LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adv.Rajendra Kothari   24 July 2008 at 21:30

Dishonour of cheque

my client,a partner of an unregistered partnership firm-filed a complaint case under sectiion 138 of Negotiable Instruments Act against one individual person for dishonour of cheque.The accused taken a main defence that my client is not entitled to file the same as he is a partner of unregistered firm and as per provisions of section 69(2)of the Indian Partnership Act it is not legal.Please kindly give me guidence and citations of higher courts in support of my client....Adv.Rajendra Kothari

M.A.T.Ganesan   24 July 2008 at 18:41

declaration under sec.34 of Specific Relief Act

X obtained an allotment of aplot from aco- op. society in1990 with a condition that the allotee should start construction within 2 years of allotment & complete it within 5 years. X did not do construction.soceity sent ashow cause notice in1997, which was replied by X with a builddind plan .the society countersigned & X obtained the plan sanctioned by municipality in2004. in2007 society allotted the plot to a third party. hence X filed a suit for declaration that allottment in his favour is still subsisting. pl. inform me in this case with reported cases

Eliza Rumthao   24 July 2008 at 18:23

Whether advocates can be an employed in a non lawfirm organisation?

Standards of Professional Conduct and Etiquette
(Rules under Section 49 (1) (c) of the Act read with the Proviso thereto)

49. An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.
Nothing in this rule shall apply to a Law Officer of the Central Government of a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of his State Bar Council made under Section 28 (2) (d) read with Section 24 (1) (e) of the Act despite his being a full time salaried employee.
Law Officer for the purpose of these Rules means a person who is so designated by the terms of his appointment and who, by the said terms, is required to act and/or plead in Courts on behalf of his employer.

Could somebody explain to me the interpretation of this section under the Advocates Act, 1961?
I wish to know how the private firms are employing the lawyers to represent their case.

Anil Kumar kamboj Delhi M-9650   24 July 2008 at 17:38

ADVICE/GUIDANCE TO FILE PUBLIC INTEREST LITIGATION


HI,

I NEED SOME ADVICE/GUIDANCE TO FILE "PUBLIC INTEREST LITIGATION" IN Supreme Court OF INDIA.

I WANT TO FILE A PIL FOR SAVE ALL CREDIT CARD,PERSONAL LOAN HOLDER FROM VARIOUS BANKS.BANKS FILE CRIMINAL CASES ON THEIR SO CALLED DEFAULTER "NOT ABLE TO PAY THEIR DUES ON TIME ANY REASON" AS TOOL OF THREATEN THEM FOR RECOVERY OF MONEY AND USE THEIR MONEY AND POWER TO GET NBW IN FIRST INSTANCE AGAINST THERE DEFAULTER AND THIRTEEN THEM MAKE MONEY PAYMENT OR OTHERWISE GO JAIL.THEY FILES CASE U/S 406,420,407.......IN MANY CASES AND MOST TIME THEY FILE CASES FROM SO FAR FROM PERSON LIVED AND ITS ONLY FOR PERSONAE MAKING DEFAULT TO DEFEND THERE SELF AND MAKE PAYMENT ON BANKS TERM AND CONDITION.SO CAN I FILE "PIL" TO STOP ALL THIS KIND OF CRIMINAL CASES FROM BANKS TO THERE SO CALLED DEFAULTERS.....AS RECOVERY OF MONEY IS A CIVIL MATTER NOT A CRIMINAL ONE.



PLEASE ADVICE ME,HOW CAN I PROSES FOR THIS...ANY CHARGE I NEED TO PAY.

Sachin Agrawal   24 July 2008 at 14:28

Mode to enrol for the course of CA

Dear Sir,

I'm 34yr old and a law graduate(LL.B).
How to proceed for the course of Charterd Accountancy.What preliminary stteps i have to take for that.

Jaydeep Kurup   24 July 2008 at 14:04

Leave encashment for Wages

Dear Friends,

Please let me know what does wages include for the purpose of the leave encashment.

Thanks & Rgds,
Jaydeep Kurup.

K.Ravichandren   24 July 2008 at 14:02

How to handle a worker's notice who left the organsiation ?

I sent a worker who was not co-operating with other workers and amount is also settled in March 2008. He was working in my company for more nearly 4 years and in the middle of the above tenure his service was terminated twice. Now after 4 months he sent a registered letter(Not a lawyer Notice) that removal him from the service illegal and all the settlement benefits have not been given and hence to reistate him. My company is a small printing company and only 5 workers are working and no formal appointment letters are not given. Even ESI is also not covered due to the low number of employees. The said workers was mischievious and who was interacting with another worker who also left started similar business in our area. He joined with her now after the removal and giving maximum mental torrtures to me by way of anonimous letters, sms and phone calls.
Now kindly advise me what are all the legal rights he possesses to claim any amount from me. What are all the precautions i have to take to prevent further complication in this matter.

Jaydeep Kurup   24 July 2008 at 13:46

Working Hours

Hello Friends,

Govt of Gujarat has apssed a notification whereby due to power shortage, various industries have been asked to operate for 5 days.

In such a situation, can the employer compensate the additional weekly off by adding the same no of hours to other week days.

Whether such a move will require approval from the labour inspector ?

Whether overtime needs to be paid ?

Thanks & Rgds,
Jaydeep Kurup.

Anil Kumar kamboj Delhi M-9650   24 July 2008 at 11:24

objective question for indian evidence act for the purpose of compition

sir , i have done ll.b . Now i wanted to LL.M . So i need around 150 questions for the purpose of entrance exam .Pls provided me these queries which were very important for the success of this exam

for k.u.k

Anil Kumar kamboj Delhi M-9650   24 July 2008 at 11:07

right to tuwbvell 's value of price as it is commen for our copacerners

sir ,
i have one tubvell for the purpose of irrgation to their land .But for a one year my three brothers prohibit me to get my right to get to use the tubvell.
we are three sharers in this tubvell.
so pls tell me to get my share as become according to the value of the which is set to be on the basis of self-compromise


I want to get my share because they were qurrelled to me regulerly on the basis of to get my water share.

So now i leave to use this tubvell & my lend is has no water

If i go to police station or deputy commissner for this problem they deny to help me .

And one time they filed a charge under cr.p.c sec.107&151.


So pls ,pls pls,pls sir kindly tell me what i could do their against to get my value of price of tubwell as a metter of right .

Because tubvell was named registerd my grand-father..The conection of tubvell is not their named .

so pls guidence me on such right to get my money on the basis as it is settled by a arbitrator or any other basis of compromise.....

an expert opinion is following ......
You can go for an injunction suit(just as in the case of right of way)seeking restraint on the bjections raised by your brother. You can even demand partition.

But sir i wanted to get the my value as per total value of tubvell..
for exemple price rate of tubvell is 40,000.
so i want to get my part Rs.10,000.



so pls resovled this my problem




Sir this will happen if you dont disclose fact fuller. Try to call for a family meeting and settle before the elders amicably, if your brothers are not heeding the words of elders you can file a suit for injunction and prohibit them also from using the tubewell till the matter is settled that will bring your brothers to compromise table.


sir pls tell me in which court suit for injuntion shall be fieled &other details