent.
6) Security Deposit is for 10 months.
7) Now new Lessee is willing to come at a lesser rate, viz. Rs.5-10 less than the lessee paid to the lessor.
8) Can the Lessee refuse to pay rent further and demand refund of security deposit?
9) Or Lessee need to pay for the entire 3 years lock in period though the lease agreement is not registered
10) Simply, its a black mail of the lessor refusing to refund the Security Deposit; not willing to take new tenant, as the lessor will be getting lesser amount than what lessor getting from the existing lessee; indirectly forcing lessee to pay rent till lease completes 3 years.
Kindly advise how our Indian Legal Law takes this into account and give justice to Lessee in a fair and decent manner.
Thanks
Venkatesh
sujay
18 March 2014 at 22:03
Suppose X is a trust which makes injustice to A and B in the same way.
Accordingly A files a petition against X in high court and HC gives relief to A.
Now in that injustice made by X, A and B both are victims, so under similar condition can B is liable for relief on the basis of that judgment, as both were victimized by the same party in the same manner and B have sufficient evidence to prove that he is victimized in the similar way? or he has to file another petition for his own?
mmsarvotham
18 March 2014 at 21:56
I joined a private Ltd company of Delhi as consultant for helping them open a company in Ghana for exporting raw cashew nuts from Ghana.Rs 50000. was fixed as fee per month in India.No paper work was made in this regard as one of the directors was a friend.
Ghana company was opened with three directors of the Delhi company and me as Resident director without share.Investment was not transferred by the Delhi company to Ghana due to some problem so it was decided that we export through a company in Ghana who will also be the supplier of raw cashew nut.For hotel stay /boarding/transportation and other expenses USD 100 was fixed as daily allowance .Again , no written agreement was made.
From February to October four consignments totaling 800MT were made.The advance amount in full as per the proforma invoice was remitted by the Delhi company to the exporter's company in Ghana directly.I obtained resident permit in Ghana and became an NRI.
During November 2013 amount for 210 MT was sent against the p.invoice for supply.
One of the directors in Delhi wanted to engage his own people/relative in Ghana and stopped my daily allowance after 19th Dec 2013.By then I had overseen shipment of 5 containers. Since no amount was paid I had to leave buying my own ticket to Delhi.Since Feb., 2013 I had spent my own funds of USD 2500 which they had promised to reimburse in Delhi.
They engaged the relative of the Director in Delhi to organize the export ad also the Director visited Ghana to have some kind of understanding with the exporter/supplier.The exporter /supplier has sent only 3 containers in January and has asked for time from them to export.
After cleverly making me to leave Ghana , they realized that they were unable to liaise with the exporter. I offered to go back to Ghana but they refused and the Director in Delhi went to Ghana himself to talk to the exporter. Some understanding was arrived at between them for shipment of balance goods but I was kept in the dark about any development.
Now since they are facing problem with exporter, they are intimidating that only after the exporter sends all goods, they would pay me the consultation fee from January which they have stopped paying and also my ticket money and USD 2500 spent from my pocket to stay in Ghana while doing their work.After making me leave Ghana and usurping all the work in Ghana ,by dealing with exporter on their own for 3 months ,once they realized that they cannot deal with the exporter in Ghana they are trying to hold me responsible for the exporter delaying the shipment. They are not willing to send me to Ghana to deal with the situation but wants me to solve it sitting in Delhi.This way they have not paid any dues to me.
The directors have always communicated over phone and refrained cleverly from sending mails. Many times they had denied having knowledge a certain matter and I had to show them all my mails.
1. I need to claim my consultation fee ffrom Jan 2014, return ticket money of USD 1200 and USD 2500 which I had spent in Ghana. I have correspondence for all the above and reminders sent by me.
2. Though I am willing to be sent to Ghana to help them get goods from exporter, I want them to stop holding me responsible for developments after 19th Dec 2013, since the date I was made to leave Ghana.
3.Though no mail was received by me till date as they have the habit of communicating through phone only, so that they can deny later, one director wrote a nasty letter today.I wish to claim damages for that.
Please advise.
M Lamba
18 March 2014 at 21:51
My wife has filed false 498A, 406 on me.
To support their false case, they have created false jewellery bills in back date (4 Years back).
