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Manzoor Ahmad   26 August 2015 at 11:53

Regarding claim 0f 3 lac inr

Sir,
I am Manzoor from Jammu Kashmir.

My Query is

1./ In December 2011 I write a simple application on Plain Paper to the management of School for the for giving them a Canteen of School on rent for a 1 year.
2./ The management of the school approved my application and on the same application they approved the sanction of canteen and its yearly rent with a proper signature.
3/After some time I renovate the canteen and installed necessary infrastructures that includes installing of shutters,glasses and electric fittings.
4/That after running canteen for 3 months the management locked my canteen on the allegation that you are selling expired and sub standard items.
5./ For this I filed a civil suit in the case claiming the loss which happened due to locking of canteen and future loss.
6/ That during the trial I presented bills of items who were lost due to locking of canteen.
7/ That during the trial which runs for almost three years in the court I (Plaintiff) was present in 60 hearings out of 60 hearings and the defendants were present for only 8 hearings out of same 60 hearings.
8./That during trial I also presented my witnesses who were cross examined by the defendants.
9/ That after cross examination of my witnesses ,the defendants were asked to present witnesses.But they failed to produce witnesses.
10/For near about seven (07) months court waited for the witnesses but no one was produced from the side of defendants.
11/After that Hon'ble Judge of the trial court put them in the X-Party category and asked Plaintiffs for argument.
12/ At the time of argument the advocate of defendants was not available also and Plaintiffs advocate argues for 15-20 minutes regarding the case.

Now what is in your opinion on the basis of material evidence,witnesses from Plaintiffs side and their cross examination, Witness testimony from Plaintiff side and the plaintiffs presence on every court hearing the judgement goes on which side(Plaintiff Side or Defendant Side) and what will be the nature of the judgements.Hope that you will reply.

Malvika   26 August 2015 at 11:36

Can court summons be sent to an employee's office address.

Learned experts,

A wants to sue his collegue B, but does not have B's residential address.

In the above scenario can B's office address be given for the court summons to be served after A files a Plaint?

Priyanka87   26 August 2015 at 11:09

RCR

Respected experts, the following is my previous query asked last month. Your suggestions really gave me moral support.


http://www.lawyersclubindia.com/mobile/experts/priyanka-547351.asp

Please help me with my another query,My husband had sent blank messages and his cousins also sent long messages(on my husband's behalf)last month and my husband is also telling others that he is ready to take us only if we go to him(every time he abused me I was always there with him and never left him). But atleast once in his life time I want to hear from him that he wants us and take us home back by himself. I don't understand if he is doing all these coz he is scared of case I filed with all the proofs or he really wants us back. My advocate told me to file RCR after I told this to her. But I'm also scared if he is doing all these to trap me. Will filing of RCR weakens my 498a and dv case u/s 326,if he repeats this in future?my intention is not to punish him or expect any maintanance,he is very egoistic want him only to realize his mistake and make sure he doesn't repeat it again. kindly help me.

kumar   26 August 2015 at 09:41

Builder sent a notice for payment

I have booked property 3 months ago its ready position new flat and done agreement registered I have done yet the payment of one lack by check and put the file for loan but now builder sent me letter that I have to pay the bal amount in 15 days with the interest of 1 lack the bal amount is 23 lack now what I can do please help im not in the position to pay im helpless the bank is saying 1 more month and builder did not said anything about interest at the time of booking that if loan from bank takes time now suddenly I have got this letter is this is legal cause the property was ready position at the time of booking is there no law for the person who is going to take loan he will not get time for loan approvals please help

kumar   26 August 2015 at 09:38

Builder sent notice for payment

I have booked property 3 months ago its ready position new flat and done agreement registered I have done yet the payment of one lack by check and put the file for loan but now builder sent me letter that I have to pay the bal amount in 15 days with the interest of 1 lack the bal amount is 23 lack now what I can do please help im not in the position to pay im helpless the bank is saying 1 more month and builder did not said anything about interest at the time of booking that if loan from bank takes time now suddenly I have got this letter is this is legal cause the property was ready position at the time of booking is there no law for the person who is going to take loan he will not get time for loan approvals please help

Aftabul Hussain   26 August 2015 at 01:14

Arbitration & conciliation act,1996

Dear Sir,
One of my client buying a commercial vehicle by taking loan from finance company, on some instalment default the finance company repossessed the vehicle on the strength of agreement( Clause-5) and auctioned the vehicle and when their loan amount not recovered they again demanding money on the strength of said agreement and initiated case in Sole Arbitrator,vide (Clause-15) Arbitration in agreement. Now the question is that, can finance company do that ?

Aftabul Hussain
Advocate
Gauhati High Court.


Dinesh   25 August 2015 at 23:39

Regarding issue of a legal notice.

Dear Experts,

Would like to know if a common man can send a legal notice to a person who has not performed his part of the contract.

We had bought furniture from a manufacturer and it turned out to be defective. Even after persistent follow up he has not showed up. He charged us a bomb for the furniture he made which broke in 2 months from the date of purchase.

Can we, on our own write a legal notice and send it to him via registered ad for deficiency of service and cheating and if he does not respond then file a case against him at the district consumer forum or only a lawyer can send a lagal notice?

Thanks to you all in advance for spending your valuable time for answering my query.

youngbro   25 August 2015 at 23:14

Wife did not come to court after waiting period

respected lawyers,

Yesterday we had hearing for the divorce, our six months wait period is over, and the girl did not show up in the court, citing the reason that her relative was sick, can you please tell me how many times can she escape citing bogus reasons.

TO me it looks like she wants to harass my family till last second.

the girl tried to contact me during the wait period,saying she wanted to comeback I already paid the the agreed amount for withdrawl of 498 A cases. After all the sufferings and bad start to our marriage I do not want her back.

Is there any legal action we can take?

Thanks


Kriti Goyal   25 August 2015 at 22:46

Trespasser in torts

If a proper warning is given about a dog and trespaaers wl be prosecuted...and a minor who can read the notice but still trespaases and the dog bites him..then would the owner be prosecuted???
Also the minor's age is between 7-12

Satpal Singh   25 August 2015 at 22:08

Regarding non acceptance of resignation stating reason

Dear all,

Hope all of u doing good.
Please suggest some good answer for my problem.
I have resigned from my company giving 10 days notice, but my seniors not accepted my resignation stating that the top management had not accepted your resignation due to o/s (outstanding) debit balance of C&F ( carring and forwarding) agent of cement , against the shortage of cement in godown.


What to do now please suggest:
1. Can I leave company after sending a resignation by mail and registered post?
2. I have all document in which the c&f stated that he done the same and he is responsible for the mishapnning.
3. For balance o/s he is also planning to sell his plot, for which he already send a cocern letter of the owner.
4. If I leave the company after serving my notice period even if the boss again not accept my resignation stating the above reason? Can company take some legal action against this.


Please suggest me, so that I can serve next company.