Member (Account Deleted)
05 November 2014 at 19:10
sir,
i m working in cpse. my department has released an internal order for mandatory attendance on all days in order to avoid work backlog. i didnt come on muharram and being a muslim , i follow it religiously moreover it was a gazatted holiday.
now i have been served a memo.
please enlighten me on how can i explain myself clearly with a legal angle.
Pankaj Khodaskar
05 November 2014 at 19:09
Section 62(1) of the Companies Act, 2013 allows issue of securities on rights basis to the existing shareholders. The Companies Act, 2013 has also introduced concept of registered valuer and in case of preferential allotment of securities, the value needs to be determined as per value determined by the registered valuer. Whether even in case of rights issue of securities, the company is required to follow price determined by such valuer or the Board can decide the price for such issue on rights basis?
sandesh khandelwal
05 November 2014 at 17:50
my father mr A has five brothers MR,B, MR C, MR D, MR E,MR F .my grandfather has divided property and had given to all the brothers equally and had some share in name of my grandmother. all brothers sold there share of land except my father mr A and mr B AS WE HAVE GOOD REALATIONS MR b LOOKS AFTER OUR LAND ALONG WITH HIS. MR C sold his share to MR B.as my grandmother use to live with mr B he took over her property as he has documents signed by her. mr c has made his son file suit to claim share in grandparents property though he lost the case.i want to know can a grandson ask for share in grandparents property.he tries to get into land with power how do we prevent him what are the serious charges we can put on him
Dear Learned Lawyers,
A civil suit was filed in the lower court on 29-09-2010. Since the respondents did not appear, they have been declared as ex-parte to the suit and an order to that effect was issued on 01.03.2011. After more than three years, while the ex-parte order is dated 01.03.2011, one of the respondent files an I.A, with a prayer to set aside the ex-parte order on 07.04.2014 and the court too admitted the petition. I filed a counter reply to the I.A. and ultimately the IA got dismissed is a different story. The respondent again applied for a revision petition which also got rejected by the lower court. Now, the respondent has filed a CRP in the Honourable High Court with a prayer to stall the proceeding at the lower court until his revision petition is heard. When I received the notice, I approached reputed lawyers and they fired me left and right asking me
i) Why an ex-parte decree was not obtained to which I could not answer as I am not the lawyer but only a client who depended on the lawyer.
ii) How the I.A. petition was allowed by the court while the respondent is coming up and opening the matter after a lapse of three years.
Now all that I want to know from you learned Advocates are :
a) Whether the court will pass the decree on the ex-parte order on its own automatically or the petitioner’s advocate should ask for it ?
b) Is it not the duty of the court to see the merit of the case before accepting the petition ?
c) Who is responsible for the miserable situation and what is the solution for it ?
d) In the same way of functioning of the lower court, the High Court also accepted the CRP petition and numbered without ensuring the merit of the case ?
e) Doesn’t this kind of functioning of the courts increase the number of pending cases which are not at all fit to be considered ?
Can you please come up with your valuable views/suggestions/solutions.
Thanks & Regards
Balaji
ram
05 November 2014 at 16:37
Hi Experts:
Need your help urgently, brief background below. got married 2003, have 2 daughters 10 & 4 Years, leaving with Parents, father doing private job, his age 67. From few years wife saying to send parents at village & want to stay alone, have tourchered me with all the ways & she seperated from us to leave with her parents 6 months back, kids are with her. she is workign in gud company & taken transfer from Hyd, she is earning 45k/month. Now she want me to pay kids fee & other cost, she says she will leave with me only if parents are not with me & i have to pay for kids fees & other costs. I am the only son. also she is thretening for legal action.
pls. help with your valued advise. i am woried for parents future & dont want to be blackmailed.
I'm from nagari municipality in andhra pradesh my ward councilor constructing commercial complex without any approval from municipal office. that property which he is constructing belong to his mother.whether I have to file complaint on him or on his mother?
kumar
05 November 2014 at 15:32
I want to file criminal complaint against neighbour as the neighbour has filed civil case using fake documents,now
along complaint what are the other documents to be submitted.
kumar
05 November 2014 at 15:29
False/fabricated documents of plan of property and false affidavit is filed by plaintiff along plaint, now
1- can I file application u/s340 crpc in the same court.
or
2- should I have to file in criminal court.
Appropriation of provident fund
Dear Sir,
My service in the Bank was ceased on 02.09.2011. I had availed a few Loans against the security of Provident Fund. The PF a/c was closed on 30.09.2013 and the loan a/cs were appropriated and the balance was paid to me. But the interest on the PF balance was paid only upto 02.09.2011.
Where as the interest was charged on Loan a/cs till the date of closure i.e. 30.09.2013. Thereby I lost an amount of Rs. 2.50lacs. The balance in the PF a/c was kept idle without any interest for almost 2 years. The Bank was negligent in this case by not closing the a/cs on the day of cessation of service or when the loan a/cs are charged with upto date interest the PF balance should have earned interest accordingly.
Is there any recourse for recovery of uptodate interest on PF or charging back of interest of Loan a/cs.
Pl clarify.