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S.B.adil rahman   29 July 2009 at 13:10

Jurisdiction of Courts

What is meaning of "All disputes subject to the jurisdiction of Delhi High Court"? Who confers this power of jurisdiction determination upon any company having business in Delhi and selling its sub standard products in Kolkata.If a customer or client is aggrived of the product or unfair trade practice whether he should go to Delhi to file cases? What is remedy in such cases?Under which law these jurisdiction of courts are dealt? On how many laws i.e Civil,Criminal,Consumer or I.P this declaration of jurisdiction is applicable? What is the remedy available to a client living in other parts of India?

S.B.adil rahman   29 July 2009 at 13:09

Jurisdiction of Courts

What is meaning of "All disputes subject to the jurisdiction of Delhi High Court"? Who confers this power of jurisdiction determination upon any company having business in Delhi and selling its sub standard products in Kolkata.If a customer or client is aggrived of the product or unfair trade practice whether he should go to Delhi to file cases? What is remedy in such cases?Under which law these jurisdiction of courts are dealt? On how many laws i.e Civil,Criminal,Consumer or I.P this declaration of jurisdiction is applicable? What is the remedy available to a client living in other parts of India?

mintu   29 July 2009 at 13:02

inspection of court records filed before supreme court

Ld. memebers,

I want to know the process to inspect the decided case filed before the Hon'ble Supreme Court.

I have heared that anyone can inspect the decided case file. Kindly tell me where this rule is in written form and can I, having no relation with the matter, can inspect the decided case file.

thankin you,

mintu

S.B.adil rahman   29 July 2009 at 13:02

Education

My client took admission in MSC course of sikkim Manipal University by distance education mode through the Delhi learning center.She appeared in the first year examination and was shocked to find that she had been marked absent in 2 subjects. She contacted the university which charged a certain sum and informed that her project reports in those 2 papers had been sent late by the Delhi learning center as such she was declared as failed.She was asked to appear at 2nd year examination of MSc which she did.On net she found that she had passed the examination with 1st division marks.She has a down loaded copy of the same.When she statred insisting for the 1st year result, she was informed that she will have to reappear at the 2nd year examination as she had failed. When she revisited the site after a couple of days she found that the result has been altered at the web site and she has been declared as failed in the same examination in which she had secured 1st class. I gave a legal notice to the learning center in Delhi. They said that the criteria for securing the pass marks has been changed and parcentage has been increased for passing the examination from 30% to 40%.However nothing of such sort is in the prospectus on the website of the University or through any intimation to the student. my question is that whether the client can approach the local consumer forum against the university since they have already taken 30 thousand rupees on different account.Is any remedy lies in Kolkata High court from where the candidate appeared at the examination, prepared drafts etc and sent to the learning center. the prospectus says that all disputes are subject to the jurisdiction of manipal court Karnatka.The University is a joint venture project of Sikkim Government and Manipal groups and has its H.o in sikkim where my cleinet has applied under RTI Act to see the marks of her papers but to no effect.My client has lost the chances of promotion at her school due to the non acquirement of the Masters degree.Please guide me as to how can I provide relief to my client against the haigh handed activity of Sikkim Manipal University from Kolkata Courts.

Biplab Swain   29 July 2009 at 12:55

About Clause 6(2) of RTI Act2005

Dear All,
Please advise on the following case. The Central RTIC clause 6(2), doesnot mandate to provide any details or proof other than the communication address while seeking information.
However, in Orissa, office demand Identity proof to provide information.

Is there in citation or case which can help me to challenge the same?

Deepak   29 July 2009 at 12:40

Cheque Bounce

Dear All,

I have an problem with my customer. I have delivered some goods to him & recd. cheque against that delivery. But now cheque has bounce & customer is not giving any positive reply.

Can anyone please advise me what step i should take against him. Where can i file complaint for cheque bouncing & is it worthfull or i have to take loss for the same.

Please help

Regards

Deepak Maheshwari
+91 9891006006

CA Ankit Goyal   29 July 2009 at 12:34

Equitable Mortgage of Agricultural Land

Hi everyone,
i require your views on following

Most of our clients offer equitable mortgage of agricultural lands as security for commercial loans
but"
as per section 31 (i) of SARFESI Act the proceedings under the act cannot be initialized on "Agricultural Land".

My query is whether security created on equitable mortgage of agricultural land can be realized by bank under any circumstances? If yes, Which act governs the same and What is the procedure in this regard?

Any specific act applicable on state of Punjab, Harayana & Gujarat will be helpfull.

Thank you

Happy Singh   29 July 2009 at 11:20

LLB 3 yr

if bar council has declared min 45% for admission in LLB 3 yr, than how pvt. collages are taking admissions below 45%

Vishal jain   29 July 2009 at 10:58

filed 24 HMA

Hello,
I am having a matrimonial dispute with my wife for the past 2.5 yrs. She is living with her parents. She has been residing with me for almost 60 days(2 mths) only.
After 9 months of marriage, She has filed several case against me as 498a,406, Domestic violence, Section 3 (Dowry provision act). She also file CrPC 125 on me for the grant of maintenance.
Now, I have filed a divorce petition against her. For which, she has given the application for maintenance under Section 24 HMA, which is as follows the main points are:-
1. That the marriage between the applicant/respondent and petitioner was solemnized on **/**/**** according to Hindu Rites and Ceremonies.
2. That the parents of the applicant/respondent gave more than what was asked/demanded as dowry by the petitioner and other family members.
3. That the petitioner is running his business in the name of M/s.************ at *******(address) and earning more then Rs. 1,00,000/- per month.
4. That the applicant is a housewife and does not earn anything being a domestic lady and is residing along with her parents thus needs at least Rs. 20,000/- to support her.
5. That to grant Rs. 22,000/- as litigation Expenses.

My Reply
For point 3. it is submitted that the non-applicant is doing a private job as salesman and earning 4000/-. It is further submitted that the non-applicant have switched off the business on **/**/**** (before 24HMA filed).


Dont you think that for point no 2 in the petition of 24 HMA, it is clearly accepted to supply of dowry. Whether Section 3 of dowry provision act can be fired on them as they are accepting in writing that they have given dowry.
What should I do now?
What should be my next move ?
What should I do to dismiss the above said 24 HMA peition



Some briefs facts are:-

1.I don't file Income tax return as I don't have this much earnings
2.I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4. can I prove that she is earning from home as she is having a boutique running from her house.
5.Somehow I have managed to get her visiting card of her Boutique.
6.She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
7. Now she is doing LLb 2nd year from CCs University, Meerut
8. Recently I came to know that she is a income tax assessee and file her return also.(but don't know how much)

After going all the points, please suggest me..what should I do.

upendra ghanekar   29 July 2009 at 10:45

Right of doughter on father's/grand father's property.

Grand father of my wife had a acquired residential property. Sfter his demise, the property was transforred to my wife's father. He and his wife died 20 years and 4 years back respectively without making will.
My wife has two elder sisters and one elder brother.
What is her right on this residential property and how should she move ahead for claim.
Please advise.
Upendra.