Dhruv Rajvanshi
29 March 2011 at 20:36
Hi Sir/mam,
Please advise. I did a deal with a neighbour of mine below are the details of the Deal,
She was fighting a Divorce case for last 7 years and she came to me for hellp as she ddnt had funds. I agreed to help her with one my friend who is a Advocate she promised Miss Divya Singh (My neighbour) Tha she'll get her a divorce with a year and i paid the layear 20000rs as a initial fees and i asked my neighbour that whaterver i'll be be spending oon you once you get the amount of alemony from teh court i'll be taking 50,000 on top of it which was agreed by her and by her mom this 26/02/2011 she got the elemoney at of 15,00,000 INR and in the mean time i paid the lwyer th sum in tiotal for 1,20,000 and she paid Ms divya singh paid me 1,80,000 in total now today she is coming up to me and asking for all teh money back and harrasing my family my mom and father mentally i am the only earning member in teh family.So, the only question i need to ask is can i file the case of Mental unnecessary harrasmnet and send a chalan to her for the same and i yes what fees will it cost me or if you may contact me asap onmy mobile no: 9560555245 to discuss more that'll be wonderful.
Ajay Pal Jangra
28 March 2011 at 21:59
Sir
Please reply my following queries:-
I applied for RO dealership in bpcl co. Panipat. A certificate of credit worthiness was submitted by me. 5 marks were allotted for this. The format was as under& after filling up the required details I produced it before my bank. The bank issued me this certificate with some changes in this format. .Instead of writing {In case, a dealership is allotted to her, we will be willing to extend a loan of Rs. 2000000.00 (Rupees .Twenty Lacs (in words)}
.The bank changed underlined/ bracketed language and wrote this – Sanction of credit facilities shall be considered on merit of the case as per rules of the bank, on receipt of loan application.
I submitted this to the company but the company has not evaluated the same saying that no amount mentioned in the certificate hence not evaluated and zero mark awarded for this during selection procedure.
The condition for this certificate in brochure of the bpcl co. advertisement is as follows-
Credit worthiness
5 marks. Letter ensuring credit: Bank / Financial Institution / individuals / party's letter ensuring credit / Credit worthiness certificate from scheduled Bank / Financial institutions. However, in case of Rural ROs, such certificate issued by any bank can also be
Considered. Credit worthiness certificate (Appendix-A2) from scheduled bank/ financial institutions and / or expressing willingness to extend loan if required
1.If the decision of the selection committee not to evaluate the certificate submitted by me is as per law .
2. If certificate submitted by me does not fulfill the condition of the company.
3. If this certificate is not expressing the willingness of the bank to extend loan if required.
4.If selection committee should evaluate it proportionately by awarding lesser marks instead of full marks or zero mark.
5. If the selection committee does not evaluate it even after my representation, what action should I take and before which authority or court.
6. If any sort of action in consumer court or other court can be initiated against the bank for not providing required service as the bank has charged Rs.600 from me as fee for issuing this certificate.
Original format - APPENDIX- A2
Credit worthiness certificate from the Bankers, from Scheduled bank/Financial institutions be obtained in their letter head in the following format and enclosed with the application
To whomsoever it may concern
Smt. Rani Bala W/o Sh. Ajay Pal is a customer of this bank for last 15 years and she , is enjoying the following facilities of our bank :
a. Saving Bank Account No. 1946000100062018
b. Bank Locker No. S-48/2
c. F.D. No. 194600PQ00000061
During the above period, the dealing of Smt. Rani Bala with the bank and her conduct has been satisfactory. In case, a dealership is allotted to her, we will be willing to extend a loan of Rs. 2000000.00 (Rupees .Twenty Lacs (in words).
Signature Name and Designation : Office Seal : Date
kapil dehuliya
27 March 2011 at 20:17
under 178,civil court can stop tehsildaar to stop partion in matter of "svatv".but that time period is for 3 month.
in my case civil court had not passed any order against tehsildaar to stop partion of agriculturer land as in opponents 39/1/2 application the opponent has not made tehsildaar direct party. now three month have passed, i requsested tehsidaar for partion ,tehsildaar continued the procees, now opponent had given one more application of39/1/2. now my question is that can civil court can stop tehsildaar to stop partion process ,as three month have passed.
In previous 39/1/2 order both parties were stopped to divide land,and tehsildaar was not made party.both the party didnt appealed for that order for six month. its a matter of property division of ancestrol property between a son and daughter.
