LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Apurva Kumar   15 November 2008 at 18:45

currier not delivered

I,sent an item to Delhi from Patna thru a reputed currier service but they failed to delivered it,as after inquiry they said that there delivery man met with with an accident an in the meantime some roadside person take away the fallen material.By this way they showed there recklessness. What remedy i have?shall i move to state consumer forum? i am planning to seek a compensation of one lakh can i? and what will be the format of the petition or application.Please help me as that was carrying a very precious item?

Regards,
Apurva-Kr
Advocate,High Court.
Patna-1(Bihar)

SETHURAMAN   15 November 2008 at 12:51

HINDU FAMILY LAW - REG

1. Is there any provision to file a suit for return of Articles under the Hindu Marriages Act ?

2. If so, also enlighten me with the court fee for the same ?

sachin gupta   15 November 2008 at 12:24

LIVING RELATIONSHIP LAW

Hi,

I want to ask that any amendment in law that girl and boy can stay/living in hotal/home or any relationship exist between them without marry is not illegal.which is presented in parliment. is this law has been passed or not.

sachin gupta   15 November 2008 at 12:12

Loan Agreement

i have to give loan for Rs. 20000/- so i need Loan Agreement. and please suggest me what is the better process for the same. and what things should be in agreement.

if u have loan agreement in word file then please forward me on harpreet1985@live.com

M. PIRAVI PERUMAL   14 November 2008 at 16:59

Consumer Protection Regulations 2005

In Consumer Protections Regulations 2005 it has been stated that in case of any exparte order being passed, on receving the objections are not the application has to be disposed off ? In the Madurai DCDRF the Fora is closing the interim stay petition stating that 45 days have elapsed ? Is is correct.
I have filed the main complaint on behalf of the complainant for return of the vehicle seized from him unlawfully by engaging goons. Meanwhile i had sought an interim stay restraining the financier from selling my vehicle during pendency of the complaint ? Interim stay has been granted to me, but the Fora states that the stay petition will be automatically closed within 45 days and no orders shall be passed in it. this being so if the interim stay petition is closed the financier will sell the vehicle and my complaint becomes infructuous. Pl. clarify the rules and regulations regarding diposal of interim stay petition.

Pritam Sharma   14 November 2008 at 15:20

Negotiable instruments act /death of the complainant

As I understand this a criminal complaint.So the attorney should not be allowed the proceed the case.

rkchopra   14 November 2008 at 13:31

Denial of pensionery / medical benefits to IFCI retirees

IFCI (having its registered office at 61,Nehru Place ,New Delhi-110 019),a Public Financial Institution, originally established as a statutory corporation by an Act of Parliament in 1948(15 of 1948) and the first Government Institution converted into a company at the threshold of liberalization by another Act of Parliament i.e. The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act,1993, No 23 of 1993 is for all practical purposes an instrument of the Government Of India(GOI has recently directly extended IFCI loans/grants amounting to more than Rs. 5000 crores spreading over 2002/03 -2010/11)

The Section 8 of the above said Repeal Act explicitly protects the service conditions of the employees. The position was reaffirmed by the then Honorable Finance Minister of India on the floor of Lok Sabha on 3rd July, 1998 in reply to an Unstarred Question No 2786

Now IFCI in gross violation of three decades old policy of following Industrial Development Bank of India (IDBI) in relation to pay scales, pension and other service conditions, by shifting the cut-off date of revision of pay scales, has deliberately denied its 286 retirees their revised due pension, outstanding wages, medical and other related benefits.

Under the circumstances and based on above facts, what VRS optees (who are mostly senior citizens) can do so that they can get releif in a shortest period without incurring much expenditure.

How much time it will take in decion by High Court?
Management after decision may appeal in Supreme Court that will also consume much time by that time most of retirees would be in Heaven.
Is it possible to file PIL in Supreme Court or any other legal way in which decision can be taken in 2/3 months.

The Supreme Court in case No 395/2008 (writ petition civil)has decided to look into the alleged discrimination between pensioners who retired from public sector banks between1987-97 and those who did so after 1998.

Perusing the PIL filed by an aggrieved employee of one such bank, E K Varghese, the Bench of Chief Justice K G Balakrishnan on Thursday sought the response of the Finance Ministry and the All-India Bank Employees Association.

The PIL, filed through advocate N R Shonker, claims that those who retired before 1998 were denied the benefit of revision of pension. The petitioner urged the Court to declare that denying revision of pension benefits to pre-1998 pensioners while granting them to post-1998 retirees was arbitrary and illegal and in violation of Article 14 of the Constitution.

Varghese has also alleged that there are considerable anomalies in the pension payment made to retired employees of public sector banks and those who retired from other government services.

His petition stated that when the Central or state governments extend an increased dearness allowance to their employees, the same is extended to their pensioners as well. However, in the banking sector, even though the DA is revised for working employees on a quarterly basis, it is revised only half-yearly for pensioners. This, he again alleged is arbitrary and violates the Constitution.

Can somebody give reference / Contact Nos of Mr. N R Shonkar who can be approached by retirees for making a party to the case

Pl also advise the definition of back wages with supportive judgements if any

Brindha   14 November 2008 at 10:09

Service tax paid to the builder

Sirs,

Are the purchasers of flats eligible to get the refund of the Service tax they paid to the builder (during 2007-08) ?

From the circular,issued by Central Board of Customs & Excise issued Service Tax Circular No.96 dated 23rd August 2007 which covers the issue, it looks like that the property buyers need not pay service tax to builder/developer. On the other hand if the developers had employed the services of a contractor, it is the contractor who will have to pay service tax and not the developer builder.

Please clarify?

1. Which section of service tax act demands that the service tax to be paid by the property buyer to the builder ?

2. Is there any relevent decision by the SC or any advance ruling on this matter?

Thanks,

Brindha

S.B.adil rahman   13 November 2008 at 22:18

CURFEW LAWS OF INDIA

What is the law of curfew in India? Ubder which provision of law curfew is imposed? What is the prosecuting section of law and penalty for violation of curfew in India? Can Police cause death by firing for violating curfew?

nathan   13 November 2008 at 20:41

Leave encashment

I was asked to leave/start treat me badly, hence left the company. Now I have not received the leave encashment. When I asked I was told the as per company policy no leave encashment.

Company which I worked did have any policy or any system, not even they do not proper attendance.

In this scenario can claim my PL encashment legally. If there is any rule or section which I can mention while writing for the same

regards

nathan