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anju jain   11 April 2009 at 10:26

138 b negotiable instruments act

Dear all,
what would be the outcome of the cases about to conclude trial after Harman Electronics (P) ltd Vs. National panasonic India ltd. as it is having retrospective effect.

A.Mohamed Thaheer   11 April 2009 at 09:28

CENTRAL CIVIL SERVICE (Pension) Rules, 1972

What is the legal implication of Rule 9 (6)(b) in the case of retired pensioner?

Case in Brief:

A govt. servant had no judicial proceeding pending on the date of retirement. But, there was only F.I.R. pending on the date of retirement and that too filed just 48 hours before retirement i.e. on 28-09-2004 for the alleged offence reportedly took place between 31-03-2001 12-04-2001.

All his retiral benefits withheld till date.

In such circumstances, what is the legal implication of the above shown rule?
Whether the high court has got power to supercede the rule to give his own reasoning and judgment. Is it not the violation of the constitution for having the rules framed under article 309 of the constitution?
Whether one high court can supercede the judgment of another high court in the same and similar situation and also to supreme court judgment.

Please,explain one by one indetail

Member (Account Deleted)   11 April 2009 at 08:57

Company not returning FD amount

Sir/Madam,
My unlce has invested in Snowcem Ltd company sum of Rs.20000 for FD scheme.Which was to be matured in year 2003.And company at the time of granting FD agreed in written to pay amount back at the date of maturity long with the interest rate pre decided.

But on date of maturity company only paid him the sum of Interest eligible at that time.And company did not paid him back their origional sum of Rs.20000 yet.

We are talking to companies from many years but company only respod us by saying that they are ready to pay back the FD deposit by giving only Rs.10000 and with condition that we are agreed to forgo our right on remaining Rs.10000.

The company has cheated to many other persons by the same.What should be done by my unlce?And how they can approach to the same case?

Thanks

fowmina c   11 April 2009 at 02:05

WAR CRIME

WITH REFERENCE TO WAR CRIMES ANALYZE THE OBLIGATIONS OF PARTIES TO AN ARMED CONFLICTS TO DISTINGUISH BETWEEN CIVILIAN AND MILITARY TARGETS WHEN THE COMBATANTS OF INE SIDE INITATES MILITARY ACTIONS FROM WITH CIVILIAN AREAS ..?
EXAMPLE = SRINLANKA 2008-2009

vinod bansal   10 April 2009 at 22:46

Discrepancies/contradictions

Dear All
Kindly provide me any citation for aquittal of the accused on the law point of material contradictions in statement of witnesses.Thanks

vinod bansal   10 April 2009 at 22:44

Recovered articles not converted in sealed parcels

R/All Members
I m representing accused persons in a case us 398 IPC in which knives/weapon were allegedly recovered by police from accused persons but these were not converted in sealed parcels by the police/I.O. this fact is also admitted by I.O. in his cross,plz avail me some citations on this law point its urgent Thanks in advance..

Somnath mukherjee   10 April 2009 at 21:54

Adverse possession

In a suit praying a) for declaration that the plaintiff is the owner of the property by law of adverse b)for declaration that a deed of sale exeuted by defdt 2and3 over the suit property as void. Plaintiff filed a suit. Defdt under O9R11 says that the plaint be rejected since ad velorem court fee is not paid in canvassing prayer b). Whether the prayer of the defdt is maintainable as because in a suit for declaration only fixed court fees is payable.Please give some relevent case laws.

rupareliya   10 April 2009 at 20:43

femaly member of insurer

my cleint is the son of insurer.after accident he was not able to work so i have fild case under workman compentation act but labour judge said my client is not entitle to get compantation because he is the family member of the insurer i want any case law about it

sajed   10 April 2009 at 17:18

Quashing of F.I.R

one of My client got bail under section of 498(A).other 5 accused absconding . can i file petition before Andhra High court for quashing of F.I.R.? Or i have to file petition after getting regular bail of 5 absconding accused . what i have to do ? do it before arrest or after arrest?

Kishor Satwick   10 April 2009 at 15:43

Validity of stamp paper beyond 6 months

The Bank had used stamp paper dated 28/10/1998 for fabrication of letter of guarantee dated 22/09/2000. In fact the cost of Rs.20/- of the said stamp paper was debited to the account of the principal borrower on 14/01/1999 when the facility was sanctioned.I need the clarification on the following lines.

1. What is the validity of such stale stamp paper (franking done)?

2. Is this illegality or irregularity?

3. If this is illegality, can it be admitted as evidence in the court of law by the Bank particularly in view of the specifc bar u/s. 34 of the Bombay Stamp Act, 1958?

4. If this is irregularity, how and at what point of time can it be rectified?

5. Can it be rectified after the said document is filed in the Court as evidence?

An early response would be highly appreciated.