sunil rai
22 July 2016 at 16:44
i had given contract for construction of my house to local contractor. he made contract not on his name but on behalf of company perfect solutions ,due to his decent behavior and a known person in between i had given contract with material without verifying his company details . after 6-7 months his speed of construction was very slow and he used to start sub-standard material and unskilled labor for skilled works.for each work he started to ask for extra payments which was included in contract .Due to which i had to ask him to stop work ,he started to say that i had to pay 15 lakhs to him. than i hired a govt. approved property valuer who assessed value of works and gave report that contractor had already taken 5 lakhs more than required for this work. i sent him cancellation of contract notice through lawyer and filed case in consumer court.after cancellation of his agreement i made agreement with other contractors for completing my construction work and to whom i had paid through cheques and i had receiving from them also. I submitted RTI in commercial tax deptt. to verify about his company and i got reply there is no such company and there is no any company related to him.also he has taken most of amount in cash and very less amount in cheques.at present it seems that he will lose case in consumer court , fearing that he filed case against me in civil court with plea that he has completed all work and his payment is due.Court had sent some Amin for site verification that Contractor liased with Amin of court and made visist with him at that time when only my old mother was there at home,my mother told him to wait as my wife was in office and it would take some time to come but he didnot waited and took pic from outside and went away I think he may bribe Amin of court and put report in his favour .what i should do now .whether i complain about him in income tax department .please guide me because i had taken huge amount of loan and i have all bills and agreement with other contractors who have completed my house construction work .he is trying to pressurise through all means
sunil rai
22 July 2016 at 16:41
False case filed under sec 498a and other associated acts by wife of brother in law.name of my wife also draged in this matter . however my wife is staying with me and also working and never visit his mother home as her mother is staying at our place only.my wife is staying with me since 2003 and brother in law was married in 2010 and case filed in 2015. case procedings satyed by honble allahabad high court and referred to mediation centre .i want to know what will happen if mediation fails as all members are named in FIR whether he /she is staying there or not. i have send attendance verified by deptt, to IO mahila than what should be nexrt step now/ kindly guide
Ajay Pandita
22 July 2016 at 16:24
Can we pass No confidence motion against President in Education Society Act
Dear Team,
We have formed a 9 member team with memorandom to work in Education sector. Around 3 months back we have registered it under Society Act in Maharashtra. We have President, vice president, secretary, treasurer and resr are members.
Kindly suggest, if we can remove or change the President through a No Trust motion, when we are only 3 months old. I came across a Indian express news report of Hon SC order in 2015 which states that a No Trust motion cannot be passed unless 2 years from the formation of a Society. Link shared below -
http://indianexpress.com/article/india/india-others/sc-no-trust-motion-against-co-op-office-bearers-only-after-2-yrs-in-office/
Kindly suggest and clear this confusion.
Regards..
Ajay Pandita
HARSH
22 July 2016 at 15:44
Ld Experts,
Please help :Something which is unlawful, can be lawful by instituting an agreement ?
Is there any maxim or law to the effect of above statement?
Confused Indian
22 July 2016 at 15:37
My father is a central government employee,currently working under the home ministry.
He joined the office nearly 3 months back as a group A officer,ever since then he's been under severe pressure because of the work load and non-cooperation of his juniors and even his seniors.
There are two more similar posts(same as my father's)in the office,all of which have been vacant for a long time until my father was promoted(from a non-officer class job) and made to occupy one of these designations. Now,since he's only new to this job and there is no one around to guide him with his work and duties,my father faced a lot of hardships in the beginning but even after he tried taking control of things and learning how to work around things himself,his fellow coworkers,instead of helping him do so, have only caused him more and more trouble every-time ,mostly ON PURPOSE.
His juniors have not had a healthy relationship among themselves since before he joined this office,they keep fighting among themselves and end leave all the work they've to do as it is.But since my father is the one who actually holds some authority and is responsible for the work. So, keeping in mind that at the end it'll be him who has to answer the delay(and also to maintain a healthy work atmosphere,as their senior), every time my father tries to solve their issues,they all suddenly unify and start THREATENING HIM.One of them has even declared right to his face"I'll only work as much as I feel like.Do whatever you feel like.I'm not scared of anyone".My father has reported this issue to his seniors many time but they aren't interested in the least.All they care about is getting the work done at time,even if he has to do 10 men's work all by himself.
