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jayanttelang   03 October 2008 at 22:08

standing Orders and subsistence allwance

Dear Harbhajansinghji,thanks a lot for your guidence,
i am a member of our union(Registered.)which is affiliated to NFSRU,(National Federation of sales Representative's union,Kolkata)they are also supporting me to fight in this matter. But i dont have internal council,would i go through my Union?
where would my union, file complaint,
in the labour court? which is located in my city.

shabbir   03 October 2008 at 20:53

re opening of a case

sir,
i want to know whether a case(sec 498a) settled in lok adalat can be reopened after 5 months of judgement passed in lok adalat.i.e whether the apellant has a power to apply for reopening the case.


also please let me know whether the case file d under DVC be reopened( case is actually dismissed by judge as withdrawn by the appelleant) i actually paid money and the other party agreed for settlement now they are threatening that they will reopen both the cases. can this be done. will honble court allow to reopen the cases under any circumstances

Ramachandran   03 October 2008 at 15:01

property sharing

My mother has 4 brothers,and her mother is alive,my mother live on her fathers property for past 25 years, now her brothers dont want to give a share, so they are planing to share the property among them self, without my mothers knowledge, they are planing to write the house which my mother lives on to ealder brothers name,

is it possible to do like this ? if yes how to stop doing like this, without giving a share to my mother.

Regards
Ram

Sunil Dhiwa   03 October 2008 at 13:52

divorce paper

dear i want to give divorce to my wife for that what shold i need to do

or any one have divorce paper so i can get it

waiting for the reply

Chandan Kini   03 October 2008 at 12:10

Tenancy Law in Maharashtra

Dear all,

I'm a lawyer from Bangalore and need to know whether a tenant will get the ownership of a flat under any Act in Maharashtra is they have been staying on rent in that premises for more than 50 years?? The subject property is in Mumbai.

Also the tenant who is staying now is the grandson of the first tenant. the grandmother is no more. Will the grand mother or the grandson will get the ownership of the premises, if indeed the premises were to delve upon the tenant.

Please also tell me the relevant laws that will be applicable to such a case.

Regards,

Chandan

Shree.   03 October 2008 at 11:54

Prohibition of Smoking in Public Places Rules, 2008 related query?

Definition of Public places according to the act Prohibition of Smoking in Public Places Rules, 2008 excludes open space. In this regard let me know, if the workplace is spread over 10 acres of land and the office building occupies 4 acres and the rest is open space, can an employee smoke in the open space?

Anusheel Tandon   02 October 2008 at 21:41

Cyberlaw Expert Needed for Due Diligence

I am in the process of establishing my commercial website that will sell services online and receive payments from customers as well as disbruse payments to online experts who served customers. I have created user agreement (covering customers as well as online agents), payment policies and privacy policies for the site and want a cyber law expert to do the due dilligence (review) and issue me a certificate.

user agreement incoporates policies by reference.

1) Where can I find such an expert?
2) What will be the approximate charges for the same?
3) Should I go ahead without diligence done or is it risky thing to go without diligence for a commercial site and it can cause problems later.
4) Is the diligence for commercial site required by information technology act 2000? Or is it not mandatory?

pls advise at the earliest.

Thanks

Pradeep Verma   02 October 2008 at 10:31

LIFE AND MEDICAL INSURANCE OF EMPLOYEES

Dear Sir

Can you please forward your views, more specifiacally and legalized, on the following queries:

What are the legal provisions related to Life insurance & Medical Insurance of employees under Workman compensation Act, ESI Act, EPF &MP Act, Gratuity Act or any other act for the time being in force. Please reply on following bullet points: 1) Type of Employees covered under this Salary wise, Position wise. 2) Kind of liability3) Remedies4) Penalties5) Related Book / Judgement / Web site Anticipating legal opinion from legal / HR experts. Thnx and Regards
Pradeep Verma

Murli Manohar Prasad   01 October 2008 at 20:51

Prevention of corruption Act,1947

my query is as to whether after the enforcement of the Prevrntion of Corruption Act,1988 ,if a charge sheet is submitted by the police in the year 2008 against a govt.servant u/s 5(2) of the Prevention of corruption Act,1947 is legally valid or not ?

Murli Manohar Prasad

Kiran Kumar   01 October 2008 at 20:44

Order 19 Rule 3 (1) CPC

well friends, i ve got a very important point to discuss with u, pls oblige by responding.

A files an Ejectment Petition under East Punjab Urban Rent Restriction Act against a tenant on the ground of personal necessasity of her son and secondly on the ground of delapidated condition of the shop in question. Petition is filed in April 2005 and finally argued in September 2008.

The Rent controller dismisses the petition on the ground that the affidavits produced in the form of affidavit are to be rejected because of defective verification, citing further reason that the petitioner and other witness have verified the affidavit as'....true and correct to the best of my knowledge and belief', and this is incorrect verification because it is not explained what portion is out of knowledge and what portion is out of belief. Order 19 Rule 3(1) CPC

Now, my query is when the affidavit was tendered into evidence, court scrutinised the same and found it correct thus taken on record, no objection was raised by the opposite counsel further the petitioner and the witness were subject to cross examination and no objection was taken then also even suggestion to this extent was never given. Whether the rejection of affidavits at this stage is correct? It is pertinent to mention here that the rent controller though read in to the cross examination of the petitioner and only that portion which was against the petitioner.

Whether another opportunity should ve been granted to file additional affidavits?

What is scope in appeal?

Whether CPC strictly applies to rent matters?

Whether appelate court can grant opportunity for additional evidence?

Whether procedural law shall affect the substantive rights?

When evidence is supposed to be on oath only then whether verification is necessary?

pls reply as soon as possible.

Regards,