Ritu Mehrotra
12 June 2009 at 11:25
As per section 28 of the Contract Act, any contract abosolutely restricting the legal rights are void to the extent of that restriction.
However, if both parties to the contract, agreed to resolve the proceedings through Arbitration, can any party go beyond that and may file a legal case on any disputed matter to the Court / High Court.
Further my second question is that,
4-5 companies have executed contracts seperately with GOI. They have also formed an association for their benefit of them and to protect their interest against any deteriment. that association is not the party to the contract.
Can that association file a case against GOI against any dispute if arises i.e. can that association being association of all 4-5 companies be a party to the contract.
If yes, can it file a case in the High Court when the parties agree to resolve the matter through arbitration only.
Dr.Mumbiram
12 June 2009 at 10:43
Artist Mumbiram,an Indian citizen, has been married to Nadine Grenz, a german national, since 2002. Their India-born son Hansraj has a German passport. Their application on behalf of Hansraj for a routine 5-year visa extension had been stalled by the Pune FRO and then by the Alibag FRO for a period of 3 and 1/2 years. Also the Alibag FRO had refused to register Nadine for a period of 1 and ½ years thereby making it impossible for her to apply for a further 5-year visa extension..
Encouraged by advice on this forum of Lawyers Club we filed a writ petition in the Bombay High Court under articles 226 and 14 of the constitution making the Govt. of Maharashtra and the MHA Respondents along with the FROs.. Upon the intervention of the High Court the Respondents processed and granted the requested visa extension to Hansraj, without any new documents from the Petitioners, within 6 weeks. Also the Respondents duly registered Nadine Grenz, accepted and granted her application for further 5-year visa extension, also within weeks. It is now clear that the Respondents had stalled the Petitioners’ legitimate requests arbitrarily and oppressively for an inordinately long period for no fault of the Petitioners. It is mentionworthy that Artist Dr. Mumbiram represented personally the Petitioners in the 3 hearings of the case.
In the WP the Petitioners have listed damages suffered by them by being made defaulters in the eyes of law for no fault of theirs thereby depriving them of their ability to travel freely within India, enrol Hansraj in educational institutes etc. The petitioners had asked for compensation for damages at the rate of 5000 Rs. Per day for every day of delay over a reasonable period of 1 year.
As the (interim) relief has been achieved, the Court inquired whether the Petitioners would like to withdraw the Petition. The Petitioners expressed their desire to request for compensation as a Public Law remedy for violation of their Fundamental Right to equal treatment under law, as distinct from compensation for damages in private law in torts. The petitioners asked for leave to amend the Petition for this purpose. The Court thereupon advised the Petitioner to make a ‘Civil Application’ for that at the next hearing on June 24.
How is this Civil Application made ? Is there a format to be followed ? Do we already need to include supporting arguments and quote precedents of SC cases where ‘in appropriate cases’ such compensation has been awarded ? We need the full quotations for the following citations: (Nilabati Behera v State of Orissa, 1993) 2 SCC p758 para 10
.(M.C.Mehta v Union of India , 1987, 1 SCC p.408 para 7)
Could anyone provide us these citations ? Other citations where such a compensation has been awarded recently ?
Jainodin shaikh
12 June 2009 at 06:13
I am in urgent need of fallowing caselaw of Supreme Court
(2005) 1 SCC 705
ATMARAM PROPERTIES LTD vs. FEDERAL MOTORS LTD
unfortunatly I am not having the SCC so please help me if you have this caselaw; post (plz send it also at: jainodin@gmail.com) in .doc or .pdf format.
Thanks in advance!
Anindita
11 June 2009 at 16:40
Sir/ Ma'am,
What is Sublease and Sublicence? And what are the Indian Laws relating to it?
Vivek Handa
11 June 2009 at 16:03
dear all
assessee filed allhis returns u/s 44ad prior to audit u/s 44ab for the year 2006-07.
opening capital and WIP shown at 12.5 and 8.5 lacs respecitavly
working since 1991 and filling returns regularly since 1999 on notional basis ie @8%
how to justifie opening balances of capital and work in progress
deepak
11 June 2009 at 14:45
Dear Sir,
I left my previous job without giving any notice. my employer says that i have to work with them at least 1 month notice period. He is a lawyer and No agreement or written bitween us at the time of joining. his office is indivisual office and not registered any where. One Problem is also that when i was working with him he had given me his Credit card No. & Password for Train ticket Booking for him and he had also allowed me to book my train Ticket by using his Credit Card. and i booked some train ticket for me but i paid the same from my salary but now he is saying that i used his Credit Card fradly without his permission.
he blackmailing me that he will going to take a legal Action against me.
Kindly Help Me.
MANUBHAI
11 June 2009 at 14:33
ONE OF MY CLIENT CAR WAS STOLEN.I AM BIEFLY NARRATING CAUSE OF THEFT.
DIRVER OF THE CAR GAVE LIFT TO THREE PERSONS AND ON THE WAY DURING NIGHT TIME DRIVER STOP VEHICLE FOR NATURE CALL.KEYS OF THE VEHICLE LEFT IN THE STREEING AS HE WAS STANDING NEARBY VEHICLE FOR URINE INTHE MEANTIME OCCUPANTS IN THE VEHILCE DROVE THE VEHICLE.
INSURANCE CLAIM IS REJECTED DUE TO NEGLIENCE OF DRIVER AS VEHICLE LEFT WITH KEY.
WHAT IS THE LATEST JUDGEMENT OF NATIONALCOMMISSION/SUPREME COURT.
Heaven 2011
11 June 2009 at 14:11
Dear Sir,
In case of amalgamation between two Companies the, if the share capital of the transferre company is increased due to issue of share capital to the share holders of transferror company, is the transferree company required to coply with the provision of the Companies Act seperately or it will be exempted as the compromise or arrangement it self is complete code and hence it will not require to follow any procedure of the Companies Act seperately by the transferree company.Kindly advise.
Regards,
Asish
ayyanna gurikar
11 June 2009 at 14:09
dear experts,
i along with my brother bought an independent house in Raichur(Karnataka) in 2003,while applying housing loan i was not eligible for housing loan, so my brother applied for housing loan and my father is also co-owner of this house.
but from the beginning i was only paying for all the EMI's. Legally my brother and my father is the owner for this house.
now i have discussed with them to transfer the house to my name and i will be continuing the remaining housing loan.
Even both agreed to transfer the house to me.
now my few queries are as follows.
1 Can they (bother/father) GIFT this house to me.(Still loan is not closed )
2 if Gift is not possible what are other ways of transferring the house to me and i should be able to continue the housing loan in my name so that i can enjoy the tax benefit
3 i have one younger bother and elder brother and one younger sister, do i need to make any kind of legal agreement with them also so that i should not facing any legal claim on this property in future.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Agreement restricting Legal rights
As per section 28 of the Contract Act, any contract abosolutely restricting the legal rights are void to the extent of that restriction.
However, if both parties to the contract, agreed to resolve the proceedings through Arbitration, can any party go beyond that and may file a legal case on any disputed matter to the Court / High Court.
Further my second question is that,
4-5 companies have executed contracts seperately with GOI. They have also formed an association for their benefit of them and to protect their interest against any deteriment. that association is not the party to the contract.
Can that association file a case against GOI against any dispute if arises i.e. can that association being association of all 4-5 companies be a party to the contract.
If yes, can it file a case in the High Court when the parties agree to resolve the matter through arbitration only.