VINAY B SHAH
21 October 2013 at 18:11
Respected sir,
I am from Plaintiff side.
The Plaintiff is a commission agent and carrying on business as a sole proprietor. The Plaintiff in past had a business relation with the Defendant no. 1 to 6. The Defendant no. 1 is a partnership firm and Defendant no.2 to 6 are its partners of the Defendant no.1. The Defendant no. 7 is the wife of the Defendant no.3 and Defendant no.8 is the wife of the Defendant no.5. The Defendant no.7 and 7 has stood as a personal guarantor and mortgaged their property in respect of the amount received by the Defendant no.1 to 5 on the basis of Invoice Value.
Partners are not giving my payment after due date. so can i clam on Mortgaged property.
PLEASE GIVE ME YOUR OPINION & REFERENCE & JUDGMENT ON IT
THANK YOU
N.Sharma
21 October 2013 at 18:00
Sir,
Longback in 2006, we entered into a contract with one author to publish his book. written Agreement was done and his friend was signatory to the agreement. He sent his photograph to be printed on the book by email after two weeks. The book was published in 30-40 days. Few days after we came to know that the author has got his book published by some one else with our ISBN mentioned on it. We sent letters/notices to author, publisher and photocomposer (i.e. all the three addresses mentioned on the book), No one replied. Again the notices were sent (no deflamatory or derogatory languge used in the letters) again no reply was made. We gave complaint to the police, who failed to trace the publisher, author said I purchased the ISBN by paying cash without any receipt. And photocomoposer said I have filed the case against us in the court. Police close the case saying matter is subjudice. We wrote letters to higher authorities, who started the enquiry against the author, but suspended it when he wrote the matter is subjudice.
The photocomposer file cases (1) u/s 499 for defamation (2) Recovery of Rs. three lakh as business loss (3) A case against the institution where it was doing business for cancelling of contract with us as a party in 2007.
We filed a case against the author, institute where books were supplied and publisher, for demages our advocate forgot to file original contract and hence we lost the case. An appeal is pending in the session court.
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Our question is why and how a photocomposer can file cases against us when we done what is our right to stop the sale of illegally produced book. interestingly later on we came to know the husband of photocomposer is signatory to our agreement as well as publisher of illegally produce book and payment from the institute made by cheque goes to his account.
We are now made accused in the 499 CrPC case of defamation and evidences etc. procedure to be follow now.
What are the prospects and remedies for us as we never do any thing wrong nor any derogatory or abusive language every written in our notices/letters.
Please guide us with your expert views. And what are available remedies if we convict without any fault of us.
Jaswant
21 October 2013 at 17:37
Can anyone tell what are the charges for Arbitration in Pune and how to proceed for arbitration
kalpana
21 October 2013 at 17:35
A second charge was created against a property belonging to the company now the first charge holder has ceded the charge in favour of the bank the company has defaulted in payment of money due to the bank now the bank wants to modify the charge since it has become the first charge holder can it to do so earlier it was shown as second charge holder the company does not want to get the charge registered any procedure in this regard
Naeem Shaikh
21 October 2013 at 17:08
I have taken a flat in kondhwa area, Pune. I have also payed all the money to my developer and made the flat registration on my moms and my name, but now the developer is asking more money and not giving me the possession not just than he has given the flat on rent to some other person and on asking he is demanding more money or else threatening never to give my flat possession to me ever.
the total amount we agreed on was 1796000, and I have paid the whole amount but still he asked me to pay him 50,000 as developing charges again and 35000 for electric meter I even got agreed on that and made my registration from the governments office by paying around 180000 for all stamp duty and other charges in feb 2013 but now he is asking me 700000, and not handing over my flat to me and not just that he has given my flat on rent to someone else, while on asking him about it he said you go to police or to consumer court I am dont care, we will see that if the case will be on board after many many years till than forget about your flat or the easy way give me this money and take your possession. I dont know what to do can you please advice as I have all the registered documents with the Disk but as what I think if I go to police and as he is not worried about them so what to do? and even If I file a case against him which will take many years to get a judgment so what I can do till than.........?
INDIAN LADY
21 October 2013 at 15:33
Dear All , I had given 406/498a complaint agaist 5 accused including my husband but police has registered FIR against my husbandni only. Now how the rest accused can be punished after leagle trail in court. Kindly advise .
JASWANT VIJAY AGNIHOTRI
21 October 2013 at 15:32
I am helping a 75 yrs old man-
his wife 72 yrs old died 10 days ago, in her a/c 50,000 money is left. No nominee is mentioned in Docs. Their 03 sons (all above 25 and all gov servant) are separate from last 15 yrs. Canera Bank is not giving money to husband and saying that he should take clearance and come in bank with his sons. father well knows that the sons will not support him. This money is blood of husband and he need it urgent. he is hungry. bank manager is not supporting.
