allurisivajiraju
24 February 2009 at 17:51
Resected Seniors,
In case filed by the Complainant U/S 138 and 142 of N.I.Act before filing surities the Accused not present to the court on a particular day for which posting for surities, subsequently Court issued N.B.W. against Accused.
The accused absconded and where abouts not known to the Complainant. But each and every adjournment Judge comelling the Complainant for execution of warrant against Accused.
In the above circumstances whether the Complainant file a petition U/S 19 of Criminal Rules of Practice to put the case in Register of Long Pending Cases or any other remedies available to the Complainant.
Please give suggestions immediately.
Thanking you in advance.
D. PERUMAN SARANYAN
24 February 2009 at 17:41
Sir,
Can any one share me a draft copy of Settelment Deed.Whether the Settelment Deed at the time of registration has to be signed by the SETTLOR and SETTLEE?
Rajesh
24 February 2009 at 17:35
I have a freind of mine who worked with a very small Pvt. Ltd. company, for about a Year and half in the capacity of Factory Head.
He was incharge of all the activities carried on in the plant including cash.
He was also been authorised to operate the bank account jointly with the Finance Manager to the limit of Rs. 40000/-. There was a service bond with the below mentioned 2 (two) clauses
1) That the Employee has agreed to serve the company for a period of 2 Years (from..... to ......)
2)In case the Employee breaches the condition , he shall forth right pay to the employer a sum of rs. 250000/- as damages and incase the payment is delayed the employee shall be liable to pay interest @12% per annum.
This freind of mine got a very good opportunity with a multinational company and decided to leave the small Pvt. Ltd. Company.
Inspite of much persuasion the employer did not agree to relieve this freind from the job. However my freind decided resigh and serve him 30 days of notice.
The employer issued him a letter stating that the freind cannot be relieved as he has signed a bond, and in case he decides to breach the bond, he shall have to pay the damages as listed out in the bond.
My freind on realising that he is not allowed to move out from the company, did the below mentioned.
The company had an old machinery to be sold, a party had come to see the machinery and agreed to the General Manager of the company to purchase the old machinery for Rs.2.6 lacs. As a token he paid an advance of Rs. 80000/-, for which the General Manager gave the receipt.
On the next day freind took an amount of Rs.50000/- and left the balance amount of rs. 30000/- in the cash box. He immediately wrote an e-mail that he has spent cash of Rs. 50000/- out of the advance of Rs. 80000/- for meeting his personal obligations, and that he intends to return it before the expiry of his last date of notice period, incase he fails to return the cash the same can be deducted from the full and final settlement of dues taht are payable to him by the company.
Subsequently he returned rs. 10000/- and requested the company to settle the balance against the dues payable to him by the company.
The company asked my friend not to report to work from the very next day onwards, without giving anything in writing, and withpout making the full and final settlement. My freind has repeatedly requested the company to do the settlement
instead the company had filed a police complaint - which my freind went and attended. The Police authorities advised that its an accounts dispute and both party should settle amicably.
Off late say about the expiry of more than a year the freind has got a summons from the jurisdiction court under Sec. 205,206 & 208.
Any legal experts can advise hte course of actions to be followed by my poor freind(Financially as well as under this situation)
God Bless!
somnath_maitri
24 February 2009 at 17:07
I intend to fille an injunction suit, pertaining to some illegal construction, in a civil court. I do not want to approach any lawyer as I think I can plead on my own behalf. If anybody can give me a proforma for filing injunction suit, then i will be most obliged to you all.
Regards
Somnath Maitri
advocate satya
24 February 2009 at 16:04
hi all
recently the hon;ble supreme court has given a verdict on credit cards company to charge the rate of intrest as they like, uncapping the national commission judgement to charge 18 percent p.a,
i want to know is this is final order or interim order and is petttion for review is going to be filed
i want to know the view of all my friend about the arbitrary charging of intrest by credit cards companys.
mala
24 February 2009 at 15:58
I want to file property partition suit against my brothers, all the documents are with my brothers, in what way i can apply to the court.
what is geneological tree ? how to proow that?
Pls advise
mala
24 February 2009 at 15:58
I want to file property partition suit against my brothers, all the documents are with my brothers, in what way i can apply to the court.
what is geneological tree ? how to proow that?
Pls advise
Chandan Garg
24 February 2009 at 15:38
Pls Tell whether revalidation of Bank Guarantee is Valid on Bank's Letter head or
it has to be again on the Stamp Papers.
mala
24 February 2009 at 10:07
My grand father had 30000 sqft land, my father had 4 boys and 1 girl(my self).my grand father divided the property in to 5 and wrote will to 4 brothers and to my father, as 5 parts,my father gave his part to me, so i built the house in my fathers share and living for past 25 yeard, pls note that time both my father and grand father alive. But before my grand father my father expired, so i couldn't get anything in written. Later my grand father also expired, since beginning there was no dispute with my brothers, i have not taken my
legal chilldrens cirtificate at the time of my fathers death, he died in 96. my father have hiw own earned property also in which my brothers are living.
Now they dont want to give the share to me, so they divided the property betweem 4 of them and changed the documents to their name without my knowledge.
Still i am living in the same house. I want to claim for my share in the court.
My advocate asking for legal child proof cirtificate.
Now i am 56 years old and my father died on 96,
in this case, in what way i can claim for my share, or how to get the cirtificate.
Pls advise me
We belongs to hindu relegion, my father expired in 96, my mother is alive, apart from my grand fathers property my father also has, his own earned property, now we have to divid
the house in which i am living, and in which my 2 brothers and my mother living, and a vacand land, in that too i m asking 1/6 of the share only as my mother also alive, but they
divided among them self, and changed the documents to their names last month without my knowledge.
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Pending IA not heard
We have filed an Interlocutory Application to strike out some LR's of plaintiff who are wrongly brought on record while filing petition for final decree proceedings , as they are not entitle for share as per Mohameddan law.
Final decree proceedings is still pending,
we filed an Interlocutory application in January 2008 to strike out some of the Lr's who are not entitle for share, but still our IA is not considered in the court, even our lawyers insisted to dipose of our IA but still it is been ignored,
The response to our Interlocutory application has been kept in record the day before the case date in june 2008 clandestinely by the opposite parties and an entry has been made by the clerk in the order sheet without serving copy to us, , Just 2 weeks back when we applied for copies we have filed all these days it came to our knowledge that an response to our Interlocutory application has been kept in record without serving a copy to us.
We are very frustrated as the court is not disposing of our Interlocutory application and instead delaying it ..
How to over come this problem..Can this lower court be bypassed with out taking any order,
What are the ways out of tackling this problem.. Please suggest..