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mani vel   29 October 2022 at 14:19

Mcop case - ex- party closure - amount of compensation

Dear Sir/Madam,

Since 2018, I have pending MCOP case in Taluk court with Subordinate Judge in TamilNadu. My dad met with accident in Nov 2017 and case filed in 2018. There is no representation from Insurance company side and so , every time the case will postponed to succeeding month for next hearing and remarked as "Ex-Parte Evidence" , It continued for 3 years as "Ex-Parte" and we stressed our lawyer to request the court to close it as Ex-Parte. But our lawyers shows Interest to go for One time settlement with the IFFCO Tokyo Insurance company. Since, the Insurance Company was ready to pay only Rs.2,50,000/- we didn't accept their proposal. After a long struggle with our lawyers , they submitted Ex-parte Evidence and now the status of the case shows as "ORDER" and next hearing ( ex parte order date ) will be 31/10/2022. My queries are :
1. We have demanded 50 Lakhs as compensation in the Affidavit with court. Since the court is about to pronounce its order as Ex_Parte closure on 31 Oct 2022, can I get the order for 50 lakhs or reduced amount ?
2. If once, the case has been closed for Ex-Parte, for sure Insurance Company will request the court and the court will re-open the case? AM I need to do anything from my part to expedite the case during the time of re-opening ?
3. My dad age is 68 as on Nov 2017 and he is not an income tax assessee, Agricultural Income is only source of Income. What would be the minimum and maximum compensation I can expect normally for MCOP ?
4. Do we have any recent case laws with higher amount awarded for MCOP Case ? can I refer the same for my MCOP during appeal If I am not satisfied with Taluk court final Judgement?
5.I have spent around 1 Lakhs for hospital medical treatment during the admission. Can I claim it separately from Insurance company as addition to Compensation ? or will it be included in the threshold of MCOP compensation limit ?

Thanks id Advance for your reply

Anonymous   29 October 2022 at 13:01

Family arrangement

We have a memorandum of recording of family arrangement-cum-compromise which contains the declaration of heirship, and specify the rights of each heir in ancestor property in future when parents cease to exist. This family arrangement is being prepared, signed and notarized in Maharashtra but the properties mentioned are in Bihar. Request kind guidance from experts if that is ok, and whether any particular issue needs to be taken care in order to ensure validity of this document. Thank you.

Anonymous   29 October 2022 at 03:16

Termination of service during probation period

Please provide the answer of following questions::

1. Can appointing authority terminate the service of gov employee who is in probation period but having Lien facility of 2 years from parent department. Gov join new department after giving technical resignation in parent department.
He was terminated just before 10 days of completion of probation period, without any reason.

2. Employee is filing appeal against termination and till the disposal of appeal the lien would be maintained in the parent department.

3. Employee has to submit request by mentioning the termination order and filing appeal in this matter to the parent department to increase the lien period.

4. Or employee can go back to parent department after termination of service before the date of lien period completion.

5. Does the current department will process the repatriation application of the terminated employee.

Suraj Kumar   28 October 2022 at 23:29

Threatening after 144(2) crpc

My opposite party is disturbing & threatening me at the premises wherein I reside. I was force to file 144 (2) crpc. In spite of that agents of my opposite party send group of criminals with revolver with all of them.
I have informed IO & lodges a dairy at local PS. Nobody of the area have courage to wittnest against such criminals. Hence, when police came to inquire about said antisocial activity, only my family members stated true fact of alleged threatening with arms.

Can I pray for police protection ?
Any other remedy -if available, please suggest.


Anonymous   28 October 2022 at 21:21

Can oci residing in india borrow rs from resident indian

The Reserve Bank of India's guidelines in this regard are a bit confusing and have changed over the years. I need a definite answer if such a transaction is allowed or if RBI permission is required.
I am willing to pay for a detail answer with specific authority cited. There is no litigation or anything of that kind so I am not looking for any judgment but rather some authoritative explanation from the RBI. The following links provide conflicting information. The facts in my case are that both the OCI and the Indian citizen are residing in India which is not covered in the links below:

http://www.legalservicesindia.com/article/2562/Borrowing-And-Lending-Money-By-Residents-of-India-To-NRI.html
https://rbi.org.in/Scripts/BS_FemaNotifications.aspx?Id=11441
https://www.rbi.org.in/Scripts/BS_ViewMasDirections.aspx?id=10191#C13

Anonymous   28 October 2022 at 19:47

Old 6 year dues

Dear sirs

Need to know the time limit till when a vendor can claim their old invoice. eg. 6-7 years old.

