Anonymous
25 July 2017 at 06:59
I'm 50% partner in a firm
the other patner claims that the trade mark belongs to him
Partnership is not registered
Premises is leased and owner wants to vacate the building after expiry of lease
The other partner wants to dissolve the partnership firm
After that he wants to continue work in the same premises wit same firm name
I want to start a new firm with same name at different premises
Can I claim the trade mark
Can I ask him not to work in the previous premises
Can the other partner claim and restrict me using the trade mark
Santu Bandyopadhyay
25 July 2017 at 04:41
If I miss the due date for submitting itr file , can I open my capital gain scheme account after that and file a belated itr but before the expiry time for reinvestment of capital gain to show that account in itr?
Sumit
25 July 2017 at 00:54
Dear Sir,
I have filed divorce case in district court, under section 13 in November 2015 and then my wife filed Interim maintenance application under sec 24 in May 2016. My wife intention is to delay case as long as possible. Arguments on sec 24 held in November 2016 (both parties submitted proof documents) and we were expecting maintenance order in December 2016. But decision has been reserved and adjourned by court seven times citing reason as “Arg. not advanced” so that next date is in August 2017. Each time my advocate appears in court on date and he has been told to come after 2 PM (mostly order comes after 2 PM) but get another date instead of order. When I questioned my advocate why court is citing wrong reason that “Arg. not advanced”, whereas in actual arguments happened in Nov’2016, then my advocate answered that it is normal practice that judge don’t take ownership of the delay in decision at their end. If we argue with judge she may give unfavorable decision in sec 24 and also sec 13. Also it could be harmful in other cases of the advocate. Also judge can ask to repeat arguments citing reason that some shortcoming in previous one held in Nov’16. Also my advocate told that my wife will get maintenance from date of filing application i.e. May 2016 (therefore no monetary loss for her) and she is able to achieve her objective of delaying the case. My quarries are:
(i) Is it really normal for courts to cite reason “Arg. Not advanced” instead of “Decision reserved”, so as to put liability on advocates instead of themselves. Aren’t they suppose to explain why Arguments not advancing if it is so.
(ii) I believe with passage of time (9 months) judge may be forgetting details of Arguments, then what could be the reason she is delaying the matter. Is judge has liberty to do so, when Supreme Court has given guideline to complete interim maintenance case in 6 months (here 15 months) and judge can’t reserve decision for more than 50 days (here 9 months, out of 15 months).
(iii) Without involving my advocate, can I escalate the matter to judge or somewhere above district court? If yes, how can I prove that arguments completed 9 months back? Can someone question judge if Arguments not advancing, then why it is not advancing. If any advocate is not coming then court should do ex-party decision against him.
Please help what should be my best course of action.
Vivek
25 July 2017 at 00:52
Hi...I am working with one of leading MNC company which I joined one year back .
However now due to some my personal family issues I need to reallocate myself and I resigned from the company
Since I accepted the offer letter with condition of 3 months notice period which is quite difficult for me to serve considering my family issues
My boss is not relieving me from the services and asking me to serve complete 3 months period which is next to impossible for me inspite of my willingness to pay out the recovery amount.
Moreover I don't want to leave the company with bad relations as world is so small and who knows that I might again get chance to work for this company.
Can anybody please suggest me the procedure for safe and smooth exit from the company
Anonymous
24 July 2017 at 23:24
Dear Sir/Madam,
We filed a suit for injunction as follows.
Mr.X received grant land with 15 years non-alienation. Before lease period completion, Mr.X executed all purpose GPA (sell/maintain/legal etc) to buyers.
The buyers registered their property after completion of lease period (i.e 1996). The buyers have paid taxes from 2009 to date.
Mr.X have been threatening the buyers to not enter the property denying the sale - they also defaced the layout. Now when the buyers filed suit for injunction, Mr.X and family claim that they are in procession. The land is vacant without site boundaries (it appears the sellers have slightly encroached/ built temp shed in partial area based on satellite images).
Does Mr.X and family have any right.They never filed any case on buyers claiming adverse pocession.
Rachit
24 July 2017 at 23:01
Sir I have taken c.c form bank which was cover with my property but in my Godown fire incident has been happen and bank has renew my policy by banker cheque in which bank has not renew my fire policy then I go to bank a asked the manger to my fire policy then manger is telling me that by any mistake your fire policy is not renew I will talk to insurance company because we have national tie up with insurance company after that I wait for 2 month then I has to go high court as then he ascept the mistake and he tell the court that I filled the case in national consumer form new delhi and he has taken the action against my in safassie act 13( 4 ) what can I do in this by the fault bank &insurance I would suffer and in my c.c agreement he was add a cause that all the risks are coverd by bank and the original policy of insurance is in bank IT should
B Dutta
24 July 2017 at 21:33
Hi,
My current case stage is Evidence on Affidavit on SCDRC (state consumer forum) against builder Unitech for proper delay compensation in delivery of the flat. While submitting petition filing the case, I submitted copy of all documents (Agreement, money receipt, allotment later, last notice to builder etc), Do I need to submit the original version of these documents in "Evidence on Affidavit" ? or the copy of the same is fine? All those original docs are with the bank where I took loan for the flat.
Thanks,
Bama
sujata
24 July 2017 at 19:13
In 2007 my in laws bought a property in Rajasthan. They gave the land to previous owners only for farming ..now the scene is that they have filed a case on us on the behalf of their daughters claiming their share in the land. We have been in this chios from the past 5 years. The case had been put to our favour earlier as the other party did not show up on the hearings but now they have again filed the case. We have all the geniune documents with us....what they say farad and all. Despite being in the right we have no idea why we are put to in this legal matter. As what i think is that it was previous owners' duty to give share to his daughters but he along with his daughters have dragged us in the matter. We want to sell the land but because of stay, couodnot. Any help???
Radha Iyer
24 July 2017 at 18:32
Hello:
I live inn Delhi and my husband passed away recently. We have a house in Tirichirapalli inn his name. I would like to know what is the procedure for mutating this property. Ii have obtained Surviving Member certificate.
Thanks in advance
Radha
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How party be changed in same contract
Sir,
Thanks !!!
My company "C" placed purchase order to vendor "V" for a rate contract for two years for supply to a location "L" of the company. The vendor "V" has executed part of the order.
In the meantime my company "C" has formed a joined venture company "J" and the particular location "L" is now part of the new joint venture company "J".
Now, the unexecuted part of the contract is required to be shifted to the new Joint venture company.
Kindly request expert to please advise on the steps to be taken.
Thanking you.