Please let me know, how I can prove those bills fake :
1. Can I have something from Sales Tax Deptt. to verify whether they have accounted for this in their records 4 years back
2. Can I approach income tax department for same
3. Can I push Inquiry officer or influence Hon'ble court to testify same through any laboratory/writing expert (To verify fresh ink, not 4 years old) or so.
4. Any other ways through which i can prove these bills to be false.
Please help. Thanks
shoaib
18 March 2014 at 21:21
Sir,
In my case, a complainant in private criminal complaint has arrayed 3 employee of a company an accused No. 3, 4 & 5 with company as accused no. 1 & 2. The Judicial Magistrate issued process against all the alleged accused u/s. 3,4 & 13 of MOFA 1963.
The main contention of the complainant is that the accused No. 1 & 2 is a builder, who after receiving 100% of the amount towards the booked flat has not executed & registered agreement in his favour as per Maharashtra Ownership of Flats Act 1963.
The complainant by way of written request and legal notice called upon the alleged accused No. 1 & 2 i.e. from company to cancel the booking of flat as per terms and condition and refund the amount to complainant.
Before receiving the summons of Judicial Magistrate, the company acted on the request of the complainant to cancel the booking and refunded the amount as per terms and condition of booking application form which was agreed and signed by the complainant. The complainant encashed the amount refunded to him by company. Even after receiving the amount, continued the complaint to be prosecuted against all the accused which is abuse of process of law.
Secondly, can a employee be arrayed as an accused. They had no role with the instant alleged offence as they are just the employees and falsely arrayed as accused.
Kindly requested to provide ruling in favour of the present case
i.e. 1. after receiving amount the continuance of complaint is abuse of process of law.
2. The complainant by written request and notice asked the company to cancel the booking and refund the amount which accordingly done by the company. Hence no question arises for execution and registration of agreement.
3. The employee cannot be arrayed as an accused as they had not acted anything in their personal capacity and the entire allegations in the complaint and in legal notices are against the company.
4. The employee does not come within the definition of developer as per MOFA 1963. Hence cannot be prosecuted.
krishna
18 March 2014 at 20:19
Sir,
In recent budget, the finance minister has announced some relief to the students who availed education loan.
In the year 2006 ,student applied for education loan with a nationalized land and was sanctioned to the tune of Rs 3,86,000/00
(rupees three lac eighty six thousand only)for the period of four years.(the repayment be started after four years)The student took five years to complete his course.He started making repayments towards loan.
What is the benefit he is entitled to get either toward interest or loan under the scheme introduced by the finance minister?
krishna
18 March 2014 at 20:03
Sir,
An Indian born lady married with Indian born boy about 40 years back, settled down in the US with the US citizenship,hardly visited India,her children are also US citizen.
Can this lady claim her right on the property of her father?
IF YES:-on what ground she can claim and how can she transfer the proceedings of property to her account in the US?
IF NO :- On what ground her Indian counter part can remove her name from her claim?
KAPILA TRIVEDI
18 March 2014 at 19:57
Dear sir,
Firstly i would intro my simple case.
My fathers Grand father had 3 sons(A+B+C)
Mr. B is my grand father..
My fathers Grand father have a single room in Mumbai. He wrote a will from where he had rusticated my grand father(B) from his will.
My fathers grand father has wrote that the room in Mumbai belongs to my son (Mr.A)there had been a deal between Mr.A+Mr.C and my father and he has handed over that room to my father in full settlement.
Now the case is My Grandfather Mr.(b) married out of my caste to a lady and they had one son.
My question is that do the lady or her child have any right on my fathers Property?????
Do my grand fathers any affair out will have any right on my fathers property???
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Transfer of case HMA 13
Respected sir , My husband filed Hma13 in Patiala for which sommons r not served to me and I come to know thru his reply of 125 filed by me in Amritsar . I filed the application in HC to transfer the case in Amritsar and stay is applied on proceedings in Patiala . Now transfer is allowed by HC from 6 of Feb . Now how the case will come to Amritsar. Shall I have to give the order copy to Patiala court or HC will send the order to Patiala court to transfer the case to Amritsar court. Now next date is fixed in Patiala is 4th of April . If I will not attend the court in Patiala on 4th April then wat will be the harm to me. Kindly advise.