Ch. Sujatha
16 October 2008 at 21:52
Respected Seniors,
In a suit basing on the promissory note after service of summons the defendant filed Vakalat through his Counsel and filed his written statement. Later in the trial stage the PW-1 filed his cheif affidavit, but the Defendant not prefered to cross examine him. After 4 adjournments Court has closed the evidence of the plaintiff. In all the 4 adjournments the PW-1 present. Later defendant not adduced any evidence on his behalf. Finally Court closed the evidence of the Defendant and also posted for judgement. Subsequently suit was decreed in favour of the Plaintiff. In the said decree and judgement the Court not used to the word " Set Ex parte".
Within 30 days from the date of the decree the Defendant filed a petition Under Order 9 Rule 13 of C.P.C. to set aside the said decree and the said petition was posted for Counter.
In the above circumstances the said petition is maintainable or not. Please advice me to file a counter to the said petition. Please refer citations if any in this aspect.
Thanking You Sir.
Ch. Sujatha
16 October 2008 at 21:29
REspected Seniors,
In one case Mr. 'A' lent an amount to the Mr. 'B' basing on the promissory note on 30-09-2005. But Mr. 'B' not yet paid the said debt.
Recently on 10-10-2008 (I.e. After expiring the time for 3years and 10 days from the date of execution of promissory note )Mr. 'B' addressed a letter to Mr. 'A' therein he acknowledged his time barred debt.
In the above circumstances Mr. 'A' can recover the said promissory note with the aid of the said letter. If yes what is the procedure.
Thankning You Sir.
Subrahmanyam
16 October 2008 at 20:56
Can i kindly know if its possible to takeover an existing CA firm. If so I am looking for the same at Hyderabad. Kindly can anyone provide me any info in this regard.
.
16 October 2008 at 20:34
In Tamilnadu many people do not have surname, unlike other states. Instead the son/dauther carries the first letter of father's name as 'initial'.
For example if father's name is Sundaram and son's name is Natarajan, The son will describe his name as S.Natarajan.If Natarajan has a son by name Govind, he will describe his name as N.Govind.
So far no problem. But many forms of Govt and banking agencies etc, either ask for surname or ask the initials to be expanded.
Where surname is asked for, the Tamilnadu people treat initial as surname. So Natarajan will suffix his father's name to his own name and describe himself as Natarajan Sundaram. This is simillar to Ashok Gupta, whose first name is Ashok and Surname name is Gupta.
Where the form asks for expansion of initials, Natarajan is described as Sundaram Natarajan and his Son's name is described as Natarajan Govind.
Thus in one document,the same person is described as NATARAJAN SUNDARAM and in another document he is described as SUNDARAM NATARAJAN.
In one particular instance,the Income Tax department, truncated the name because they are very long in their computer format. The result was that in the Pan Card of grand son (Govind in our example) carried the Grand father's name ( Sundaram in our example). The assessee concerned, living in North India had a particularly difficult time in getting his PAN Card fixed.
Now his employer switched over to a new computer system, which, addresses the grand son with the faither's name.It is like calling Govind in our example as "Dear Mr Natarajan", because N.Govind is expanded to Mr Natarajan Govind.
Now my questionis: (1) what is the legally correct way of stating one's name for Tamilnadu people shwon in the example.
(2)How to deal with the non-uniform way of treating the names by different organisations so that legal complications may be avoided in Future.
Ranjit Asati
16 October 2008 at 19:11
I has a house in which my grandson lives with his family.Now I am in my 80th year of age.So I want to transfer the house to his name.I have 3 sons more.But they are not worthy and not keeping relations with me.My grandson and I am not able to pay the stamp duty for it.Please tell some legal way to do so.
Thanks.
bharani
16 October 2008 at 18:04
We are textile company we are having majority of women workers due to tight schedule we are engaging women workers after 7 P.M Is this Legal?
What happened to Sec.66 (1) (B) of The Factories Act 1948.
Whether we employ women workers after 7 P.M
We are running one shift only the timings are 9.30 A.M TO 6.30P.M
kirankumar
16 October 2008 at 15:33
My wife Put a False Case on me 498A section 34 and DP (3&4) she included all my family members and my brother’s wife also.
I was send to jail for 5 days and after that i got the bail. My father got the bail on the same day.
She was State Govt Employee.
After the 498A she filed the DV case also.
I applied for quash on DV in High Court it was in process.
She was saying her mother had given dowry of 5 LK to me and for byke 50K.
My marriage was Love cum arranged marriage i did not taken any dowry.
In the DV case the court had send us for the counseling there she said that this was an arranged marriage not love marriage.
we both were Classmates from 8th class in 10th class she proposed me that was continued.
She got her father job in 2000 he committed subside in Dec 1999.
But as per the Death certificate it was a heart attack
So now i need your guidance
Gur Prasad
16 October 2008 at 15:10
I think no rule can be implemented or enforced from a retrospective effect to the dis-advantage of an employee or worker. If so kind provide the case laws, citations and decisions/rulings of various High Courts & Supreme Court.
Rajkiransingh
16 October 2008 at 14:38
Dear Lawyers,
Could u please provide me leading Judgement of the cases under IPC 306.
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