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Queries Participated

Anonymous   13 November 2010 at 11:02

Revision of Order for Arbitration after elaps of 10 months

Sir,

I am dealing a case, in which the civil court ( Sr. Div) reject the application of Arbitration in the suit for specific performance of contract on the sole ground that the court has no jurisdiction and only a principal civil court has jurisdiction. it is pertinent to state here that it was the court where above suit was filed. that the lower court counsel does not disclosed the fact of status of arbitration application and it was come to the knowledge of defendant when he visited the advocate chamber on occasion of diwali. what is the possibility of the revision or appeal before H.C. even after laps of more than 10 months.

Anonymous   20 October 2010 at 12:15

Limit of coverage of employee under EPF scheme

Sir,
I would like to know that what is the Limit of coverage of any employee under EPF scheme like ESI scheme.


Regards

Dinkar Vidyarthi   10 September 2010 at 10:12

Joint Property

Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks


Regards

Dinkar Vidyarthi   10 September 2010 at 10:02

Joint Property

Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks


Regards

Anonymous   06 September 2010 at 14:40

Applicability of Sub Sec 2 of Section 17, SARFAESI Act

Sir,

I would like to know that as per the latest judgment by S.C. in Mardia Chemicals Ltd. Etc versus UOI & Other in which the provision of sub section 2 of section 17 of Sarfaesi Act is decleared ultra virus of Article 14 Constitution of India. What is its impact?
Whether as a borrower, I have no need to diposite any amount for entertainment of appeal in DRAT


Thanks & Regards

Anonymous   03 September 2010 at 12:08

Representation of company as AR us 305

Sir,

I am working with a company as Asst.Law officer. that my company were prosecuted under drugs and cosmatic act. that the court made our CMD and Company alongwith other three as accused and CMD represented the company as per the complaint. that as far as the CMD is concern we got a stay from H.C on showing some affidavit filed by the complainant in complaint alongwith other papers which was a affidavit file by some responsible designated person before Drugs controlling licensing authority for grant of license with words that he shall be personally liable for any prosecution under drugs and cosmatic act regardig to the drugs for which our company held prima facie laibe for prosecution.
that now my company wants that I represent the company before lower court for the purpose of cross examination and other things.
My query, 1.Is there any possiblity of my personal liablitiy in case I handled that case and involved directly as representative of company under section 305 Cr.P.C ?
2. In case, during the trail, If I left the Job from that company that what is my personal liability before court?

Regards

Dinkar Vidyarthi

Dinkar Vidyarthi   03 September 2010 at 11:43

For recovery suit

Sir,

I want to file a recovery suit for Rs. 68,000/-. but the problem is that after perusal of file, I find out that as per the agreement between the parties duly signed by the parties in the month of August 2007, it is now time barred after time elapsed of three years. not even that a notice for recovery of amount has also been sent by the Ist party for recovery through counsel on 21.05.2009 which was in reply of notice 17.12.2008 by other party.
my query is related to computation of time limit as per the limitation Act. whether I can be in position to file the suit? if Yes from which date I have calculate the time for the purpose of cause of action and limitation law.

thanks

Dinkar Vidyarthi

Dinkar Vidyarthi   22 April 2010 at 10:34

Trademark registration

Sir,

We moved an application for registration of Trademark on 14.08.2007 before the Authority.
that on 16.04.2010 a show cause notice issued by the authority by which they asked for and to get the registration of same on showing evidences because the status of application is showing OBJECTED.
My query is that what is the limitation period to move any objection after advertisement of application for trademark registration?

Regards

Dinkar

Dinkar Vidyarthi   26 March 2010 at 14:37

Change of termination in resignation on request by person

Sir,'

We have terminated one of our employee worked as ZSM on the grounds of misconduct and plying foul games.
Now he contacted us and made a request that his career is going to stop, so please revoke termination and accept his resignation which he will provide us.
my question is:
If we asked to him to send a letter in same language that I am terminated by you, which can be a blemish on my career so please revoke my termination and against it accept my resignation which I send you along with this letter.
then 1) what is the consequences and if we accept his request 2) from which date we show on paper his resignation as accepted such as it can be on back dated or on present dated as per the letter he is sending us.

Dinkar Vidyarthi   20 March 2010 at 09:51

Difference between Lease deed and Rent deed

Sir,
As we know that the basic language of any draft regarding to any property in which right of use upto the fixed time is transferred against some consideration is fall under the head/ Title as DEED(Rent OR Lease)but what is the actual and fine difference between the term RENT DEED and LEASE DEED?