Jitendra Shekhar Dutta
23 March 2011 at 23:31
SIR,
I AM AN ASI(MINISTERIAL) IN CRPF SINCE 2001.
CCS (LTC) RULE IS RUNNING IN MY DEPTT WHICH IS USUALLY USED BY OTHER CENTRAL GOVT DEPTT.
I HAVE BEEN SANCTIONED 4 YEAR LTC FOR 2006-09(EXTENTION 2010) DURING 2010 DECEMBER. BUT MY COMMANDANT HAS BEEN CANCELLED MY LEAVE WITHOUT ANY REASON SO I COULD NOT AVAILED LTC FOR MY WIFE, FATHER AND MOTHER.
I REQUEST YOU TO CLARIFY THAT IS ANY RULE SO THAT I COULD CLAIM FOR LTC COMPENSAITON WORTH RS. 14,000/-
THERE IS NO RULE OF AVAILING LTC AFTER 2010 (FOR 2006-09 PERIOD)
I AM WAITING YOUR REPLY WITH THANKS
YOURS..
Vijayalakshmi K
19 March 2011 at 22:15
"X" and "Y" are Husband & wife respectively and both are earning totally 2.5 (approx) lakhs per month. Married in Jun 1990, and living very happily. But the curse of fate tested their patience for 2 decades for not having a single child. "Y" decided to have a child (to continue their generation) by any sort of womb technology like ART
( Artificial Reproductive technology).
On one day "Y" met her school friend "Z" when she went for shopping. "Y" felt very happy and invited her friend "Z" to visit their home. Later "Z" visited "Y" house (15-08-2009) on repeated requests of "Y". Both recollected their school days and sweet memories, but "Y" felt very sad on the tragic events of "Z" like "discontinue of studies", "married to an undisciplined & Reckless husband", "death of her husband in an accident", "struggle to live with one daughter" etc.,
Later "Z" started to visit "Y" house frequently. This emboldened "Y" to request "Z" to bear a child for her through Artificial Insemination and she assured that she would take care of the interest of "Z"'s daughter in respect of her education and marriage and also promised to deposit Rs.5,00,000/- in name of "Z" and her daughter.
"Y" prevailed upon "Z" to concede to her request and deposited Rs.5,00,000/- in Andhra Bank, Hyderabad on 15-11-2009
On 1-12-2009, "X", "Y" and "Z" went to "WWW Fertility Center", Hyderabad and requested Doctor "M" to help them in their mission. Dr. "M" asked them to come on 6-12-2009. On that day DR."M" had taken the SPERM of "X" and introduced the Fructified Zygote in the womb of "Z" successfully. Both "X" & "Y" have been showering good deal of love and affection upon "Z" and her daughter, and all are in good spirits and happiness.
On 10-09-2010, "Z" gave birth to a male child on this "X" & "Y" are in ecstasy. After discharge from the hospital, "Z" refused to stay in the home of "X" & "Y" and she left for her home.
"X" & "Y" could not resist their longing for the child and used to visit "Z" daily. After 3 months "X" and "Y" requested the "Z" to give the child to them as per their understanding & agreement, but "Z" refused to oblige them.
"X" & "Y" are disappointed and forced to approach the District & Sessions Judge, RangaReddy District seeking for the custody of the child.
As a defendant Lawyer (on “Z” side) My Question’s are:
1.Rights of Surrogate Mother (my Client) on this child. So what will be the case if she will refused to give child to the Plaintiffs
2.Value of Case is more than 5,00,000 including Deposit, ART Hospital & Medical expenses and living expense of my client and daughter. So this suite is valid to approach District & Sessions Judge court?
and also require some valuable points to fight Defendent ("Z") side
Rajeev1978
14 March 2011 at 09:35
Dear All,
I came across a rather peculiar query a few days back
One of my friends is happily married with a lovely daughter.They tied the knot in 2008, and were blessed by a baby daughter in 2009. Seems quite a case of blissfully married couplebut the,truth is that his wife has gone into depression because she had to forsake her seat in one of the premier fashion designing institutes in the country due to her unexpected pregnancy.
My friend said that they had taken adequate precaution to prevent such a thing from occuring , but the inevitable happened. The inlaws were strictly against going for a termination of pregnancy , hence all her dreams and ambitions were shattered.
I advised him that he cannot claim damages because , it is a fact that even pahrmaceutical companies dodnot claim 100% protection in case of their products. But , he came up with a valid point that , what is the percentage of population in india who are aware of this??? There may be a small disclaimer in illegible wrirting to support their claim, but when we are dealing with such a serious issue like the risk of faliure of contraceptive may result in undesirable pregnancy, shaterred dreams and aspirations or worse still getting infected by HIV or STD’s .Why cant we have something like a WARNING like ‘USE AT YOUR OWN RISK’ as in the case of TOBBACCO related products.
