Legal_Query
18 December 2008 at 12:48
dear Friends,
I have applied for the re-analysis of a food sample from the central food laboratory (PFA Act)wherefrom it passed the test. Now the trial court is not dismissing the case and is asking for judgments of court even after making the court clear regarding the provisions of 203 & 227 CrPC. Pls suggest.
Thanks & Rgds.
Kiran Waikar
18 December 2008 at 10:38
In a compensation matter, the Hon'ble Court was pleased to pass orders granting compensation amount and kept it in Fixed Deposit in the name of minor child and the matter got disposed off in 2000. This matter was represented by an Advocate earlier. Now the F.D. got matured and the minor child has also become major and wants to withdraw the amount. For this purpose now the client has engaged another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases and there is no need to take NOC simply for withdrawal of amount on maturity of FD. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
m.v.prabhakar
18 December 2008 at 10:06
Sir,
1.Can you pl. tell under what situation the review DPC is permitted along with CAT/HC/SC judgements.
2.Can a review DPC is possible when an applicant was considered as /deemed to be suspended on the date of original DPC which was revocked subsequently with retrospective effect (earlier to original DPC date). What remedy is available.
3.Sealed cover was opened after two years of DPC result and regular promotion was given with a rider that in the event the promotee punished under crimial proceedings the promotee will be reverted back.
My qurry is
If the candidate (refered in 2 above) is called and selected in the subsequrnt DPC for the next grade (result is kept in the sealed cover) can he be promoted with the similar terms.
Kindly give you expert advise supported with some case laws.
All the above three questions are relating to the same person.
Regards
CA Prabhakar
Vikas Aggarwal
18 December 2008 at 01:19
Magistrate Issued process of summons u/s 204 cr.pc in private complaint u/s 323, 324, 506 Ipc. section 324, 506 non bailable and 506 is not bailable in haryana. Should i file a anticipatry bail of accused or get a regular bail. Can court remand the accused to judicial / police custody.
sreemoyee
17 December 2008 at 21:52
can any one send me a draft copy of a divorce petition under the special marriage act.u/s 27(1)(d).
Vikram Chandra
17 December 2008 at 18:13
Dear Sirs,
The accused on the fast date of appearance reported before the court that he will pay the cheque amount by the next date of posting and accordingly he got the Demand Draft worth the cheque amount as per the case of the complainant. But the complainant is not willing to take the amount. Eventhough a memo was filed before the magistrate to close the case as the amount is being paid by the accused the court is not closing. What steps the accused can take now to close the case?
regards,
vikram.
ASHOK KUMAR AGARWAL
17 December 2008 at 17:19
My client entered into an agreement for taking factory premises on rent for six years.At the time of entering into agreement a sole arbitrator was appointed and in the agreeement a clause " all disputes subject to Arbitration" was mentioned.
After one year the Arbitrator resigned .The opposite party took advantage of the situation and filed a case in the District court for vacation of the premises on the ground that the tenant is a defaulter in payment of rent.The tenant contends that the landlord had not given him the necessary paper as promised by him to the Arbitrator as such he would pay the rent only to the Arbitrator on receipt of the necessary papers.
We had made a plea to the court that since agreement was subject to Arbitrator hence the court may refer the matter to Arbitration.The court has no right in the matter.
The arbitrator used to receive the rent on behalf of the landlord.The arbitrator had directed the landlord to give necessary papers to the tenant for smooth running of his factory to which the landlord kept on ignoring.Being fed up of all this the arbitrator had resigned and the landlord taking advt of the sitution filed a suit for eviction.
The clause of Arbitration is as :-
" Any disputes or differences between the parties hereto as to the effect,interpration or application of this tenenacy agreement or as to their rights,duties,liablilities thereunder or as to any act matter or thing arising out of or consequent to or in connection with this tenancy agreement shall be referred to and finally resolved by the sole aribtrator Mr X.The arbitration proceedings shall be in accordance with the provisions of the Arbitration & Concillation Act 1996 or any subsequent enactment or amendment thereof .
The matter is still pending in the court.Pls advise when there is no arbitrator but the agreement is subject to Arbitration will the court have any power to act on it or will the court appoint an arbitrator on our behalf?
basheer khan
17 December 2008 at 12:56
respected sir
i filed a motor vehicle original petition before the court againist the vehicle owner and insurance company including the wife of the deceased as the respondents. in this case, prior to the accident, the wife of the deceased got "Khula divorce" from her husband as per the muslim customs. my question is whether a divorced wife can claim the compensation from the court under the provisions of motor vehicle act
R Bajaj
17 December 2008 at 11:57
Sir,
I am a Defence Officer posted in a Deemed University,my Querry is:
My Basic pay is more than my DRDO Contempary posted here and I became a gasseted officer almost four years before him but in the institute he has been given a higer status quoting some DRDO letter which equates the various ranks of defence forces with ranks of DRDO scientists.For eg The letter equates Major General to Scientist G.
In this case this individual attained the equated rank befor the service office here is being deemed to be senior where as the fact that he draws less pay and has less number of years of service are being treated as Irrelevant.
I want to know the rule position on this.
Bajaj
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bail procedure
can you all pls let me know if bail petition is dismissed from trial court to supreme court do the accused remains in jail till the complition of trial or the bail petition can be filed twice ?