Sachin Thakur
13 August 2016 at 13:54
We supplied materials to a big corporate in Hyderabad,They provided third party BG for payment.Now after total materials supplied the third party produced fake Purchase order allegedly issued by them and cited the reason of no supply and got stay on BG(An irrevocable and unconditional) by city civil court.
1)We have submitted reply against this petition proving everything against this cheating.(We have submitted Original P.O of second party,details and receipts of supplies made,details of 5 BGs earlier submitted by buyer which were encashed)
2)we have filed two applications in the form of petition 1)Seeking interim relief from the court by invoking stay.2)Seeking forensic test of document submitted by third party which carries our forged/fabricated signatures.
3)Now the petioner is not filing any rejoinder on one pretext or another by getting dates from the court.
My query is:
There is a clause in BG that irrespective of any suit or case in court bank has to encash the BG on presentation within date of BG-NOW CAN THE COURT PROVIDE A STAY ON THE SAME.
2)WHAT CAN WE DO TO GET THE STAY VACATED IMMEDIATELY AS PARTY IS TAKING DATES AND COURT IS ALSO NOT INVOKING STAY AND WAITING FOR RESPONSE FROM OTHER PARTY.
3)IS THERE SOME PROVISION WITH WHICH WE CAN ATLEAST GET OUR PAYMENT IMMEDIATELY AS BG WAS UNCONDITIONAL.
4)HOW MUCH TIME DOES IT TAKE TO GET A CRIMINAL CASE FILED AGAINST THE CORPORATE WHEN THERE IS NO RESPONSE FROM THE PARTY.
THE GIST IS THAT AFTER ACTUALLY SUPPLYING THE MATERIALS PARTY HAS USED UNFAIR MEANS AND FORGED DOCUMENTS TO GET THE STAY.WHAT STRONGEST ACTION CAN BE TAKEN AGAINST THE PARTY FOR FORGERY AND FRAUD.
IS CIVIL COURT COMPETENT TO AUTHORIZE A CRIMINAL CASE.
AMOUNT OF MONEY INVOLVED IS VERY HUGE FOR US AND IT HAS ALREADY DESTROYED OUR BUSINESS AND CIRCULATION BESIDES MENTAL TRAUMA.
WHAT PROVISIONS ARE THERE FOR SUCH FRAUDS.
THE ESSENCE IS THE TIME TAKEN BY THE COURT THOUGH WE HAVE EVERY DOCUMENT TO PROVE IT.CAN IT BE EXPEDITED.
WARM REGARDS TO ALL ON PANEL
PLEASE ADVISE
SACHIN SINGH THAKUR
K BASKAR
10 June 2016 at 17:37
Sir,
My father died. My mother living to me.My brother was working in commercial tax department as junior assistant. He died in 2005. He was not married. I am a bba graduate. Now i got the job in 2011 and till am working as JA. My service not regularised till now. My department have asked me to submit the legal heir certificate. I apply legal heir certificate to taluk office. But the thasildar told to me your brother not married. So, mother only the legal heir to your brother. You are not eligible for legal heir directly. So, can i get legal heir certificate through the court.
Prashant Parmar
10 June 2016 at 11:48
Dear sir,
I had joined IOCL after applying through proper channel and necessary NOC taken..in year 2009. After implementation of 6th CPC(LTS) ..I found that my Basic is not at par with my old employer BSNL..so I requested IOCL for pay protection.. As I Joined in same post and same nature of duty....but after a long period of 4-5 years of my application... They neither gave reply nor pay protection to me....even I furnished them O.M No. 1213/2009-pay-1 of Dept. Of Personnel & Training .dtd 30/03/2010. So please guide me ..in this case what to do further?? And please also confirm that I will get pay protection or not as per this O.M
nanjo
08 June 2016 at 21:50
If pan data base address change updated then will it automatically change the AO or separately apply for to change ao. Is there any problem if I continue with the same old AO even if I change the address two three times.I heard that now adys CPC Bangalore is scruitinising the e filed returns. So is there any compulsory requirement to change aO due to change in address even after updating the address change in pan database.
ganesh
08 June 2016 at 14:12
Hello sirs,
I joined central government on 5th sep 2014 as MTS through Staff selection commission. I applied for a post of LDC in Ordinance factory on 31.10.2015 after intimating to my employer in writing (since in their notification it was clearly mentioned to intimate the parent organisation and should be in possesion of NOC when required). The result of the written exam for LDC was published on march 2016 which I qualified. I applied for NOC to my dept and they gave me the same. My probation is 1 year only. But I did not get any confirmation order till now .
