PHILMON SOREN
10 April 2012 at 15:43
My father died in a road acident while returning from company. We asked the company to pay workmen's compensation but the company gave a compensation which was very less after filing a suite in the court.
After two years of case one day our lawyer told us that our case is rejected as a similar case which was going on High Court and a decision came that if the accident took place outside the company premises then workmen's compensation is not entitled.
I wanted to know is there any provision in workmen's compensation act that any accident outside company premises even while returning from company is not entitled?
akash
09 April 2012 at 17:41
Hello Experts,
I entered into an unregistered agreement to sell with a buyer. Due to a dispute, I wasn't able to fulfill my obligation and was ready to refund double the advance, as is the norm, but the buyer refused to accept. After the expiry of the agreement period, I sold the flat to a distant relative for 30% less than the agreement value from the first agreement.
Its been an year since then. The original buyer is threatening to file a complaint to the IT department and the registrar saying that I undervalued to the property which amounts to evading stamp duty. He says he wants 3 times the advance money instead of double (which was written in the agreement).
1. Is it not my prerogative to sell the property at whatever rate I choose, as long as its above the notified circle rate (which is the case here)?
2. The original buyer is not ready to accept double the advance payment, and has lodged a police complaint. The consideration value of the property is over 1 crore. The advance was Rs 9 lacs. If a case is lodged, shouldn't it be filed in HC and be civil in nature? The police is saying it would be a criminal case in a lower court. I have already given in writing to the police station that I have always been ready to refund the money. Can the other party still lodge a cheating case saying I am not paying the money (just to harass me), when in reality they are not accepting the amount to extort more money from me?
3. The property dealer is also asking for 4 times the brokerage, even though the transaction did not go through. Its worth mentioning that the unregistered agreement on a plain paper did not mention any brokerage rate. Is ANY brokerage payable at all?
Thanks You All
PREM
09 April 2012 at 06:18
Dear helpful lawyers!!Is there any order of Hon'ble Tribunal/HC/Supreme Court to clarify that merely filing a WP by contemnors for stay of the order is not correct, hence the passed must be followed and the contemnors cannot skip from contempt when about 11 month has passed since pronouncement of the order and the contemnors have been deliberately not moving in their WP filed in Hon'ble HC? If yes, Pls provide the link/extract/title/case title, as I got an order in my favor from Hon'ble Tribunal
SAPNA KANNAIDAS
07 April 2012 at 15:07
Dear All,
Section 49(2) of the Legal Metrology Act, 2009 facilitates the company to nominate any one of the directors as the person responsible for commission of any acts/offences under the rules and Act. It also has a provision of nominating other persons for different branches/offices of the Company.
Can anybody put light on whether any other officer of the Company can be nominated for the Company as a whole or is it necessarily be the director? Is it advisable to do so? Will the officer be personally liable for the offences committed by the Company?
Pls guide.
Thanks in advance,
Sapna Kannaidas
Shailendra Jaiswal
31 March 2012 at 23:22
1.Sir i want to know that in a hotel industry Hotel booked a marriage Party of Rs.2Lac in which amount it pay service tax & in which amount it pay VAT.
2.In case of Room Rent Percentage of abatement of Service Tax & Luxury Tax if Hote booked a room @ 3000/- in which amount it charge service tax & which rate & in which amount it charge Luxury Tax & which rate.
Please clarify as soon as earliest
Thanks Regards.
Ishika Ray
30 March 2012 at 14:11
What will be the legal procedure to set up a coaching center in a partnership model? Please also note we 3 or 4 friends are planning to open coaching class in my friend's resident & we all are students. Please help me & guide me in legal aspect.
Ajay Kochar
29 March 2012 at 13:37
Respected All,
I am living in a newly formed society and working as treasurer. One of our flat owner given the flat to his brother for living purpose and the owner lives separately.
But when we demanded rent agreement and Police Clearance certificate, owner refused to give the same and informed that she lives with the brother in the same flat and its a joint family. But we know the owner is not staying.
* What remedy we have to solve the problem?
* There is a need of rent agreement of the person lives having a blood relation with the owner?
* PCC is requier in this case?
Request to suggest for the same.
Mamatha
29 March 2012 at 11:33
I am a research scholar but not from law back ground.I don't intend to be spoon fed Kindly give your valuable advice.Thanking you all experts.
We are Indian Christians. I am in a confusion regarding my husband's situation. His father has left a will and expired.The will favours mostly the two sons.Hence his sisters are planning to go to court.One of the sisters has sent a legal notice alleging that the 1.the property is ancestral. 2.The signature is not father's.Both are not true.
Since we do not have children the elder brother is saying that he does not want partition deed to be executed.But he supports the WILL.Although in Andhra pradesh, WILL need not be probagated he says he wants the will to propagated.My husband fears it may be his delay tactics.In this situation what is more appropriate thing to do keeping in view of my husband's situation?. Please advice.I am sorry for troubling you all.
rahul jain
29 March 2012 at 00:27
I had filed a suit under up rent control act for the eviction of tenant which i have won from both small cause court and from additional district court.The tenant had filed a writ in highcourt challenging the decision of the adj court which was not admitted in the high court.I want to ask whether i should file a caveat in supreme court despite of the fact that i have won from all three courts small cause,adj and highcourt.
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Solution required for a rti appeal
A 1950 matter was heard by a High Court of a State in the year 2007 (Writ Petition was filed in the year 2001). Writ Petition was filed against a Government Department for claiming certain Documents. In the year 2007 the same was given in favour of the Petitioner as the Govt. Dept. did not file any counter.
A RTI application was made in the year 2012 (current year) by the petitioner of the same Writ to the PIO of this High Court for want of further Information under RTI Act (Information relates to the period 1950 to 1958 and subject of writ Petition).
The PIO of the same High Court received this RTI Application and transferred it to the Registrar(Admin) of the same High Court u/s 5(4) of RTI Act as the requested information is expected under his control.
The Registrar(Admin) does not give any response for 45 days. Then a Ist Appeal is filed with the Appellate Authority of the same High Court.
Now after 20 days of filing the Ist Appeal with the Appellate Authority of the High Court. The PIO of the same High Court issues an Order stating the RTI application was received u/s 6(1)and it is rejected u/s 7(9) of the RTI Act because it involves cumbersome efforts for furnishing the necessary information. The PIO also states that the Applicant is free to appeal to the Appellate Authority.
The action of the PIO in initially receiving the application and transfering it to some Registrar of the High Court U/s 5(4)and later after 60 days issuing an order that the RTI application seems ambigious.
The query is that: Whether the action of the PIO of this High Court is valid or not valid? The astonishing point is that the Order of the PIO was received 20 days after filing Ist Appeal with the Apellate Authority.
Please advise. Thanks in advance.