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Queries Participated

harendrasinh   06 September 2017 at 14:28

226 in h. c. or civil suit

I filed the case Under S -33C (2) Recovery.
I was Dy. G.M. ( P & A), one month salary were due including Bonus, Lta, which is the part of Salary.
Labour Court vadodara has given the Ex-patre Judgement in favour of me,Stating that oponent shouls pay the dues. only once written statement submitted by opponent, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Highcourt under Article 226 and under which Act & section, pl guide
Me.
7. I am Ex- Serviceman and Advocate too, but has no practice as served in Co’s, hence you are requested to guide in fraternity.

Harendrasinh.

harendrasinh   05 September 2017 at 14:16

Under article 226 at ahmd or civil suit at baroda.

I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Highcourt under Article 226 and under which Act & section, pl guide
Me.
7. I am Ex- Serviceman and Advocate too, but has no practice as served in Co’s, hence you are requested to guide in fraternity.
Harendrasinh.

harendrasinh   24 August 2017 at 01:39

Land revenue code u/s - 108 (5)

Respected sir,

The querry is opened still open, posted on 18 April 2017, hence you are requested to advice.

Harendrasinh

harendrasinh   21 April 2017 at 20:56

Salary not paid. dgm : p. & a.

I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Labour Highcourt and under which Act & section, pl guide me.

Harendrasinh.

harendrasinh   21 April 2017 at 20:52

Salary not paid, dgm : p. & a.

I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Highcourt and under which section, pl guide me.

Harendrasinh.

harendrasinh   18 April 2017 at 09:25

Land revenue act sec 108 (5)

I appealed to cancel the registration Entry, before naib Collector Office (SDM).

Matter: The Land was on my step brother name,But as per the family agreement,the disputed land will be under the possession & Administration of my Mother, from its yield
she will maintain the Clothes & Customs of Three Sisters and her Livelihood till she Alive.The Disputed Labd was in possession of my mother, but Step brother sold without informing and taking Consent from my mother as land was under the possession of mother as per family Agreement.
SDM disappove the Application as Opponent submitted the Highcourt Judgement 1996(2) GLR 525and 1996 (3)GPC-691 state that SDM Court has no Authority to decide the owner of the Title land.
The SDM has given the Judgement that since this Court has no Authority, hence for sale you should go to civil court.
But the main Appeal was that, i applied for cancellation of Registration Entry, which is made by E-dhara mamlatdar on the base of Sale deed, but he should have verified the revenue Records.
My querry is that: Is SDM Authorised to cancel the Entry or not, else he has given right Judgement. If i go for Revision before District collector, is collector has the right or Authority to give judgement or refer back to SDM for revision. pl advice.

harendrasinh.

harendrasinh   03 August 2016 at 13:37

Can Police arresr an Advocate on Non_ Cognijable off

I am Advocate, Matter of Cattle Tresspassing in Temple Fence, Which taken care by us. A Adivasi using slang and Threatening Language when rebuked by me. Question is, Can Adivasi taking advantage of using Atrocity Act, Vice_Versa on filling police complaint. Can police arrest an Advocate, is there any Law / section which protect an Advocate.

Harendrasinh

harendrasinh   04 September 2015 at 18:57

Land sold to third person when mother alive

While distribution of land,mother's land separated with son's portion land,one acre each of three sons,it will be in the possession of mother and yeild will be taken by the mother mother till she alive, this but respective survey No's on the name of individual son,mentioned in the heirs pact while distributipn of property.But two sons violated the pact and sold the land when mother is still alive,she is brought to worst condition. I want to help her,which Law is applicable and under which section suit will be filed, pl help me so as to do further action.
From : H�rendrasinh Atodaria.