M Sudhakar
28 November 2013 at 08:02
Is the GPA witness who is to face cross examination last in a civil case presumed to have had access to all the previous cross examinations of witnesses of other parties in the case ?
The GPA's chief examination is prepared by his lawyer who had access to the cross examinations of all the witnesses of the case and in fact he was the cross examiner- but the lawyer did not share details of these cross examinations with the GPA witness or his NRI principal because as he puts it,it will unnecessarily confuse you
Is this something to worry about ?
-Jagan
GANGAM.RAJENDER.
28 November 2013 at 07:55
SEC 258 OF CRPC " for reasons to be recorded by judicial magistrate, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal WITNESSES HAS BEEN RECORDED,PRONOUNCE A JUDGMENT OF ACQUITTAL".
Q1.NI ACT 138 case has been registered since six years back, summons not served to the directors of the firm.(ONLY TWO DIRECTORS ARE APPEARING THE CASE AMONGST THE 7 DIRECTORS).IN THIS CASE SECTION 258 OF CRPC APPLICABLE SIR.
Q2. WHETHER THE SEC 258 OF CRPC APPLICABLE AT APPEARANCE STAGE OF TRIAL STAGE?
Q3.TO FILE THE PETITION UNDER SEC 258 OF CRPC,SUPPORTING AFFIDAVIT IS COMPULSORY OR ONLY PETITION IS ENOUGH SIR?
Q4.IN THE SEC 258 OF CRPC "the evidence of the principal witnesses " MEANS, PLS EXPLAIN THE MEANING SIR.
thank you sir.
Narendra Dev
28 November 2013 at 07:06
Sir/Madam
I would like to know from you peoples, on my query which is given below:
1. I have joined my central government office duty as Technical Assistant on 13.03.1996
2. I have got promotion for the post of Sr. Technical Assistant on 18.12.2002.
3. After completion of my 10 year of service length from 18.12.2002,I may be entitled to the first/second MACP as per central government sixth pay commission. The award MACP was given to 22.11.2013.
4. I have got opportunity to face interview for the post of Jr. Technical Officer through direct recruitment from Union Public Service Commission,New Delhi and got selected on 27.11.2013.
5. Now you are requested to advised me whether MACP which given to me on 22.11.2013 is beneficial to or not. Can, I refuse to accept MACP.
Yours Truly
Narendra Dev
NSI/Kanpur
All is well
28 November 2013 at 06:30
I would like to know, how to tackle these greedy house owner in lawyer where they don't pay your money back and if you ask them inspite of leaving the house in good condition calls police and police doesn't support us since we do not understand the local language. Please help us to know the proactive measures before i change my house one more time.
Ranganath
28 November 2013 at 03:46
Ld Counsels,
Prosecution alleged that accused forged certain documents but did not mark those documents during trial. At the fag end of the trial recall petition of prosecution was allowed for marking the disputed document.
While marking the said document can the accused put questions which were not originally put such as suggesting that the said document was infact forged by the witness by taking signatures in blank paper. such question was not put in the earlier cross examination to the same witness. Will such a defense become belated defense of accused.
thanks.
Mohammed Rizwan Shaikh
28 November 2013 at 01:46
Hello Experts,
On a large piece of land, 24 buildings were constructed on an undivided land commencing from the year 1980 and formed individual societies. Our building is one of them, which is in a very dilapidated condition as its been more than 30 years and its on an undivided land.
In the 1988 4 illegal structures (prayer community hall) have come on the said land. The land owner filed the case against the 4 illegal structures in the HC. Hon'ble HC directed the corporation to demolished with the help of the Police. The matter then reached SC by way of SLP, the SLP was dismissed. Since then no action was taken by the the corporation, the matter is still pending in the HC.
