advocate satya
03 January 2009 at 13:21
sir
one matter was sub judice before the labour court, the employee even after getting ample opportunity has not given evidence, the court dismissed his matter, after four months he again filed the same petion before labour commissionr stating i was not aware of the date hence my petition was dismissed, so again his petition should be entertained, the commissioner issued notice to the respondent employer, the question is can he give a fresh petition on same ground when it is once dismissed?'
do the priciple of res judicata would not attract? and what about the time barred applicability?
any citation for the same?
advocate satya
03 January 2009 at 13:13
hi
can anyone send me the application of early hearing of a bail matter in high court and the section applicable?
samudra
03 January 2009 at 12:37
********The Full Bench of this Court( MUMBAI HIGH COURT) in Anirudh's case (Supra) observed,
inter alia, as under:
(a) By following a decision of Seven Judge Bench of the Hyderabad
High Court in the case of Sheshadri v. Venubai, 37 Deccan Law Report
244, in the Marathwada area of the old State of Hyderabad, adoption
of a married person was valid and that Hindus in that area were
governed by the Mayukha or the Bombay School of Hindu Law and not by
the Mitakshara;
(b) a widow can take a boy over 15 years of age in adoption as also
a married person;
(c) the practice of taking married persons and boys over 15 years of
age in adoption in the regions which are governed by the Bombay
School of Hindu Law has been consistently recognised by the Bombay
High Court; and
(d) the expressions "custom" and "usage" as defined in clause (a) of
Section 3 of the Act include not only customs and usages in the
ordinary sense which have obtained the force of law among Hindus in
any local area, tribe, community, group or family, but also texts,
rules and interpretations of Hindu Law which have been continuously
and uniformly observed and have obtained the force of law among
Hindus in any local area, tribe, community, group or family.
The Full Bench summarised its final conclusions in the following words:
"In our opinion, the correct view of the provisions of Clause (a) of
Section 3 and of Section 4 and Clauses (iii) and (iv) of Section 10
of the said Act was taken by Vaidya and Shimpi, JJ., in Haribai v.
Baba Anna, . We accordingly accept that view and
overrule the view taken by Malvankar,J., in Second Appeal No.1444 of
1965, Bhimrao Vithu Khandagale v. Chandru Savala Khandagale; by
Vimadalal and Naik, JJ., in Laxman Ganpati Khot v. Anusuyabai,
and by Joshi, J., in Balkrishna Raghunath Gharat
v. Sadashiv Hiru Gharat, ."
8. The learned counsel for the respondent was right in his submissions
that the view taken by the Full Bench of this Court in Anirudh's case
(Supra) has been approved by the Apex Court in the case of Kondiba Rama
Papal (Supra) in the following words:
"...The adoption is not invalid although it took place after the
thread ceremony of the boy was performed. Thus the custom is
judicially recognised in the Bombay State as regards adoption of a
child at any age. Once the custom is judicially recognised, it is
not required to be independently proved in subsequent cases...."
. By following the law laid down by the Full Bench of this Court in the
case of Anirudh (Supra) and by the Apex Court in the case of Kondiba
(Supra) it will have to be held that in the instant case it was not
necessary for the defendant to prove by evidence before the trial Court
that there was a custom or usage prevailing in the Maratha community in
Satara District of adopting a boy who had crossed the age of 15 years
and was also married at the time of adoption. The contentions of the
appellant that the adoption of the respondent as had taken place on
22-11-1988 was illegal on account of non-compliance of Section 10(iii)
and Section 10(iv) of the Act have to be rejected and thus the
substantial questions of law at serial no.(ii) and (iii) are hereby
answered against the appellant-plaintiff.**********
Will the ruling have effect ( Under the same situation/condition) on the case of a person living in Hyderabad(Andhra Pradesh)at PRESENT. {The person belong to a "Forward cast",of Andhra Pradesh state leading casts}.
Expert Members of this FORUM, in the Family Law to kindly reply to this tricky Question please!
seshachala
03 January 2009 at 09:36
please tell us is basic wages on which the epf is calculated is to be the minimum wages of the state or is it to be 60% of the gross salary. Is there any statuatory guide lines or any case laws stating that the basic wages must be not less than the minumum wages.
Swaroop
03 January 2009 at 00:25
I had approached a compnany's office in Bangalore for requiremnt of a product.
The officer in the company informed me of the availability of the product.
The officer also informed me that the product will not be sold to a customer directly from the company's office but it will have to be purchased from their dealer.
Therefore the officer informed that I will be contacted by their dealer.
After that their dealer contacted me and sold the product and provided a service of fixing the same.
But now as there is a defeciency in the product and service sold, I informed the dealer and the company and demanded for a replacement of the same.
The authorised dealer refused and when I approached the company the Manager has sent me an e-mail stating that the product was purchased from a dealer who was not the company's authorised dealer and refused do do anykind of service.
But the dealer has clearly printed in the Bill that he is the authorised dealer for the company and has mentioned the company's name.
Now the service was provided by this dealer who was referred by the officer in the company as their authorised dealer.
Since the manager has refused the validity of the dealer but the dealer has claimed that he is one of the authorised dealer of the company on whom should I take action for deficiency in the product and service provided.
Also both are lying as one has printed in the bill as an authorised delaer but as there is a problem now the company is refusing the same.
Kindly confirm what can be done in this situation,
1)on whom to file a complaint in the consumer court?
2)Does this also indicate cheating and misleading consumers?
3)Can I simultaneously file a criminal case?
4)what is the immediate action to be taken after sending them a notice of 15 days?
vishwanath
03 January 2009 at 00:22
Dear sir,
In karnataka quarterly C forms have to be filed by the end of next quarter. notice have been served for failure to file c form for the year 2007-08. i think orders will be passed by next week confirming levy.
My query is can the c forms be filed before appelate authority. under the earlier sales tax regime i used to file the same before appellate authority who inturn accepted it as there were no due dates for filing c forms earlier and were filed at the time of Assessment.
but now as the its mandatory in law to file quarterly c forms by the end of succeeding quarter, can the appellate authority accept the forms against the provisions of the statue. if not wat is the remedy
Jegaraj
03 January 2009 at 00:06
I am practicing in Salem in tamilnadu. i have a 12 years standing in the bar. i would like to become a notary public to practice in salem. can any of the fellow members may be pleased to explain where to get the application, what is the procedure, where to send the applications etc.
kumar sachin
03 January 2009 at 00:03
what is benami transaction and benami property
Ram Kishan
02 January 2009 at 22:02
DEAR SIR,
IS IT NECESSARY THAT ARE-1 SHOULD BE ENDORSE BY CUSTOM OFFICE FOR EXPORT WITHOUT PAYMENT OF DUTY OR ANY OTHER SIMPLE PROCEDURE IN WHICH ARE-1 ENDORSEMENT IS NOT REQUIRED PL. TELL ME.
THANKS
RAM KISHAN
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