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Anonymous   05 April 2018 at 13:38

Court order...

Sir,

If session court has given a judgement in favor of my client and 3 months from the date of judgement has already passe; still the claim is not received... what shall be done by the client to make the order executable ??

Ragunathan   05 April 2018 at 12:36

Condonation of delay to appeal against 498a acquittal

I along with my family members are acquitted in 498a case on 3rd Jan 2018. We thought that we got justice after under going the trauma for last 6 years. After 71 days, The complainant has filed an affidavit and requested the court to allow her to appeal giving the reason that she was sick. But we understand that she was working in a government school during that period. So the reason stated in the affidavit is wrong. Now court has sent the information to us that such a request has come to them. Now what shall be our action to protect us from further torture. In meantime, they have filed another case (Domestic violence) in the lower court. Please advise us.

Anthony Fernandes   05 April 2018 at 12:20

Asked to resign

Dear Sir,

I have been asked to resign by my company with whom I have worked for over 10 years in the month of March. I am currently have my transition going on, the last working day as been extended from Mar 20th to Apr 6th. The company has kept my salary on hold and states it will be realeased after 45 days along with my F&F.

Can the company hold my salary and or the 2 months notice pay.

Regards,
Anthony Fernandes

Rameshwar Naraboina   05 April 2018 at 11:59

Reg: physical possession of e-property(house)

Dear all,

I have purchased a property(individual house)
bank BOM E-auction on 17th Aug 2017.

I have paid full amount(around 36 Lakhs) to bank as mentioned and has
recieved the sales certificate from the bank on october 2017.

Till date some of defaulter goods are lying at the premises.Bank officals failed to
give clear posession to till date for me.

Every week i am going to bank and enquiring the status, they simply dragging and not giving proper updates.
Its been past 6 months.

My questions is
1.In salescertificate why bank mentioned "handed over the possession of the scheduled
property,the sale of schedule property
was made clear free from all encumbrances known
to the secured creditro on deposit of the
entire amount of sale price"
2.If bank not resolving this issue,I will not take the property can i get any interest of the amount paid to the bank

Happy to discuss if guys need any more details.

Thanks,
Rameshwar.

Amit   05 April 2018 at 10:48

Change of land-use (mumbai)

This case is from Mumbai suburban area (Andheri). A developer constructed a residential building in 1998-2000 with all approvals from BMC, ULC clearance etc. The land (300 sq mtrs) was never transferred in his name. The (original) 7/12 extract says the land was never converted to non-agricultural use. May be the conversion wasn't necessary when the developer took approvals for the building. The land has been conveyed in the name of the co-operative housing society (in 2018 thru deemed conveyance). All property taxes have been paid in full till date. In this case -
a. Can the co-op. housing society apply for change of land-use to non-agricultural purpose?
b. What is the approx. cost and process (time)?

Anonymous   05 April 2018 at 08:35

Police NC

My name is SURENDRA JAIN I am 54yr old mere upar 2 logo ne MERI shop par aakar mujhe mara ek maah purv Maine uske chote son ka kan pakad KAR use shop SE bhaga diya that tab usne mujhe aakar dhamki di thi ki tujhe dekh lege ek maah baad aakar Mar ke gaya jisme mujhe frecture bhi aaya police be fir ki jaga NC likhi but no any action till date mere pass koi BHI eye vitness NAHI hai Sirf ghatna ke samay ka government has hospital ka medical paper hai
So pls advice me

Anonymous   05 April 2018 at 01:06

Common Area in shopping complex

I live in a residential flat above shopping complex, there are 18 shops - 9 on right side and 9 on left side, in between there is common road to use by all. This common area is owned by the owner and is used to reach shops, owner had made a policy to lock the common area after 11 o'clock at night as above shop d
Families resides and all shop owners except 1 is agreeing on this lock up issue. Whether that one shop owner can challenge us in court? And if so what we can respond.

Anonymous   05 April 2018 at 00:24

Service rules

I work in a PSU and conditions of my service are governed by Officer Services Regulations made by my organisation. I never noticed earlier but somethings made me realize that some of these rules are really weird. My query is, can I challenge these rules in a court of law? Some examples are:

1. One of the clause says that I need to live at place of my posting. My home town is 45 km from my place of posting. So why should I stay at place of posting when I can travel daily. The organisation is supposed to see that I reach office on time and don't leave before time. How an can employer force me to live at place of posting. I think they have copy pasted this rule from service rules of police / administrative officers. It can be understood in their case but mine is a strictly commercial organisation. They shouldn't even be concerned with where I live.

2. Another clause is, I can not leave station without permission. This again seems to be copy pasted this rule from service rules of police / administrative officers. I went to Delhi on a Sunday which was holiday and my boss handed me a memo seeking my explanation for leaving station without permission. Again, how can they intrude into my privacy? I can do anything on a sunday.

3. Another clause, Every officer employee shall report if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency. Again why? Dont I have some privacy?

4. No officer can buy or sell stocks, share or securities of any description without funds to meet the full cost in the case of a purchase of scripts or delivery in the case of sale. Why are they even concerned with this. Isn't this my personal matter?

5. No officer can Guarantee in his private capacity the pecuniary obligation of another person or agree to indemnify in such capacity another person from loss except with previous permission of the competent authority. Now again, why? This is totally my personal decision.

6. No officer employee shall speculate in any stock, share or securities or Commodities or Valuables of any description or shall make investment which are likely to embarrass or influence him in the discharge of his duties. Now can't an adult decide whether he wants to invest in a stock or not? Speculating is my personal freedom.

7. And most annoying clause is, an officer employee shall be available for the duties every time during the day. Now, no definition of term day is given. It could mean any thing. My boss interprets it in this manner - that he can make me sit and work in office till 8.00 pm or till time he likes though office timings are till 5.00 pm.

My question is, can i challenge these Regulations on grounds of violating my personal freedom?


Debjit   04 April 2018 at 23:43

Vacated premises by tenant

Dear SIr, We had a tenant eviction court case since 1991, Which ordered 3 months back, the order says as under

"The defendants directed to deliver the vacant and khas possession ouf the suit property to the plaintiffs within a period of 60 days from the date of this order failing which the plaintiffs will be at liberty to put the decree into execution according to law.'

The tenant have not handed over the premises to us but left the premises bare open, which is being risky for us. Please guide us the proper step in this case to take possession legally while the property is neither locked not handed over to us.

Anonymous   04 April 2018 at 23:30

Regarding fir procedure in s.306 abetment of suicide

Hi - need some exert opinion and legal remedy. The facts of the case are as below -

1. A person died and death certificate shows natural death.
2. No post mortem was done on the body.
3. The relatives now say there is a suicide note which claims since deceased has not received money from a particular company, he has been left to die. (does not mention any direct action towards suicide)
4. 3 months have passed since the date of passing.
5. The relatives are now trying to extort money from the company on basis of this note, and are threatening criminal action.

Questions -

1. Can FIR under S.306 be filed on the basis of the note alone, which mentions a company and not any person. Are all the promoters liable ?
2. Can FIR be registered under S.306 when there is no post mortem, and more than 3 months after the date of death.
2. Can the note be treated as a suicide note (or dying declaration) while the cause of death shown in the death certificate is natural.
3. If it was indeed a suicide, the relatives would have known and what actions can be taken against them for not disclosing this information earlier.

Please suggest thoughts.