Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

JTONPR   19 October 2018 at 14:36

Amendment of age

Mr D has filed an application on dated 09.01.2013 on affidevit stating his age as about 41 in which he prayed for substitution of his name as plaintiff in place of his deceased father, the original plaintiff. Application is still pending and substitution is still not allowed (due to technical difficulties regarding A's sister) and after about passage of 6 year he moved an amendment in his first application seeking amending his age to 47. Plz guide in the following-
1) How can age be modified when date of application and affidevit is the same and amendment is not sought in date.
2) Is the date is also amendible.
3) If A moves to amends the date also then will the case be barred by limitation act which imposes 90 days time for moving substitution

JTONPR   19 October 2018 at 14:13

Substitution after plaintiffs death

In a suite filed by plaintiff Mr A against respondents X,Y and Z seeking injunction in a matter related to a plot of land, Mr A died before framing of issues leaving behind one Son "S" and one Daughter "D". Within due time S filed an application in the court praying substitution of his name as plaintiff in place of his father's and also praying for addition of his sister D as respondent no.4 claiming in the application that she is not interested in appearing in the court to become plaintiff no. 2. Plz guide in the following -
1) How could D be made respondent as she is the legal heir of the plaintiff.
2) How can S, the proposed plaintiff pray for adding D as respondent in that still he is not substituted as plaintiff.
3) Upto what extent the claim of S that D is not interested in becoming plaintiff is maintainable since she has still not said either Yes or No in the court.

Anonymous   19 October 2018 at 11:35

Resignation as treasurer from society

Hi,
I have completed tenure of 5 yrs as Treasurer in our society which is of 32 flats.
It was in August 2017 when I resigned, also new tresurse nominated for my post, but still on paper no action is taken and still they ask me for cheque signature and docs to be signed as tresurer which I think is not valid after resigning.
Also 2nd query is on memember, say all 3 bodies shd be resigning togather only, and in this case other two bodies ie secartary and chairmen had just comlpeted 3 years, now asking us to be more 2 years as part. I want to take action hence pls reslove its like they are taking lightly and i dont want to continue. pls resolve and give solution as per By laws.

Arjav Mehta   19 October 2018 at 09:34

Husband harassed on phone

A lady who stay separate from her husband with her daughter, now husband continuous called him and asked him where you stay and give me the address, i would like to meet you and i want to see you that in which condition you both are stay, A lady already filled HMP 13 against husband and also filled Sec 125 for maintenance.
Husband also complaint in police station that his wife is missing and a lady present in police station and give the statement that she's independently take decision to stay separate without any help.
Husband continuous call him and disturbing on call ,,, please guide in this situation how to handle him

Anonymous   18 October 2018 at 23:22

For leaving company policy

Hi sir, I was working for a company called Aakash educational services Pvt ltd. Worked for 4months. During time of my job, I have been issues pip, I thought of quitting job because of pip. So I put down my resignation. Communicated everything via mail to reporting manager and hr on mail. No one has intimidated about serving notice period. Submitted laptop, tab, idcard.Got reliving letter also. Now after 8months suddenly company is sending mail to give 1month of salary for not serving notice period. Can someone suggest what needs to be done? Do I have to pay. This is a case of pure harassment as during time of leaving no one has communicated anything.

MD Fasial   18 October 2018 at 15:55

Service tax on advance receipt against bank guarantee

Sir
1.We are Government Civil Work Contractor. We do contracts in UP Housing Board, PWD, UPRNN, SKNN etc.
2. My assessing authority imposing service tax demand on advance received during service tax regime from UP Awas Vikas Parishad against bank guarantee (on same bank guarantee we paid Margin money or Bank charges for the same).
3. Service Tax department making point that 10 Crore which i received as mobilizations against B.G. is advance for my work and UPAVP charged TDS on the same.
4. We are opposing that UPAVP provide mobilization advance against B.G. and deducted from our 10 running bills. So liability under the provision of Point of taxation of service tax will not be charged because we take it as loan and we repaid in 10 running bill in a row.

Please enlighten us on above points

thanks & regards
Advocate
Faisal
7565999957

jatinkumar   18 October 2018 at 12:21

Will

Hello dear experts
My query is, my friend father expired last week, he has prepared will and given all the property to my friend, now my friend is nri he leaves in london. When he saw the will he noticed that the name in the will is his old name ( for going abroad he has changed his name) now as he his nir he have no document pertaining to old name
Now what he can do?

Anonymous   18 October 2018 at 09:01

Amendment

Is is possible to apply for amendment in already filed amendment application?
Is it possible to apply for amending the date of already filed amendment application?
Is it possible to apply for amendment in already one time amended application?

Ranbir   18 October 2018 at 05:31

Arbitration award passed

Dear sir ,
My vehicle was involved in a criminal case and the case was pending in magistrate court and i released the vehicle on bail bond but the vehicle was not provided to me by the police where my vehicle was detain now an arbitration award has been passed against me by the financer in the high court as i could not pay because of not able to ply the vehicle and I have no knowledge in regard to same how should I challenge the said order
That before arbitration award was passed the case was already pending in lower court the financer is trying to repossess the vehicle through the said arbitration award how can I stop it

Anonymous   17 October 2018 at 23:24

Legal help - joint account

I am a working woman separated from my husband. When we were living together, I used to receive salary in cash while my husband salary was credited to our joint account. As per our mutual understanding, my salary was used for household expenses while his complete salary was deposited in our joint account. After a dispute between us, he has freezed the joint account. Now, I am left with no savings, while our joint account has 20 lakhs rupees. Despite being a joint account, my husband is refusing to give me any share and states that he has documentary proof that whole money in saving account is from his salary and the court will not recognise any oral understanding. Can I file a case claiming fifty percent share in the joint account? Can my husband claim complete ownership of the joint account money by proving that all the money was credited from his salary?