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harendrasinh   06 September 2017 at 14:28

226 in h. c. or civil suit

I filed the case Under S -33C (2) Recovery.
I was Dy. G.M. ( P & A), one month salary were due including Bonus, Lta, which is the part of Salary.
Labour Court vadodara has given the Ex-patre Judgement in favour of me,Stating that oponent shouls pay the dues. only once written statement submitted by opponent, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Highcourt under Article 226 and under which Act & section, pl guide
Me.
7. I am Ex- Serviceman and Advocate too, but has no practice as served in Co’s, hence you are requested to guide in fraternity.

Harendrasinh.

V.N.K. MENON   06 September 2017 at 14:24

Quashing of false. d/v complaint

(A) I, as Respondent-3, filed on 28 August a petition in High Court for quashing of complaint filed by estranged daughter-in-law u/s 12 PWDV Act before MM. Next date of hearing before MM is 13th November.

(B) The reason of my plea before High Court is that the matter became time barred u/s 468 CrPC interalia, as there was no domestic relationship in existence for more than 1 ½ years (with proof) and is time barred and MM was erred in proceeding with the matter, relying upon Apex Court Judgments.

(C) The matter came up before the High Court and heard and has now been listed for 18 January 2018. The opposite party WAS NOT PRESENT & REFUSED TO RECEIVE NOTICE OF MOTION sent by Speed Post by me and the same was received back.

(D) No ADDRESS OF THEIR ADVOCATE WAS GIVEN IN THEIR [CERTIFIED] COMPLAINT WHICH WAS POINTED OUT AT THE TIME OF REGISTRATION IN THE HIGH COURT AND HENCE HE IS UNREACHABLE.

THE QUERY : What next feasible step I should take.
SHALL BE GRATEFUL FOR VALUED GUIDANCE & COLLECTIVE WISDOM OF EXPERTS.

Ashraf   06 September 2017 at 14:06

Sale deed

Dear Sir,

This is Ashraf, my brother bought a flat in 1991 in chennai, and he is a NRI, and unaware of 'SALE DEED', the builder has registered only a "SALE AGREEMENT" and now when he tried to sell the flat only he realized that 'SALE DEED' is missing from him, also the builder is not traceable now.

So, he approached lawyers in chennai for legal advice, and he was told that he could get a "SELF DECLARATION DEED" as a only option, since he has all documents regarding the possession of the flat like property tax, EB and water tax.

If he gets the "DECLARATION DEED", is that possible to sell the property ? what is the procedure ?

kindly explain.

Thanks,
Ashraf

Anonymous   06 September 2017 at 14:02

U turn on mutual divorce after taking 5 lacs alimony

My wife has taken u turn after taking advance alimony 5 Lacs and balance 10 Lacs to be paid on 2nd motion. Now she is refusing for divorce and saying to adjust 5 Lacs with maintenance awarded to her 5000/- per month. She has cheated me else nothing. She is post graduate and running a boutique. I am a govt. servant.
Is there any way to get rid of such ladies? I don't have any social support. I mean no body will come with me to court in my support. I will not marry again but want to get rid of her. She has spoiled my family and me.

Sriram Gomatam   06 September 2017 at 13:29

Form 32 -a for property registration nri

Hi Sir,

My name is Sriram . I am an NRI residing in California. I recently booked an apartment in Hyderabad. I wont be able to presenty personally for registration. I want to give GPA to my father. Is form 32-A sufficient to get the property registered in my name with my father as representative. If not please let me know the procedure.

Thanks
Sriram.

Basavaraj   06 September 2017 at 12:10

Case referred at CGIT

Hello, An individual case under 2A ID act, is converting management grade employee to labour by CPSU, the same conciliation is done by Asst. Labour commissioner and failure of conciliation(F. O. C) recommend by DyCLC to Ministry of labour, under ID act. Now, after the legal cell screening the case details, the same is referred to CGIT or labour Court. The individual case under ID act is scrutinized by 3 levels at ALC, dy.CLC and ministry of labour, at this stage, shall any one presume, the case is almost done with formal hearing by preceding officer at CGIT... OR if, same is declined by cgit.. Then whole recommendations of ALC, dy.CLC and ministry of labour goes against the cgit decision and the only preceding officer knows the ID act and rest all fools in ministry of labour?? request opinions and comments.

kiran kumar   06 September 2017 at 11:57

Land property issue

Sir My name is kiran i am having land of 1.35 ares and 0.27 cents in srikakulam district AP. related to this I am having Pattadhar Pass Book,Title Deed,1B,Adangal for 1.35 acres, remaining 0.27cents of land received through the will of my grand mother.
For the above mentioned land SAGU doing by my relative. After my father expired he was threaten me not enter in the land from past 6yrs,& not giving any amount and doing his cultivation in my land.
In this issue i was approached the court on 2013 for Permanent injection suite. Opponent having wrong entry(MANUAL) in her pass book and he is using lot of tricks bcz he was retired VRO. So here with humbly requesting your valuable suggestion plz.
My mail id is :devikiran06@yahoo.co.in

Natasha Prakash Bankeshwar   06 September 2017 at 11:57

Joint ownership of flat


Dear Sir,
1. Share Certificate in respect of Flat solely owned by the deceased member has been transferred to his sole nominee / son in accordance with the Nomination Form and Bye-laws, after the said nominee became a member. There are three legal heirs, i.e. wife and two sons of the deceased member, the younger son being the sole nominee.
2. The said sole nominee has now requested for joint ownership of the said Flat with his mother (wife of the deceased member) i.e. for 50% share and interest each in the said flat / share certificate. In this regard, please let us know the following:
1) Procedure and documentation under the law for granting such joint ownership of the flat as stated above.
2) Whether No Objection Letter is required from the other son for such joint ownership of the flat?
3) Whether the flat can be sold if the Society grants such joint ownership of the flat?
4) Whether No Objection Letter is required from the other son for the sale of flat by the joint owners?

Sincerely,


(Prakash S. Bankeshwar)
Secretary, Aaram CHSL

Ben Sherry   06 September 2017 at 11:12

Case in national consumer reddressal forum.

Dear Experts,

I have a consumer complaint filed with the National Consumer Forum New Delhi

The present status is I have a stay order against my builder . He cannot sell the apartment in question. And this complaint has been filed in January 2011, Till date it has been continuously adjourned. As the opposing party has been seeking time .

can the opposing party not be present of seek more time infinitely. Is there a remedy to this .

In Anticipation,

Mrinalini.VK   06 September 2017 at 08:51

Transfer of Shares to Nominees

Kindly advise What action can be taken against Secretary of CHS who refuses to: a)Issue DUPLICATE SHARE CERTIFICATE after nominees have reported LOSS of the ORIGINAL CERTIFICATE following death of Original owner.
b)Can nominees request for following same PROCEDURE(ie PRECEDENT)set by the said CHS of issuing duplicate share certs.-[NO FIR filed/NO Advts issued].Only Documentation in books n Duplicates issued.
c)TIMELINE to be given to Secretary for issue of Duplicate Share Certificate to Nominees irrespective whatever procedure to be followed-As per Byelaw/Precedent set by the CHS.