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Member (Account Deleted)   25 February 2009 at 17:10

misuse of sec 498(A)

dear sir/madam i would like to know if the husband is a hindu and wife is a catholic christian whether or not she could take advantage of this section i am just not sure so if anyone of you could help me i would greatly appreciate that.Thank you.

sanjeev murthy desai   25 February 2009 at 11:13

which stamp duty payable

Dear all

Document executed by the parties one month back and the parties will register the documents now. The stamp duty of the said document at the time of execution was 8.5% but now stmap duty has been revised and it is comedown to 6%. so what is the stamp duty payable today is it 8.5% or revised 6%?. Kindly sugest me in this regard. If you have any caselaws please inform me. I am awaiting for your responses. thank you,

yours

sanjeev desai


vinod bansal   24 February 2009 at 21:52

citations on demarcation & recovery

R/All
I m representing the complainant in a murder case,case is based on circumstantial evidence bcoz there is no any eyewitness of the occurence,police had recover looted articles from the possession of accused further accused had demarcated the place of occurence,accused defence case is of total denial,accused had not explain how stolen articles were in their possession as police had recovered the same from the possession of accused,accused are silent on this point,,i want some citations on this point for complainant side to got convicted the accused,thanks case is fixed for tomorrow i.e 25/2/09

anish arora   24 February 2009 at 19:50

citations on tenant share in a acquire property.

good day1
land is acquired by the amritsar improvement trust. since we were tenants there, i need citations on share of tenants viz. compensation.
regrds
anish arora

imthiyaz   24 February 2009 at 19:29

Pending IA not heard

We have filed an Interlocutory Application to strike out some LR's of plaintiff who are wrongly brought on record while filing petition for final decree proceedings , as they are not entitle for share as per Mohameddan law.

Final decree proceedings is still pending,
we filed an Interlocutory application in January 2008 to strike out some of the Lr's who are not entitle for share, but still our IA is not considered in the court, even our lawyers insisted to dipose of our IA but still it is been ignored,
The response to our Interlocutory application has been kept in record the day before the case date in june 2008 clandestinely by the opposite parties and an entry has been made by the clerk in the order sheet without serving copy to us, , Just 2 weeks back when we applied for copies we have filed all these days it came to our knowledge that an response to our Interlocutory application has been kept in record without serving a copy to us.

We are very frustrated as the court is not disposing of our Interlocutory application and instead delaying it ..

How to over come this problem..Can this lower court be bypassed with out taking any order,

What are the ways out of tackling this problem.. Please suggest..

allurisivajiraju   24 February 2009 at 17:51

Negotiable Instruments Act.

Resected Seniors,

In case filed by the Complainant U/S 138 and 142 of N.I.Act before filing surities the Accused not present to the court on a particular day for which posting for surities, subsequently Court issued N.B.W. against Accused.

The accused absconded and where abouts not known to the Complainant. But each and every adjournment Judge comelling the Complainant for execution of warrant against Accused.

In the above circumstances whether the Complainant file a petition U/S 19 of Criminal Rules of Practice to put the case in Register of Long Pending Cases or any other remedies available to the Complainant.

Please give suggestions immediately.

Thanking you in advance.

D. PERUMAN SARANYAN   24 February 2009 at 17:41

Settelment Deed

Sir,

Can any one share me a draft copy of Settelment Deed.Whether the Settelment Deed at the time of registration has to be signed by the SETTLOR and SETTLEE?

Rajesh   24 February 2009 at 17:35

Section - 405,406 & 408. (First Post - Interesting)

I have a freind of mine who worked with a very small Pvt. Ltd. company, for about a Year and half in the capacity of Factory Head.

He was incharge of all the activities carried on in the plant including cash.

He was also been authorised to operate the bank account jointly with the Finance Manager to the limit of Rs. 40000/-. There was a service bond with the below mentioned 2 (two) clauses
1) That the Employee has agreed to serve the company for a period of 2 Years (from..... to ......)
2)In case the Employee breaches the condition , he shall forth right pay to the employer a sum of rs. 250000/- as damages and incase the payment is delayed the employee shall be liable to pay interest @12% per annum.

This freind of mine got a very good opportunity with a multinational company and decided to leave the small Pvt. Ltd. Company.

Inspite of much persuasion the employer did not agree to relieve this freind from the job. However my freind decided resigh and serve him 30 days of notice.

The employer issued him a letter stating that the freind cannot be relieved as he has signed a bond, and in case he decides to breach the bond, he shall have to pay the damages as listed out in the bond.

My freind on realising that he is not allowed to move out from the company, did the below mentioned.

The company had an old machinery to be sold, a party had come to see the machinery and agreed to the General Manager of the company to purchase the old machinery for Rs.2.6 lacs. As a token he paid an advance of Rs. 80000/-, for which the General Manager gave the receipt.
On the next day freind took an amount of Rs.50000/- and left the balance amount of rs. 30000/- in the cash box. He immediately wrote an e-mail that he has spent cash of Rs. 50000/- out of the advance of Rs. 80000/- for meeting his personal obligations, and that he intends to return it before the expiry of his last date of notice period, incase he fails to return the cash the same can be deducted from the full and final settlement of dues taht are payable to him by the company.

Subsequently he returned rs. 10000/- and requested the company to settle the balance against the dues payable to him by the company.

The company asked my friend not to report to work from the very next day onwards, without giving anything in writing, and withpout making the full and final settlement. My freind has repeatedly requested the company to do the settlement
instead the company had filed a police complaint - which my freind went and attended. The Police authorities advised that its an accounts dispute and both party should settle amicably.

Off late say about the expiry of more than a year the freind has got a summons from the jurisdiction court under Sec. 205,206 & 208.

Any legal experts can advise hte course of actions to be followed by my poor freind(Financially as well as under this situation)
God Bless!

somnath_maitri   24 February 2009 at 17:07

Injunction suit

I intend to fille an injunction suit, pertaining to some illegal construction, in a civil court. I do not want to approach any lawyer as I think I can plead on my own behalf. If anybody can give me a proforma for filing injunction suit, then i will be most obliged to you all.





Regards





Somnath Maitri