Shalini Sharma
21 September 2015 at 01:45
Dear all,
In 498 A bail court order to husband to deposit fd of 50,000 in wife's name for accepting the bail. Due to compromise between thm,Wife did not get it released nd is still submitted in d court. both d parties get into compromise nd got 498A quashed ny high court, but husband did not comply with conditions and v get 498A restored frm HC. Now can wife get that fdr released as she is need of money .
Arif Patel
20 September 2015 at 23:16
I am Arif Patel. I am working with kantibhai in his scrap shop at Zaveri bazar. This shop is tenanted property of kantibhai. Kantibhai is alone and have no legal heir to him. I am his employee and taking his all care of food cloth medicine . My name is there in ration card of kantibhai as employee. Kantibhai want to give his shop and scrap business to me after he is dead. Landlord not agree to transfer rent receipt as he know that kantibhai is alone and have no one in his family. We stay in the shop. Can kantibhai go to court and declare me as his legal heir officially so after his death, as a legal heir I will become tenant of his shop and owner of his business. Kantibhai is hindu and I am muslim. Kantibhai is of 70 years age and I am 40 years of age. Please guide.
Ashok Shah
20 September 2015 at 23:11
HOn'ble judge of HIgh Court dismissed the petition on the ground that "Since the petitioner cannot proceed to appropriately deal with the objection canvassed under section 69(2) of the Partnership Act, 1932, A.P. No. 1552 of 2014 is dismissed for default. The petition may be revived upon the petitioner being adequately ready to deal with the challenge.
There will be no order as to costs."
My view : If petitioner can not proceed appropriately, then petition should have been dismissed and not dismissed for default.
Again, when petition was restored, ON 22ND JULY WITHOUT REFERRING TO THE ABOVE MATTER BY HON'BLE JUDGE. THE FOUR COPIES OF ORDERS ARE ATTACHED HEREWITH FOR YOUR PERUSAL.
WE NEED YOUR ESTEEMED SUGGESTION AS TO SHOULD WE FILE SLP.
FOUR ORDERS IN FOUR PDF FILES ATTACHED HEREWITH FOR YOUR PERUSAL. MY EMAIL ID IS AKVSHAH@GMAIL.COM
ORDER COPY GIST IS GIVEN HEREUNDER
ORDER DATED 10-08-2015
CAL CUTTA Ordinary Original Civil Jurisdiction ORIGINA L SIDE
JUSTICE SANJIB BANERJEE
D ate : August 10, 2015.
The Court : The respondents are not represented despite previous service and despite the proforma respondents being represented at one point of time.
This is a request under Section 11 of the Arbitration and Conciliation Act, 1996, founded on the arbitration clause contained in a partnership deed of January 5, 2009 in respect of a firm of chartered accountants.
The petitioners say that the principal dispute is as to whether the first respondent has resigned from the firm or not. One of the proforma respondents, according to the petitioners,appears to support the first respondent.
The petitioners invoked the arbitration agreement by a letter dated July 23, 2014. The petitioners nominated a chartered accountant of their choice as the arbitrator. The notice was duly received by the first respondent and replied to on August 10, 2014. The first
respondent asserted that since it was the contention of the petitioners that the first respondent had resigned from the firm, the arbitration clause may not apply. The first respondent also made a counter-suggestion as to the personnel of the arbitrator in
paragraph 2(b) of the reply. Since it is evident from the first respondent’s reply to the notice of invocation that there is no dispute as to the physical existence of the arbitration agreement and since the first respondent did not agree to the petitioners’ nominee as arbitrator, the appointment has to be made by the Chief Justice or her designate.
Mr. Utpal Bose, Sr. Advocate, is appointed arbitrator at a consolidated remuneration of Rs.6 lakh to be shared by the petitioners on the one hand and the first respondent and any supporting proforma respondents on the other at the first instance. The arbitrator will be free to decide on which of the parties should bear the arbitrator’s remuneration while issuing directions in the final award.
The petitioners reckon that the reference should take no more than three months from the completion of the pleadings. The petitioners have agreed to file their statement of claim within three weeks from date.
The order was pronounced by naming a chartered accountant as arbitrator in accordance with the arbitration agreement. Advocate for the respondents appeared at such stage and suggested that a lawyer be appointed as arbitrator. Since the petitioners have accepted such suggestion, the choice of the personnel of the arbitrator reveals a departure from the arbitration agreement. AP No. 1552 of 2014 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.)
sg.
ORDER DATED 21-07-15
OD-84 G.A. No. 2166 of 2015
With
A.P. No. 1552 of 2014
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date: 21st July, 2015.
Appearance:
Mr. Rajeev Kr. Jain, Adv. appears
Mr. T. Tiwary, Adv. appears
Mr. Ashok Kumar Vanchand Shet, appears
The Court: Sufficient grounds have been made out as to why the petitioners were unable to proceed with the request under Section 11 of the Arbitration and Conciliation Act, 1996 when the matter was taken up on June 30, 2015.
The order dated June 30, 2015 is recalled and AP No. 1552 of 2014 is restored to the file. AP No. 1552 of 2014 will appear as ‘Adjourned Motion’ in the monthly list of August, 2015. The restoration application being GA No. 2166 of 2015 is allowed as above but without any order as to costs.