Can you guide me which resignation I can give? Ordinary or Technical? Can i get my past 22 months service added up in new service?
And how long can i retain my quarters if I switch job technically or ordinarily?
C Mohan
17 May 2016 at 14:41
Sir, My grandfather has gifted a property in my father's name (my father's all brothers had also relinquished their claim in my father's name). Afterwards my father got this property free hold. Eight years back my father was got missing and he has not been traceable as on date. An FIR to this effect was also made immediately after second day of his disappearance. Now a need has been arisen, after completion of eight years, to get transferred this property in one of my father's legal heirs. We are eight family members (my mother + my eight sisters and one son (i.e. myself). All my sisters are in agreement to relinquish their part in my favour, but I just want that the property which has been in my father's name be transferred in both persons name - i.e. my mother and myself. Sir kindly clear confusion over following points : -
(i) What action has to be taken for getting certificate of non existence as eight years had been passed of his disappearance.
(ii) Can eight of us also have to get succession certificate for our father's property etc. and what are the formalities to get the same.
(iii) Can my sisters and my mother relinquish their claim over this property, in my favour; or
(iv) Can my sisters relinquish their claim in my and my mother's name.
(v) I am also in a view that property should be transferred in my and my mother's name.
Kindly advise the best suitable way out.
John Bromeo A J
16 May 2016 at 13:43
Hello Respected Experts !
I am a 76-year old retired Govt servant and my daughter is an unmarried lady living alone in her own property in a gated community. For last 3-4 years she has been suffering harassment from her neighbours on both sides. On one side the neighbour is a powerful widower guy who is making lewd passes on my daughter. On the other side there is a couple who is running religious meetings in their residence with around 40-50 outside people and earning huge money.
In order to protect her privacy from prying eyes/"peeping toms" and for her personal safety, my daughter tried to put a thin polycarbonate sheet 7 feet high partition on the both side fence so that nobody can see into her residence. Last week she received an RPAD letter from the neighbour that a civil suit has been filed and an "interim stay" has been obtained/given by the vacation judge, but no copy of the judgement was sent, except the plaint where it is falsely claimed that my daughter is doing illegal construction.
I would request experts to please advice us on the following clarifications:
1) Since the courts are on summer vacation, can a vacation judge simply issue an "interim stay" without even hearing the defendant even once? Or is the neighbour's letter making such claim is a fake? When we cross-checked with the court records no summons has been sent to my daughter yet and the first hearing date is only in June 4th week.
2) In the absence of such court order and only a civil suit being filed, can my daughter continue with putting up the visual partition (2 inches thick polycarbonate sheet of 7feet height). She is not constructing any wall or brickwork and so no permission is required from the plaaning / govt authorities. Even the residence association has no objection.
3) How can my daughter take a lawful action to put a stop on the neighbour running a religious sect in a residential gated compound and causing great disturbance from unknown outside people who shout and cause noise pollution and also illegally park on my daughter's front lawn/garage/home entrance?
Thanking you all and warm regards !
prakash
14 May 2016 at 17:13
my sister daughter married to a brhiman boy
she belongs to sheduile tribe,husband died recently,she his having one child.
in feature her son will be benifited from govt in ST quote.or not
her mother willing to apply for govt jobs wether she must mention in ST caterigeor or not.kindly advise.
thanks ®ards
b B Raju
11 May 2016 at 14:04
There was a dispute between me and my brother in regard to tres passing. Since he is using my property forcibly for his entry and exit I have filed an injunction suit. for non appearing before the court the suit was decreed ex parte Whie efforts are being made to comply the decree he appeared the court with set aside petion. The same was allowed and court has allowed to give his evidence. At this stage also he failed to appear before the court inspite of granting several adjournments. The court once again passed exparte decree against him. When once again I tried for execution of the decree once again his advocte filed the set aside petion stating some silly ground that due no communication from his junior advocate he not appeared before the court. My brother and his advocte are adopting very delayed tractics to harass me since I am a senior citizen of 65 age and suffering with bad health. Is there any remidy for me.
TQ
RAJU
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