tarun
04 March 2009 at 20:53
DEAR LAWYER CLUB MEMBERS ,
HERE IS A PECULIAR SITUATION with one of my clients ..may be u can help me find some solution :-
In year 2000 Mr. A died in a road accident laeving behing his widow and three minor childre, 11, 9 and 7 years . Wife filed a CLAIM in M.A.C.Tribunal AND IN 2005 an award of Rs. 9 lac passed . Widow get around 4.5 lacs ,to be deposited in FDR for 5 years ,rest distributed in children.
in 2003 she received a notice from another MACT court whereby she came to know that one "B" was died IN 1999 in a road accident by the vehicle belonging to A,DRIVEN BY DRIVER OF A , .she appeared through his counsel but the counsel did not cared and the court impleaded her as legal heir of the respondent AND PASSED an award of Rs. 5 lacs , as the vehicle was not insured at the time of Accident.
i entered at the stage ofExecution , filed my objections but ,court rejected , i approached High court ,which stayed the execution but instructed me to deposit the amount in installments ..so far i have deposited arnd 2.5 lacs , now the widow has no money to deposit , she has a residential house in her name before the institution of these cases. suggest how to save her from this execution.
Guest
04 March 2009 at 20:39
Dear Sirs,
A person died intestate by leaving a plot and only a son. How the plot should be transferred from the father's name to son's name, in the following two conditions? Whether he has to approach the court of law or only revenue authority to get it transferred in his name.
(a) The subject property is the self acquired property of the father.
(b) The subject property is the ancestral property.
Kindly also advice me that the person, who died intestate has two sons and three daughters and how the property can be transferred to his legal heirs.
Please inform me which sections and which Act, I have to refer to get clear idea about this aspect.
Thank you very much in advance.
Jithendra.H.J
04 March 2009 at 20:34
A case is filed uunder section138 of NI Act, the accused examined himself as DW1, he filed witness list, the court ordered to take hand summons to the witness, the hand summons was not prepared in the office, but the court after two hearing closed the defence side evidence posted for arguments stating that the accused neglected to recieve the hand summons, acutallyit was not fault of the accused, the accused preffered revision before the District Court. the complaint intentionally evading the sevice of notice to get the complaint disposed off.
what is your suggestions to the accused.
Jithendra.H.J
04 March 2009 at 20:33
it is reported in ILR 1996 KAR (Sujatha Vs Indain Bank, and it is held that if oonce case posted for judgment, no application to recall or advance hearing for any other purpose.
it means onece the case is posted for judgment it cannot reopened, is there any recent judgment that the case can be reopended?
Vikas Kr. Sinha
04 March 2009 at 18:08
If a cheque is dishonoured due to "Stopped Payment" by the drawer.
Whether in such case complaint under section 138 of N.I. Act is maintainable?
If yes, please give any ruling.
SARAVANAN.R
04 March 2009 at 17:09
Sir,
In I.D ACT, prohibition of Strikes and Lockout is mentined in the relevant sections. My question is why this two notices are necessary.
Please tell me whether I am correct in assuming that In six weeks notice, date is not specified. In 14 days notice, date and time is clearly specified.
Please feel free to answer this.
SARAVANAN.R
04 March 2009 at 17:09
Sir,
In I.D ACT, prohibition of Strikes and Lockout is mentined in the relevant sections. My question is why this two notices are necessary.
Please tell me whether I am correct in assuming that In six weeks notice, date is not specified. In 14 days notice, date and time is clearly specified.
Please feel free to answer this.
sairasiddiqui
04 March 2009 at 14:21
Differnce B/W Memorandum of Understanding & Agreement
Regards
Saira Bano Siddiqui
Student CA-Final
Suresh
04 March 2009 at 12:48
X is the manufacturer and Y is one of his distributors. Owing to payment issue X assigns his trademark to Y to settle his payment on 2006. Y has also filed the T.M.16 and T.M. 24 before the Trademark Registry for the recordal change proprietorship. Later Y came to know that X has again assigned the same trademark to another distributor “Z” on 2008 to settle the payment.
The assignment made on 2006 to Y was on stamp papers, whereas the assignment made on 2008 to Z was on white papers. But in the affidavit before the Trademark registry X has mentioned that Y has fraudulently obtained the assignment without his knowledge, hence the said assignment would not withstand and only the assignment made to Y is valid.
Other facts:
X has also defrauded another distributor, and C.P has been filed for liquidation of assets of X’s Company and the said suit is pending before the court.
So, my query is
Can X revoke his assignment by way of affidavit filed before the Trademark Registry?
Whether the later assignment to Z is valid?
What remedy available to “Z” against of X?
Can Y file suit against X for making such affidavit before the Trademark Registry?
Your Valuable opinion is much awaited
Thanks and regards
Suresh
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relaxsation for the post of Sub-Inspector (Enforcement)
sir i have for applied for the above post
wethter i would also cosidered OBC in chandigirh also
sir i am resident of haryna ibelonge to the cast of OBC , so pls sir
intimate me for the relaxsation of age in case of my concerns
my date of birth is 01 oct 1983.
i am law graduate (three year)