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professional   02 August 2015 at 19:41

Admissibility of document

Question: A has let out his shop to B at a rent of Rs. 100 per month in 2004. At the time of letting a documents on requisite stamp per is executed ''by B only'' recording the terms and conditions of letting. One of the terms is that B shall not change the shutter and the show window of the shop. In another clause it is mentioned that B has taken the shop on rent for a period of 11 months only. A, finding that B has made preparation for changing the shutter and show window of the shop institutes a suit for permanent injunction to restrain B from doing so. A in this regard relies upon the aforesaid document which was signed by B only. B takes a plea that the aforesaid document being unregistered cannot be looked into by the court. What will be the fate of objection of B ? Also, whether the position would be different if the said document had been signed by both A and B ?

dhanesh   02 August 2015 at 18:53

Possession not getting

I am having allotments letter for my officr builder are not giving possesdion sale of sra project

J. P. Shah   02 August 2015 at 18:07

Dues recoverable from state govt- limitation

My friend is trying to recover nearly Rs.3.00 lakhs from a state govt for goods supplied to its departments in 2005. Since all administrative remedies have failed, he intends to file a recovery suit for bill amount. In last 6 months part of bill is paid but balance is not being paid. Please inform me limitation period for unpaid amount of bills for which goods were supplied in 2005.Govt can recover its dues in 30 years. Whether this rule is applicable for dues recoverable from govt by a citizen or only 3 year is the limitation period.

Amartya Dey   02 August 2015 at 17:09

Mandatory leaves to be given to employees?

Hello,

I have the following questions:

1) What are the mandatory leaves that have to be given to employees? (I am aware of the leaves listed by the Factories Act and Maternity Benefit Act.)

2) If an employee goes for vasectomy, which act stipulates that we provide him leave?

3) If an employee wants to go for voting, can we stop him/her? If no, then according to which act or law?

Practices differ across industry but I am keen to know the ones that we have to give in any case following an act.

I am currently working for a PSU in West Bengal. I have gone through the West Bengal Shops & Establishments Act, 1963 too.

Regards

sidharth   02 August 2015 at 16:41

Accident claim regarding carrier loss

sir m a serving soldier of indian army , recently i cleared exam for army officer ( for lieutenant) and when i was going for training , a government roadways bus hit me frm back resulted in permanent disability , i lost all my carrier options in army , even my candidature was cancelled as i was unfit for training , m a c class gov employ and for the post i waz permoted comes under a class officer , so i need ur assistance how much compensation i can claim as i lost all my carrier prospect in my job although got 35% disability from ortho side , waiting for your valuable guidelines .

Sharad P Thakkar   02 August 2015 at 15:36

Redeveloment of society, terrace

Sir,
I am resident of Mumbai, staying on 4th floor of a building of 4 floors, and we have a pocket terrace of approx 200 ft ft area with exclusive entry from our flat only.
We have made an agreement for redevelopment of our society in sept 2009, and builder has paid part of corpus fund( approx Rs.24 lac,in sep 2009) also, but the agreement is not yet registered. In the agreement, the builder has promised us to give 72 sq ft carpet area against our open terrace(which we are occupying at 4th floor, and the main terrace of building is above 4th floor). However the society is now asking us to compensate approx Rs. 5 lac for taking no- objection to builder for giving us extra area against our terrace.
my question is..
Can the society change the clause in which
builder agreed to give us 72 ft area against our terrace?
What right do we have on our terrace, which
the builder of the society has given to the first owner of the flat in writing, and the agreement is registered in 1978,and again when we purchased the flat in 2003, where the agreement states our flat has an area of 490 sq,ft with free open terrace.
The society is now in final stages of negotiations for redevelopment, and they have threatened us that they will remove the clause if we do not pay.
Should we compromise with society or not?
n.b-the agreement for redevelopment is still not registered. Also coveyence of society is still not done due to technical reasons.

Vinod Upadhyaya   02 August 2015 at 15:32

Ownership Tranfer process incase of Joint ownership Shop

Hi Expert,
we have a case of transfer request from the widow of deceased joint owner of a shop whose name stands second in the share certificate as well as the shop purchase agreement in our society.
kindly guide me as to what documents should the society ask for and from whom and according to which relevant byelaw, act or rule.

thanks in advance.

Nagesh   02 August 2015 at 13:00

conversion of agricultural land to industrial land

Sir,I have 12 acre agri. Land in village of ahmednagar dist. I wanted to set up a big industrial processing plant on it hence i wamted to convert it in industrial na. Could you please guide me a procedure? And also after being Industrial NA how much actual area i got for construction (Build up area)?

Manoj Deka   02 August 2015 at 12:20

Appointment by arbitrary power.

Sir, one women got appointment under compassionate ground in a 4th grade post which was under metric post after one year she was engaged in a 3rd grade post for which minimum E.Q required matriculate, she completed 17 years in the 3rd grade post, after 17 years department ask her to submit HSLC pass certificate she said i am not matriculate than she was put under suspension and a criminal case was registered stating that she provided false certificate, she appeal HC, HC quashed the FIR and stated that she canot be tried for an act which she did not do parallelly she appeal before the AT for her reinstatement the AT reinstated her in the same post from which she was put under suspension stating that after 17 years of service she was asked to produce EQ certificate further the AT stated that subject to the out come of the decision of the H.C. Now AT called the Service record from the HC and found a typed written certificate of HSLC which the women never deposited to the authority which was proofed in the HC.

Now what decision can be there in AT. Please suggest advice if any argument are there for favour or disfavour of the women.

Thanking you in anticipation.

johan   02 August 2015 at 10:33

Uniform civil code for christians

Respected Counsel please advise on how the central governments application of Uniform civil code to Christians will affect Christian marriage laws in regards to property owned by both spouses, future inheritance, streedhana and whether wife is liable to pay maintenance to husband as per HMA 24 if the new amendment comes into effect.