My father has even tried convincing his juniors,by calling them personally after office hours and literally pleading to them to understand his position and to please cope-up with each other but they've straight forward denied his humble request.
Since these past two months, he's been under severe depression and his health has went down greatly. I've never seen my dad so tensed my whole life.
He starts having panic attacks,feels like throwing up all the time and is so depressed that he's sometimes not even aware of his surroundings.
All these things added up to the ailments he's already suffering from(High BP,cholesterol,thyroid,cervical pain among them) have taken a huge toll on his health.
He's applied for a transfer but its already been over a month and a half since that and even though the application was forwarded by his senior, who is totally against the idea(and actually added content against it, from his own side),the application has not even reached the officer who is ultimately in-charge.
The matter has not only been affecting him,but also us,the rest of his family.The sadness is reaching us all.
One more thing I would like to add is that my father had not gone to the office for the past three days due to bad health(caused,of course,by these circumstances) and today when he did,his senior handed him some kind of memo(I don't exactly know if that's an office slang) and warned him of his suspension.But this isn't the first time he's done so.Like i mentioned before,every time my father's juniors get in a fight and leave all the work,its my father who has to suffer,and every time he gets a suspension threat
So finally, I ask you if there's anything the law can do to help us while keeping my my father's job and dignity and help our family in these grave circumstances?
Muraleedhara
22 July 2016 at 15:02
Iam a 52 years retired army person . iam married a girl sine 1984 September 9th . living with her up to 2001. She is a state government employee. Our marriage is not in registered. But my entered her name in my service record . two children's me. One son and one daughter. Son is 30 years he married .daughter is 36 years and she is married . we are seperated in 2001. After five years iam remarried and this married is registered . now my old wife is complaint through Kerala women's commission for my property. What can I do please help me.
sanjeev kumar
22 July 2016 at 14:56
Respected Experts,
we have filed execution of decree in specific performance of agreement case. Sale consideration is deposited in treasury after refusal of JD to accept sale consideration and draft sale deed is also finalized as per objection raised by JD's.
Now Court will be required to appoint Local commissioner as JD are not executing sale deed.
Do we need to create another draft sale deed to be executed by Local commissioner and also seek concurrence of JD or earlier sale deed approved by JD will suffice the purpose?
Earlier it took around one year to finalize this draft sale deed and do we need to spent all this time again in changed circumstances ?
pawan kumar
22 July 2016 at 14:52
Does mutation confer title and what is limitation period for challenging mutation in court to get it revoked
Joys
22 July 2016 at 14:26
Hi,
please advise me how to change the place of birth in Passport. I had my first passport issued from Trivandrum Kerala in 1994 and it got expired in 2004. in That my place of birth mentioned is "KUNDARA". I have submited my 10th certificate for issuing the passport. in 2001 i made my birth certificate from where I was born, ie. "IPALLOOR". Both KUNDARA and AIPALLOOR falls under the same district KOLLAM and State Kerala. In 2015 i applied for renewal of my passport and as per the initial passport all the datas copied in that and Place of birth mentioned as KUNDARA only. Now when I was filling out my form for the immigration to USA I noticed the discrepancy in Place of birth. its diffrent in Birth certificate and passport which is not acceptable by US. So I applied for change in place of birth. Police verification done everything is perfect but now the RPO need an affidavit duly signed by Metropolitan Majistrate/Judge. I have approached so many advocates for this and they all said it can't be done.
Please advise me how can I get it done as I need the passport urgently for submitting DS260 form.
The RPO said I can't get it attested by a SDM,EM or Notary. How can MM/Judge will attest my affidavit.
Please please help me
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Required format of notice under order 1 rule 8
Dear experts, Can anybody provide me the sample of notice to be published in news paper after getting the permission under order 1 rule 8 ?
Thank you.