Father is army retired and old lady was victim of their Daughter-in-law and son's cruelty.
please advice what to do...?
aanchal
21 October 2013 at 15:29
meri shaadi ko 1 saal ho gaye hai. mere husband ko main pasand nahi thi, phir bhi usne ye shaadi ki kyunki usko paise chahiye the. apni 4 bahano ki shaadi ke liye, our apne chote bhai ki padhai ke liye. shaadi ke 15 din baad mere pati ne mujhse kaha ki meri shaadi meri marzi se nahi hui hai, mujhe mere ghar walon ne dabav dala tha. baki mera tujhse koi bhi lena dena nahi. baad main usne mujhe kaha ki divorce de de , main nahi dunga. jab maine apne sasuraal walon ne bataya to sab ne bataya ki haan ye sahi hai. lekin nibhao usmain kya hai. uske baad in logo ka dahej ke liye pareshaan karna shuru ho gaya. pati, saas , nanade, devar sabne shuru kar diya, is bich baby ki khabar aayi, uske baad in logo ka our pareshaan karna shuru ho gay. our kaha ki agar bacha chahiye to kharcha lekar aa. maine mana kar diya. hua ye ki us bache ko in logo ne tourcher karke maar dala. mere koi bhi bhai nahi hai. hum 2 bahan hi hai. our main badi hoon. mera sasur pehle to mujhe boltaraha ki kuch mat batana sab thik ho jayega. lekin 7month ke baad uska bhi shuru ho gaya. maine bahot koshish ki sab thik ho jaye lakin kuch bhi nahi hua. jab baby mar gaya to mere pati ne mujhe pyar dena shuru kar diya. our kaha ki tu thode din tere mayke chali ja. phir main tujhe lene aa jaunga. lekin uske baad na woh kabhi aaya na hi mila. uske baad woh log mere mayke aaye our mere papa se jhagda kiya, lekin midater ki vajah se sulah ho gayi. phir mere pati ka phone aana shuru hua, our woh phone tab tak aaya, jab tak ki uski sister ki shaadi nahi ho gayi, our jaise hi shaadi hui uske baad usne mujhe bol ki mujhe teri jarurat nahi hai. uske baad usne meri complaint kar di police main ki ye aana nahi chahati hai. uske baad maine us per case kiya. DV ka our dowry ka. DV ka case chalu hai lekin dowry ka case mujhe bhiwandi main karne ko kaha gaya , woh dowry ka case vaisa hi padaraha. ab maine ek galti kar di. mainr pehle FIR nahi karvayi thi, ab jab main FIR karne ke liye gayi thi, tab councling hui. is councling main mujhe mere pati ne mafi mangi, our kaha ki ab aisa kuch bhi nahi hoga. sab thik ho jayega. mujhe ek moka de. maine usko ek moka diya , our FIR cancal ka di. cancal karne ke baad mahila vibhag valon ne mujhe bataya ki kisi bade aadmi ka phone aaya tha humko our bola gaya tha ki FIR nahi honi chahiye. jab maine pati se baat ki to usne mujhe bataya ki ye sab sirf FIR rokne ke liye hi hua tha. ab tu fans chuki hai. main jo condition lekar gayi thi use bhi un logo ne usse nahi likhvaya tha, sirf bola gaya tha. ab mujhe dar hai ki jo jawab main likharwaha dekar aayi hoon. kahin uska bhi koi misuse to nahi kiya gaya hai, kyunki mere pati ne abhi tak muje koi bhi phone nahi kiya hai, our na hi mmassage kiya hai, usne kaha tha ki main tujhe lene aaunga, lekin aaj 20 din ho chuke hai woh na lene aaya na milne aaya. maine usper phir se jo vishwas kiya uska usne fayda utha liya. ab jo woh mujhe phone nahi kar raha hai, na massage kar raha hai, iska matlab hai ki usne khud ke liye kuch safe side rakha hua hai, lekin kya woh mujhe samjh main nahi aa raha hai. am kya karoon. maine ek baar phir dhoka kha liya hai.kya ab main kuch bhi nahi kar sakti hoon. kya mere haath main ab kuch bhi nahi hai.
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Meal allowance and pf
Dear Sir,
I want to know the ambit of recent Whirlpool case. we are a software company everyone having salary of 6500.We do not provide any food concession but we do pay meal allowance to every employ irrespective of whether he is on duty or on leave. Is this decision will be applicable on us also.