Adv. Deepak
12 October 2009 at 21:40
Respected Members,
Wife has filed DVA case. In that she filed interim application for custody of children during Diwali vacation. Husband earlier filed Divorce petition for cruelty coupled with adultery. That was dismissed for default. Restoration application is preferred by husband and wife appeared in that and filed her say. Can criminal court give custody of children to wife in DVA case. If husband not willing to give custody of children to wife during Diwali, how can it be defended. Request for your valuable advice. Regards.
jayanta kalita
12 October 2009 at 21:05
Please help me to get the following problems solved.... (1)Whether an accused person charged with u/s 138 NI Act is to prove his innonce by adducing evidence beyond reasonable doubt or by preponderance of evidence which principle is applicable in criminal cases? Please refer Supreme Court Judgement. (2)Suppose if a vehicle is purchased under higher purchase agreement that vehicle can not be transfered till repayement of loan amount, but by executing an agreement the vehicle is given to other person for use. Now if an offence is committed in connection with this vehicle the person who has taken the vehicle in his possession by executing the agreement is also liable as per clause inserted in the agreement( They inserted such a clause). While the said agreement has no legal value under civil law, it bears value in criminal law. Because in criminal law FACTS CAN NOT BE DENIED. M I correct? If correct is there any Supreme Court judgement that FACTS CAN NOT BE DENIED in criminal case?
srinivas venkat
12 October 2009 at 20:48
KInldy let me know is their any case laws in respect of dispencing of respondnet in the Domestic violence case.
thanking you
Jibanananda Goswami
12 October 2009 at 20:15
A letter from Justice League of India is published in the website given bellow.
http://sites.google.com/site/justiceleagueofindia/home
As a member of the league, I wrote it to the Election Commission of India.
I want your opinion about the demand I placed.
Thanks in advance
skg
12 October 2009 at 20:06
Dear legal experts,
Please solve my following queries :
1)what is the maximum time limit which a presiding officer of a labour court can give a party having received a claim from other party for filing his written statement?
2)Can an opposite party file an application of objection against the decision of presiding judge who is giving dates after date on repeated requests of other party on each hearing to file his ws and in this way six months have passed now from first hearing date?
3)Please provide the exact procedures which are followed by labour courts in illegal termination cases/recovery of accumulated dues and the maximum duration defined in law for speedy trials in these termination cases so that the workman who is already in hardship get justice quickly without waiting for long lengthy trial periods of 6 to 8 years?
4)Is there a way in our judicial system where workman cases in labour court can be decided in 1 to 2 years only?
5)If a lawyer fighting a workman's labour case never reached in any hearing from the start of his case and each of the 5 hearing were only attended by the workman, can the workman change this lawyer and ask for the refund of payment he has given to this lawyer?What procedure he has to follow to do so? Whether he can launch a complaint against this lawyer by citing the example that this lawyer never attended a single hearing?
6)Can a workman fight his labour case without hiring a lawyer?
rgds
skg
Ram Kumar
12 October 2009 at 20:01
Hi,
PF office sent me letter on my mailing address as we are going to deposite you PF amount into your citi Bank account.
That letter sent on 16th Sep(Nearly one moth back).On this letter my account no was wrong.
I belived that cheque went back to PF office.
Could you please suggest me now what to do ?
Thanks
Ram Kumar
CA SKSONI
12 October 2009 at 19:51
What precautions should be taken while drafting a lease deed of 30 years with renewal conditions by a Doctor to a Pvt. Ltd. Co. newly farmed for construction and running a his own hospital with other two partners/ stakeholders.
skg
12 October 2009 at 19:40
Thanks to Mr. Makkad opinion but I am waiting for more opinions from other experts also.
It seems that on Merger and acquisition there are limited case laws so far as benefits to employees of transferor company are considered.
More over it appears that Mergers are made only for the benefits of Management of transferee company and its employee that is why only one line clause like "terms
and condition of services applicable to employees of transferor company as on merger date will not be anyway less favorable to them then those applicable to them
immediately before the merger date" are written in such merger schemes for employees of transferor company.
In my opinion this clause should be precisely elaborated and defined in such schemes so that the employees who are not interested or feels that they will not be
prosperous in future due to this merger should opt for retenchment compensation from transferor company and search for new job instead of joining the transferee
company.But instead they were made to believe thru false propagandas by management of both companies that they will gain and be prosperous in future from this
merger.
Now it is clear that using this clause only the transferee company and its employee keep on enjoying benefits declared even after the merger date including statutory
benefits like bonus which is not covered in salary definition but arise from the profitability of the company.In this way I think that Government machinery and High
courts sanctioning such schemes are only benefitting management and employees of transfree company and not the employees of transferor company who thus start
feeling that they are still part of the sick company and the letter they received after merger saying that "We look forward to mutually strong and prosperous association
in future" will make them only stagnant and not prosperous as monetary gain to them have been denied.
One thing that I forget to ask in my earlier query was :
The board of directors of both comapnies in their respective meetings on same "x" date (which later on also declared as merger date in the proceedings of merger
scheme) gave their "in principle approval of proposed merger" and after 20 days from x date the transfree company management knowing that they are gaining several
crores, announced an incentive scheme for its employee.
Now my question is that whether employees of transferor company who became employee of transferee company with effect from "x" date as per letter issued to
them (after six month stating that they are now employees of transferee company wef x date) are eligible for this incentive or not, keeping in front the merger date "x"
and the the declared incentive date as "x+20 days".
rgds
skg
Jehangir A Kamal
12 October 2009 at 19:26
Hi
was looking for complete detail of new model bye laws for CHS
what % of extra charges can the society impose on the owner of a shop given on leave & licence .
Thankyou
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matrimonial dispute
it is further releated to my previous query, thanks to all who answered my query, let me ask further that in 406 and 498a which is pending at dist court and the next date is in feb in which she has to produce evidence.and her alligation are as usual and as serious as it could be.some of my friends suggested that try to resolve outside, she might be in search of money.but let me clerify we have done that but she every time says that she wants to live with him. but my friend is not willing to live with him. also about our divorce petition that we just admitted at high court on the basis of crulity itself. but we are not seeing any favourable decision in near future. kindly suggest something.