As the undivided land is without Conveyance one of the 24 buildings managed to get the
Deem Conveyance from the District Deputy Registrar. The land owner was called by the DDR, the land owner stated that the land under reference have come up with 4 illegal structures and they have not been regularized yet. This way the land owner strictly objected the application for Deemed Conveyance. However, the DDR issued the certificate of Deemed Conveyance without verifying the facts of the land i.e., Undivided land, CRZ II zone and 4 illegal structures, the best reason are known to them.
Being aggrieved the land owner filed a Writ in the High Court to set aside the order passed by the DDR.
I am very confused as the landowner has made all of us a party to the case.
My questions are:
1) Should we go with the Land Owner or request the HC to grant us conveyance?
2) How legal is the Land Owners stand?
3) Can HC quash the order passed by the DDR in the current situation?
Please Help!!!
Regards,
Rizwan Shaikh
O. Mahalakshmi
28 November 2013 at 00:19
Respected learned seniors,
Differences and meanings of following.
General power of attorney, general power of attorney coupled with sale, sale deed
SRINIVASA RAO P
27 November 2013 at 22:43
Dear Lawyers Club,
I was working in one of the branches of a pvt. ltd. company as Asst. Accounts Officer till may 2013. This company is engaged in the field of Real Estate and is covered under A P SHOPS AND ESTABLISHMENTS ACT .
I got a better offer in another Pvt. Ltd. company and submitted my resignation letter in June 2013 with one day notice (since in the appointment order given to me it was mentioned as one day notice on either side) to the Personnel Department of Head Office at Hyderabad and waited for acceptance of the same by the company for one month.
Till date the company has not accepted my resignation letter but they have acknowledged having received my resignation letter.
During this one month I pursued my issue with Personnel Department at Head Office and I was told that my letter has been forwarded to General Manager (Accts) for his recommendations of accepting my resignation letter and the issue is pending with him .
In the mean time I joined the new company in July 2013 after informing the Branch authorities as well as the Head Office.
Further I sent another reminder to the Head Office to relieve me of my duties and responsibilities to ensure a smooth exit from the company.
Till date I have not received any communication from the Head Office about my resignation acceptance.
Now my question what is the remedy that is available to me under various labour laws as well as under A P Shops and Establishments Act.
Even I am entitled for Service Compensation and PF Benefits.
Kindly guide me in this regard.
srinevasarao
27 November 2013 at 22:36
Dear Sir,
My Father purchased a land on 1995 in Andhra Pradesh. At present my father and seller no more. Now 2013 i and my brother both are equally to be taken out. But we found in the registered document survey number was wrong. Land area is 2.48 cents. This Land having THREE survey numbers and all are together. All the land was registered in 0.13 cents survey number land only. Remain Two survey numbers not mentioned in the registered paper, but boundaries are written correct included whole Area. From 1995 till date we using this land. At the time of partition we find this fault.
Mr Query is:-
1)Seller side persons will not come/they are not available,
2)How to correct the survey numbers
3)Is to pay at present registration charges or 1995 registration charges, (All three survey number registration charges are different)
4) How register dept registered less quantity survey number land to be registered beside survey number land.
I requested pl. help me, HOW TO COME UP FROM THIS PROBLEM.
Eagerly I am awaiting your Reply Pl.
Regards
K.S Rao
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Refund of money paid in advance for sale agreement
I paid Rs. 3 lakhs in advance by bearer cheque to my neighbour for purchase his house. The agreement was oral not in written. After 3 months he refused to sale his house and assured refund the money within 6 months but in two years he returned only 90 thousands. The description of advance and refunded money is written on a plain paper signed by both. Now he file a civil suit (easementary right) regarding construction of my own house and saying that until I do not remove the construction and stop the the further construction he will not refund due amount.
My questions are -
1- Can I go to High Court directly for order/direction for refund due amount?
2- Is the only way of remedy is money suit in lower court?
3- Can I lodge FIR and starts criminal proceedings for pressurised him for refund the money?
4- Can both the civil and criminal proceedings be allowed on the same issue separately on the same time?
5- Which is better option for me?