Naresh Malhotra   28 October 2022 at 17:43

Not signing in front of witnesses

Sir, I bought a plot jointly with my brother. There were mistakes in the sale deed for which we executed a rectification deed. The seller told me that I would have to prepare the draft . I got the draft typed one day before the date of execution. It was not sure which witnesses would come. On the day of execution the witnesses were finalized in the morning. But there was no space on the last page to type the details of the witnesses so the typist added another page and typed the details of the witnesses on that page. This page now became the last page. Nothing else was written on this last page, only names and addresses of the witnesses and their color photographs. The stamp duty was already paid by an estamp. The seller arrived late and sat in a room. The advocate getting the deed executed took the signatures and thumbs of me and my brother on the stamp papers and also the signatures of the witnesses. When I asked him to call the seller he told he would get it signed by the seller. The documents were then taken away and we waited for sometime and then called to appear for webcam and electronic finger print capture. The seller appeared for electronic finger print capture with us. I don't know when he signed the document. Next day when I got the document I found he had not signed on the last page containing only the details of the witnesses. When I contacted him he said since nothing was written on the page about him or anything else, only details of the witnesses was written, there was no need to sign. I called him many times but he did not come. Now the last page contains only the names and addresses of the witnesses, their color photographs and signatures and the signatures of the second party (me and my brother). The signatures of first party, the seller is missing. More than two months have passed and the deed has now been registered so nothing can be done. Is this deed ok. Would I have any legal problems later on. I might have problems selling the plot due to this so the seller may have given me financial loss on my property. Should I go for a cancellation deed. I have asked the seller about cancellation deed but he has refused saying the draft was mine so he was not responsible for that and I should have written something about him on that page for him to put his signatures there. Should I go to court. If yes, is there any possibility of getting relief. Can I get a cancellation deed on grounds that the seller has not signed in front of my witnesses thus violating the rules and that I might suffer financial loss/difficulty selling the property or any other issue. Also we are not sure whether the signatures and thumb impressions on the deed are those of the seller or somebody else since he did not sign in our presence. So, in future in the event of any dispute with someone my witnesses would not be able to say that the seller signed in their presence. They would only be able to say that he appeared for electronic finger print capture and webcam in their presence. Is there any other way (without going to court) to fill up the deficiency left in the deed due to absence of signatures of one party on the witnesses page.

Anonymous   28 October 2022 at 17:22

Look out circular cancellantion

Hi. I have an FIR in my name under prohibition of dowry harassment 498a. For this, there was an LOC issued and I was caught at the Hyderabad airport when I was returning from Dubai. I was handed over to the respective police station and got station bail on the same day. Now after 90days FIR logged against me was closed. Later, I checked with the police station and they are orally confirming that they have sent an application from district SP office to Delhi to Cancel the LOC. Now, I have to travel back to abroad and I am not sure is that mandatory to have LOC cancellation letter with me while boarding in Airport. Request an expert suggestion on this. Thanks and advance.

Aaqib Ansari   28 October 2022 at 12:15

Moot memorial

Attaching the problem as below: In the village of Mylapore in Tamil Nadu there is an eminent businessman turned politician Rahul Raghuvanshi. He has been elected to Tamil Nadu assembly successfully 3 consecutive times. Rahul a management graduate from Annamalai University was an active student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he joined Janata Morcha, he held several posts within the party and at a young age of 31 became MLA. Rahul is a 2nd generation politician and son of renowned industrialist Bhargav Raghuvanshi, Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency, he also held the portfolio of Minister for Urban Development when Janata Morcha was in power in 1987.Rahul Raghuvanshi being an Industrialist owned several factories which had huge manpower and Trade unions with political affiliation. Rahul after procuring a degree in management from Annamalai University chose to pursue his family business, in the course of his business he had to grapple with many problems relating to workforce such as absenteeism, low productivity, and acrimonious disputes as the trade unions had differences within themselves. A strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party in power. Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide media coverage of the issue. On the 2nd February, 2012 situation was extremely turbulent hence the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC. The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker filed a Habeas Corpus petition on 6th February, 2012 Under Article 226 and 227 of Chennai High Court challenging the detention of several workers and also claimed compensation. The Chennai Bench consisting of Chief justice allowed the petition and gave relief to the prayers of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged the leader of opposition in Tamil Nadu assembly to broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding resignation of Rahul Raghuvanshi was the post of standing committee for Education and Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to control the situation with Rapid Action Force and Local constabulary. In the course of this chaos Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 14th May 2012 in the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there was law and order problem which resulted in casualties and damage to property. Rahul Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from the committees he was part of and the portfolio he held. There was round the clock coverage of the incidents of violence by the media. The opposition demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was constituted in August, 2012 by the Ruling Party i.e Janata Morcha under the auspices of retired judge, Justice Vishwanath to enquire and investigate into this matter. The commission submitted its report before the House on 17th August, 2013 of the incidents of February, 2012.There was elections hence the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured Power and Muthuswamy Nair became the Chief Minister in 21 December 2013 and the commission report was again debated with disruptions in the House. The speech delivered by Rahul Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he was booked under sec 153 A of IPC for which Punishment in 3 years, after a lot of pandemonium the Commission report was implemented on 31st December, 2013. The home minister demanded arrest of Rahul Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 11th January 2014. The magistrate took cognizance of the complaint and convicted Rahul Raghu Vanshi for 3 years imprisonment. The order was challenged in court of sessions/district court, in May, 2015 the order was upheld and eventually it was challenged in Chennai High Court. The High Court admitted the appeal and overruled conviction on 16th November, 2015 of Rahul Raghuvanshi and found that lower courts made gross error in passing such orders. State challenged the High Court order of acquittal in the Supreme Court of India. Issues 1) Is he said appeal maintainable in the Supreme Court? 2) Is the High court justified in setting aside the session court’s order? 3) Does the case have anything pertaining to limitation act or has time barred as per the relevant legal provisions? 4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly? 5) Is the government bound by the findings of Justice Viswanathan commission as regards its implementation or not?

Anonymous   28 October 2022 at 12:13

Police verification

I gave an interview recently and after that I got an email with a list of documents the company requires, before giving me an offer letter. In that list is a requirement for Police Verification. I communicated with the company to provide me with a letter stating that the company requires a Police Verification. The HR said, it is company policy that they will not be issuing any letter on their letterhead for a person who is not an employee.
The Police require a letter from the company asking for a Police verification(compulsory document, even mentioned on the website), but the company is refusing to give a letter on the basis that it has not yet given me an offer letter.
I have 2 questions...
1. Can a Police Verification be done without a letter from the Company hiring? Is there anything called a Police verification on an individual basis(the HR emailed me telling me I should do this, even though the website for Police Verification does not have an option for this)?
2. What alternative if any exists?

I have read through a few documents and I cannot find a way out. Requesting your help.