All members are coordially invited to give their expert comment on this isue
Regards,
Rajeev.
G.Nagarajeshwar Rao
09 March 2011 at 22:20
My friend filed a civil suit for partition of house/s property of Muslims. Father died, suit filed by male person [sole son] of the deceased father. The property is his father's property. His mother and sisters as well as tenants were made as parties to the suit. The suit filed in the year 2002. The suit decreed in exparte in the year 2009 and preliminary decree is passed. The first defendant i.e. mother of the plaintiff died in the year 2004. But my friend did not informed to the court, though all the legal heirs of deceased mother are on record. Now the suit is decreed against the dead person. Can he file the final decree ask the shares at present entitlement of the parties? or whether the suit is required to reopen for amendment of the preliminary decree by incorporating the information of the death of first defendant i.e. mother of plaintiff?
barun deka
09 March 2011 at 19:11
Dear friends,
there was a second appeal which was disposed off long back..... later on some dispute arose regarding the reliefs and ultimately the supreme court directed us (appellants) to file a petition under Section 152, cpc for amendment of judgment & decree so as to specify the exact reliefs.
now, during the pendency of the petition under S 152 of cpc, two petitioners/appellants died. Now do we need substitution???
Because under order 22 Rule 6, there can be no abatement between the time of final hearing and final judgment.
Now in a petition under S152 neither side can re-argue the matter on merit, therefore final hearing has already concluded and after disposal of the said petition a fresh/modified judgment would be passed. therefore would it not fall under the purview of Order 22 Rule 6?
So if there is no abatement, do we need substitution????
i have done a lot of research but could not find a concrete/definite answer.
SANJEEV SRIVASTAVA
09 March 2011 at 11:58
Dear Sir
Kindly answer in an registred partnership, partners dissolve the partnership deed through notary only with understanding that One Partner (Mr. A)will pay 50 lakh to other Partner Mr. B in two months. Thereafter Mr. A declines to give the payment to Mr. B. No other information or paper has submitted by Mr. B to any one. Now My questions are:
1.Whether Registration of Dissolution deed is mandatory?
2.Whether it would be readable as evidence in court, if Mr. B FILES A SUIT FOR RECOVERY?
3. What are the remedies available to Mr. B?
4. Mr. B does not have more money to pay court fee?
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punjab and haryana rent act eviction of tenant
Sir/ Ma'am
Pertaining to Punjab and Haryana.
I am landlord and filed eviction petition against my tenant in a shop in 2001.
The tenant filed an application under order 1 rule 10 for impleading other co-owners.
The rent agreement is between the tenant and me only.
He has been giving me rent since 1989 and from 2001 in court.
The application of 1 10 was dismissed by the rent controller in year 2009 and no appeal or revision was filed by the tenant against this order so this has become final.
Grounds of eviction were
1. Material Impairment of the value of building as the tenant has encroached front 5 feet teh bazari land and raised wall and affixed shutter thus encroaching about 150 sq feet of govt. land. And installing shutter 5 feet ahead of the actual property has stopped the light air to enter the demised premises.
2. Tenant having sufficient accommodation. Te tenant purchased a 4-5 times bigger shop with right of roof in year 1995 that is 6 years after obtaining tenancy of the shop from us. WE have proved this from sale deed, registrar, municipal committee etc and he has also admitted having the shop. In the response to this ground he said he had taken this shop as a godown. He has another godown as per his sales tax vat records on rent. The property purchased by him clearly mentioned as shop in the sale deed in favor of the tenant. In Haryana rent act this ground is available for only residential properties. But we have taken ground that vide order of honorable supreme court of India the Residential and commercial properties has come at par.
The rent controlled allowed our petition and tenant has appealed in the sessions.
In sessions the tenant says that
1. In the rent agreement we had allowed him to do minor changed and affix shutter. But the fact is we allowed him to put the shutter on the demised premises and not after encroaching the 5 feet municipal land on a nallah.
2. In support of our ground number two we put a citation. In which the rent controller had turned down but the high appellate and high court had allowed on the ground that the tenant has acquired sufficient accommodation and thus ordered ev iction. The tenant argued that since the these powers of ordering eviction are excersised by the High court. The rent controller could not have used the same powers.
Please advise about your views on this case.