(SANJIB BANERJEE, J.)
sg2
ORDER DATED 30-06-15
The Court : Since the petitioner cannot proceed to appropriately deal with the objection canvassed under Section 69(2) of the Partnership Act, 1932, A.P.No.1552 of 2014 is dismissed for default. The petition may be revived upon the petitioner being adequately ready to deal with the challenge.
There will be no order as to costs.
(SANJIB BANERJEE, J.)
A/s.
ORDER DATED 10-12-14
ORDER SHEET
AP No. 1552 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SUBHASH CHANDRA SARAR & ORS.
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 10th December, 2014.
The Court: Having heard the learned advocates for the parties and upon perusing the instant application filed under section 11 of the Arbitration and Conciliation Act, 1996, it appears that this matter cannot be disposed of without calling for affidavits.
Accordingly, let affidavit-in-opposition be filed within a week from date; reply, if any, within a week thereafter.
List this matter under the heading, “Arbitration Motion Adjourned” a fortnight after Christmas vacation.
(BISWANATH SOMADDER, J.)
akb/
ramakrishna.r.b
20 September 2015 at 23:02
Dear sir,
We have 50 flats in our building newly constructed in bangalore. Approval is there only for 48 flats. Apartment has been built on a joint venture bet builder-cum-developer and the land-lord. Land has got a-katha whereas the building has violated rules while construction. Builder says he cannot give OC and CC to the residents. Both builder-cum-developer and the land-lord have one flat each unauthorizedly constructed on the top floor. it is g+4 floors with cellar floor for car parking. So far there are only 17 residents who have occupied the flats. Rest 33 flats are still vacant belonging to builder/land-owner. Builder has collected ST and VAT from the residents by way of chq/cash for which receipts have not been given. They refuse to give receipts. They have collected maintenance charges from the residents for 6 moths at the time of possession.
There are many pending issues with the builder and the builder bent upon handing over the building by November end to the residents. we the residents do not have any association to receive. Builder says he can handover to any one resident and from December on wards we have to maintain. Also builder says he will pay for the unoccupied flats the maintenance charges. Builders are bogus people we cannot believe as they have grossly cheated us telling that we will get you a-katha. we came to know now they are number-one cheaters. all the residents are afraid to ask the builder any favour.
What shall we do now as the builder is forcing on us to take over by November end. How can we get a-katha, ST and VAT receipts for the payment made by us ? should we have to form an association and register it ? How does the association protect us ? suppose the builder refuses to pay maintenance charges what is the recourse ? How can we force builder to complete the project ? there are many lapses in the construction how to rectify that with the builder who is so adament ?
abhishek
20 September 2015 at 22:39
Sir
My wife has put one more case of section 125 . and stated that i am earning 300000 Rs P.M which is not true. and she wanted maintenance of 50000 for her and 20000 for my daughter.
My total in hand salary is -100000
Minus Home loan EMI 40000
Minus CAR Loan - 12000
Minus Personal Loan - 16000
Minus House Rent - 20000
Minus House Hold Expenses - 10000
100000-98000 = 2000 i am left with every month.
will court force me to pay the money while i am requesting her to come back home. Please suggest.
regards
abhishek
Harish Kumar
20 September 2015 at 21:49
Hi, my great grandfather had written a Will for the property selft acquired by him (agriculture land). Which is also registered. He has written Will on male children of his grandsons i.e. on me and my cousin's. My great grandfather also mentioned that his son (my grandfather) and his all sons(my father and his brothers) can only enjoy the property but cannnt sell. Now my problem is we wanted to sell a portion of land. My name and my brother name is mentioned wrongly. How to legally resolve this. Pls help
Rovi Singh
20 September 2015 at 20:58
On 24-August-2015, my brother, whose age was 18, was going tuition in his scooty, but suddenly a big army truck, which was going Delhi, hit him very badly on his head by accident and as a result, his scooty slipped and he fell from it. My brother writhed in pain on road for ten minutes, but the driver did not help him at all, even as hospital was just 40 metres away. Because the driver was an army person, public did not beat him but they did scold him and told him to take my brother to hospital which he instantly refused to do so by giving excuse that his truck is loaded. When my brother was writhing in pain on road, the driver, instead of helping, was busy in making phone calls to his army unit for the protection of his loaded truck. After writhing in pain on road for ten minutes, two boys took my brother to hospital where he was pronounced death. The police booked him under section 304(A) of IPC.
Can the driver be punished for not helping my brother when he was writhing in pain on road after the accident that happened accidentally? If yes, what section would be imposed on him?
Srihari P
20 September 2015 at 20:43
Dear Sir
In NI act case accused is hiding since last 4 years and court issued NBW to the accused place (which is out of state). But the concern police are not executing since last 4 years.
a) Can we try to get another warrant on our place police (where court also exists) and request / influence police for the execution.
b) If yes, In that case the old NBW is also in existence or would it be lapse.
c) If our place police goes to his place and try for his arrest, should they intimate before arrest or not required.
MUBEEN KHAN
20 September 2015 at 19:52
Hi, I am living in Orai U.P and I have a small battery business. I am tenant of shop more than 35 years, I was paying rent and electric city bill regularly but my shop owner has sold the shop secretly and without any notice. So please guide me.
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