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.
neeraj
17 August 2020 at 22:49
Sir , I am currently working in MP electricity company from 2013 as a junior engineer . I am on regular post here and completed my probation . Now I am selected in UPPSC as a lecturer in electrical engineering dept . Now I want to give technical regignatition and want lien for two years. So if I am not suited in that job so I can return to my parent job.
Sir pls guide me .
Anonymous
17 August 2020 at 18:10
Dear Sir,
I was working as an UGC approved assistant professor at a private engineering college. I had wholeheartedly worked there for five years 11 months even though salary was highly irregular there (sometimes 6-7 months).  I got offer letter from another reputed institution during Diwali 2019 holiday, then I informed my HoD on phone and resigned immediately  on email and  joined the new institute immediately as there was an urgent  requirement and I did not want to miss it.
Pending salary at that time of resignation was of four months (July to Oct 2019). I could not serve any kind of notice period. They refused to accept resignation by mail and asked  me to join immediately stating that I am a good teacher so students relying on me, complete the semester and then they will accept my resignation formally.  I had already joined the new institute.
I have  also given  previous college a written resignation. The remark given by HoD in front me was only "forwarded to principal".  However, later when I met principal to convince ,  I found bigger remark  that my semester  is incomplete and work remaining and all on it.  This remark is not written by HoD but the principal. However  principal is saying its written by your HoD and he can't accept it as its showing my  remaining work. In short, they have neither accepted not rejected my resignation. I met them 4 -5 times and tried to convince them for  releaving letter and due salary but they didn't entertain me at all.
That Principal is threatening me to inform at my new workplace and ask them how they joined me without releaving letter from previous employer and he will also send a letter  to me that I am absconding from work. When I met principal  last time in the last week and requested for may salary, he asked me to submit fresh resignation letter and told that submit it and then they will think and do whenever they want as I am not their priority.
My due towards previous employer are:
1) Three months (August, Sept, Oct 2019 salary)- July 2019 salary was also due but they credited to me in February 2020.
2) Examination remuneration from May 2017(University provides this in advance to college to reimburse to professors, yet its not given)
3) PF
4) Gratuity
Note: Its clearly mentioned in my appointment letter that either  party can terminate the order by three months notice or three months basic salary.
My expectations are cut my three months basic and release my due salary and other amounts as well as releaving letter.
My questions are:
Shall I give  fresh resignation letter as they're demanding?
Can he legally inform my current workplace and take action against me?
Can I take action against him, if he does so?
Can I get the gratuity? They haven't given to a single person who has left so far.
I am also afraid that I will get worse remark in releaving letter. (Though, my tenure was very good there and I have never got any memo or adverse remarks for anything during service.)
Kindly Help.
Monika Jain
17 August 2020 at 15:12
Sir i have started handmade soap business from my home only and i have taken msme registration. Is there any registration or approval is required for that. Is manufacturing license can be taken from home.
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Abbreviated name of father in educational certificates
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