Anonymous
18 August 2020 at 21:00
Service provider need PAN of the School but School run under a Trust and we have only PAN of the Trust but party want billing in the name of the Trust only as we provide PAN please advice.
Anonymous
18 August 2020 at 18:09
Company office operating from lease premise. Post COVID-19 Company employee’s are working from home. We are not using premise and paying rent for vacant premise
We were having 6 month notice period as per agreement.we have given termination of lease in 1st Jul 20 and asked for waiver of 3 months under current scenario and mentioning force Majeure
In our lease agreement we have “force majeure” to terminate the lease but silent on notice period. Force Majeure include epidemic and act of God
Now as per notice period Lease will be come to end on 31st Dec 20 but we want to terminate it before that enforcing “Force Majeure” clause in agreement
can we terminate lease early before 6 month as still business it affected due to pandemic and plan handling over formality
M SHANMUKH RAO
18 August 2020 at 14:14
My father's name is printed as M M RAO in all my educational certificates while all my other documents carry the name as Madala Madhava Rao will it create problem during document verification of government jobs?
Please give your suggestions
Anonymous
18 August 2020 at 13:45
In case where I am supposed to get my scooty replaced where in the lower forum the OP has already agreed that he will replace the scooty but still the president has dismissed my complaint. In the appeal forum at the state too the OP has agreed in the court hall that he will replace the scooty. Same has been noted in the order sheet. Mediation failed. As I want nothing more than my scooty to be replaced with new scooty. The forum was not functioning due to covid 19 but its been three dates since that it has opened, I am the only person in entire court hall, the moment they see me, the president runs away saying OP not come I cant order. So I gave paper notification for OP to appear. Copy of newspaper given to forum as well. But still the president reluctant to pass orders. What can be done in the case I thought. A application under Rule 12 of CPC to pass exparte order as OP not appearing in the case. But president is reluctant. In this case what to do? Can anybody suggest anything?
Shruti Shruti
18 August 2020 at 12:45
Background:
I did file a complaint on 2016 and FIR was filed as per direction in 156(3) under 420, 406, 506(2). Later the FIR was quashed on HC for A2, A3. And dismissed for A1. The highcourt was ordered without hearing the defacto complainant.
And magistrate closed the FIR in 2018 based on this quash order.
I applied for recal of quash order and judgement allowed for recall.
And I applied for revision petition in 2020 challenging the closure of FIR. And revision allowed directing the magistrate to reopen and run the case.
Query:
My FIR closure report was given by a SHO who is retired now. The closure report says "since no documents provided closing this" like this.
But in my revision challenge, the order has mentioned as "all the relevant documents are attached and yet SHO and Magistrate has not allowed the case" like this.
Because of this improper and biased work of the SHO, my case was reopened after 4 years now. 4 years of loss and delay for me.
I want to apply for compensation on the SHO (retired now) using Writ Petition.
Kindly suggest me if this WP will work out or suggest otherwise.
M N Sridhata
18 August 2020 at 09:12
Dear experts,
Effect of Fraud or Mistake on the period of limitation is defined in this Section. It starts with " 1. Where in the case of any suit or application for which a period of limitation is prescribed by this act....."
Consumer Protection Act 2019 in Section 69(1) defines limitation period for application as Two years from the cause of action. Section 69(2) provides scope for condoning the delay.
Can you please clarify if Section 17 of the Limitation Act 1963 is applicable in the context of application made to the District Commission as per Consumer Protection Act ?
Regards
M N Sridhara
Bangalore
Ketan Shah
18 August 2020 at 06:48
Respected Sirs
I have a commercial tenant who is running a Pathology Laboratory since 1974. However there is NO tenancy agreement as this law came into force from 1999. Also since this tenant has carried out illegal additions alterations in the premises for which a eviction suit has been filed in the small causes court. The status of this suit at present is I am under cross examination by the Tenants lawyer.A MRTP notice was served to tenant by corporation which he challenged in City Civil Court and this was disposed off in my favor Upon this Tenant filed writ petitions and appeals filed in the High court which have all come in my favor.
As it is clear that in Residential property the Tenancy rights are inherited by the legal heirs of the original tenant. But what is the position in Commercial premises. Over and above the Original Tenant is almost 77 years and he has stopped his practice as pathologist. The Lab is presently run by his son and tenants younger brother. Since the filing of the suit the Rent has not been paid. (Almost 10 years ).
Please advice. Thanking you in advance.
Anonymous
18 August 2020 at 02:29
THE DEFENDANT FRAUDULENTLY PARTITIONED PROPERTY AMONG SOME NAMES OF OCCUPANTS WRONGLY LISTED BESIDES THE NAMES OF TRUE CO-OWNERS BY MISREPRESENTING ONE OF THE OCCUPANT WRONGLY RECORDED. THE TRUE CO-OWNERS WERE DECEASED AND NOTICES WERE ADDRESSED TO THE DECEASED THEREFORE NONE APPEARED BEFORE THE DEPUTY COLLECTOR AND THE DEFENDANT GOT EXPART ORDER. LATER THE CAUSE OF ACTION TOOK PLACE WHEN THE DEFENDANT STARTED ILLEGAL CONSTRUCTION IN THE PART PARTITONED BY HIM. I FILED A CIVIL SUIT. NOW THE DEFENDANT PRODUCED AN OLD DEED OF SALE CLAIMING HIS PROPERTY IS THE SUIT PROPERTY. IN THE COURT OF THE DEPUTY COLLECTOR HE CLAIMED TO BE A CO-OWNER AMONG OTHER CO-OWNERS AND EQUALLY PARTITIONED A SHARE INSTEAD OF DEMARCATING THE PROPERTY. BUT BECAUSE THE PROPERTY DOCUMENT IS DEFECTIVE AND COULD BE REJECTED THE DEFENDANT PREFERRED PARTITION. IS THE DEFENDANT NOW ESTOPPED DENYING PARTITION AMONG OTHER CO-OWNERS? IF THIS PLEA WAS NOT MENTIONED IN THE PLAINT CAN IT BE RAISED IN THE ARGUMENT? OR WILL AMENDMENT BE NEEDED. THE CASE IS AT THE STAGE OF CROSS EXAMINATION. I HAVE A RIGHT TO THE PROPERTY AND I AM THE PLAINTIFF. THANKS FOR YOUR ADVICE.
Anonymous
18 August 2020 at 00:01
can any government organisation refuse to give gratuity after 5 year service . saying that we have covered in gratuity rule 1976 and eligible only for gratuity when we retire or when died. No case when we resigned after 5 or more year of service.
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Can anyone explain me the meaning of "& associates".
1. What is the meaning of "& associates" and " & company"?
2. For Example AB & Associates, Practicing Advocates is Individual Proprietorship or Firm?
3. For Example AB & Associates is Firm then it has to be Registered with Bar Council and obtain the title legally?
4. Is it compulsory for practicing Advocates to registered for GST and what will be the GST to be paid on legal services provided?
5. Can a Practicing Advocate allowed to earn income in form of brokerage on providing services of buying and selling of real estate to various clients along with providing legal services?