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mkm   05 September 2009 at 10:16

moot prolem

i want your help regarding this moot problem.......

Intra –Moot Court Problem

Mr.Sudhakaran is the son of Mr.Raghunandan, Managing Director of Biocon Pharmaceutical Industries which is having the turn over of 200 crores per annum and having its registered office at Cochin. Mr.Sudhakaran met with an accident on 18th August, 2009 at 10 am while travelling in a Maruti Suzuki Swift on the Trivendrum and Cochin Highway. He sustained severe intestinal damage and contusion of the Liver as well as ancillary injuries including two broken ribs, dislocation of the lower jaw, two broken fingers and a broken wrist. He was taken to the Apollo Hospital in Trivendrum at around 12 noon where the doctors advised Mr.Raghunandan to take his son to Mayot Hospital in Chennai which is the only multi speciality hospital available in India to deal with the special cases like Mr.Sudhakaran’s. They also advised Mr.Raghunandan that his son has to undergo operation within twenty four hours else, his son will suffer paralysis and may succum.

In pursuance of that, Mr.Raghunandan called Mayot Hospital, Chennai and the operation was fixed at 2 pm on 19th August, 2009. The doctors at Apollo hospital, Trivendrum informed Mr.Raghunandan that his son has to travel with artificial life support system. Mr.Raghunandan immediately contacted Mr.Avinash, the agent of Kingfisher Airlines at Trivendrum for booking the flight tickets by explaining the condition of his son.

Mr.Avinash booked the tickets for Mr.Raghunandan in Kingfisher Airlines from Trivendrum to Chennai via Bangalore transit ticket which scheduled to take off at 4pm on 18th August, 2009 and also informed him about the arrangements he made with the Kingfisher Airlines for carrying on the life saving machine till Bangalore and mentioned that the further arrangements in the connecting flight shall be made by the Kingfisher Airliness personnel.

The Kingfisher Airlines is an Airline operating with in the airspace of the republic of India having its registered office at Commerce House, Fort, Mumbai. Mr.Raghunandan reached the airport along with his son who is with life supporting equipment by 3pm on 18th August, 2009. At 3.30pm only he saw that the ticket contains a clause 2.2 stating that “the bearer of this ticket certifies that he/she is in a fit condition to fly and is not suffering from any health problem which may be a hindrance to his travel”. Mr.Raghunandan along with his son boarded the flight at 4pm on 18th August, 2009. Exactly at 5.30pm it reached the Bangalore airport where Mr.Raghunandan was asked to wait for the Jet Airlines flight which is scheduled to take off at 7pm on 18th August, 2009. Around 6.45pm the Jet Airlines officials informed Mr.Raghunandan that as per Cl.8 of the memorandum of understanding between the Kingfisher Airlines and Jet Airlines, “all the passengers flying from Trivendrum to Chennai via Bangalore will be regularly boarded in the Jet Airlines and all the norms and conditions of the Jet Airlines will be applicable to those passengers”. Further the officials informed that as per terms and conditions in Cl.8 “the bearer of this certifies that he/she is in a fit condition to fly and is not suffering from any health problem which may be a hindrance to his travel”. So, they can’t board his son into the Jet Airlines flight.

Mr.Raghunandan pleaded with the Jet Airlines authorities to take note of the seriousness of his son and requested them to allow their travel. He also pleaded for the life of his son by mentioning that they have already travelled from Trivendrum to Bangalore by the Kingfisher Airlines and Jet Airlines is having a contractual obligation to carry them to Chennai and also briefed about that arrangements made at Trivendrum Airport by Mr.Avinash and the promise that he made they can travel along with life supporting machine in the Jet Airlines also. Inspite of all the plea by Mr.Raghunandan, the officials refused to board hi

aanal   05 September 2009 at 07:08

dont get regular maintenance

i have been suffering from last 3 years by not getting maintenance regularly..my husband is a businessman and earning best.but he is intentionaly not giving me mntnce for harrasing me..untill i dnt make an application of 125/3 , he vl not pay me at the end of every month...and after application made by me and sumons get by him, he is paying in small installments in every long one month hearing..finaly at the end of 6 months i get that full payment by installments..during this 6 months another 6 months maintencace are becomes pending..

1) he is doing contempt of the court though honbl.judge dont take any strict steps against him.

i am fed up by paying lawyers fees and mental harrasement..i got frecture also thats y i cant do any job.

what should i do ??? is there any way or law to bind my husband to pay me regularly without making any 125/3 application??

plz kindly help me.

SUKANTA PAUL   05 September 2009 at 00:12

income tax

sir one of my individual client has business income more than 10 lakhs, is he required to audit his account

SUKANTA PAUL   04 September 2009 at 23:53

INCOME TAX

SIR, ONE OF MY CLIENT HAS BUSINESS INCOME MORE THAN 10 LAHKS (RUPEES TEN LAKS). IS HE REQURED TO AUDITED HIS ACCOUNT IN THE ASSTT.YR 2009-2010? I HAVE SOME URGENCY, PLEASE CONFIRM IMMEDIATELY

Basanta Kumar Misra   04 September 2009 at 23:51

Income Tax on TV Game Show

Whether, to levy and collection of Income Tax from the Winner of Prize money
from any T.V.game shows prior to the amendment in the I.T Act in the finance Act 2001, does not contravene

1-Art. 265 of the constitution of India, as there was no text " any winning from T.V Game show.

2. Section 136 of the I.T. Act, as without
any evidences that T.V.Game show was
comming within the ambit of 'game of any sorts'as mentioned in Section 2(24)ix and 115BB, where as from Section 115BBA, it is clear that, particular games are listed u/s 115BB.

3. And, the CBDT Circular- 447 of 1986

B S Kainth   04 September 2009 at 22:37

Force Full possession by daughter

1 . My daughter has taken a forceful possession last year aug 2008 in my property and had filled a suit for permanent injunction

2. In May 2009 I came to know that after getting injunction from Distt Court my daughter is willing to sell out / hand over my flat which is under my daughter possession after that I had also filled a suit for injunction in District Court (Patiala House) not sale / transfer the said flat.

3. My father had made a Will ( Registered at Vikas Sadan ,New Delhi ) in favor of me and my wife’s name before his death and also excluded my daughter in his property .Later we got mutation from MCD.

4, I am going to file a Suit for Possession .What Else we can do .How Long will it took .Does my daughter had any title under Hindu Marriage Succession act in my property.

5. Is there any act in the favour senior citizen that suit can be decided early comparitively to the normal times

B S Kainth   04 September 2009 at 22:15

Force Full possession by daughter

. My daughter has taken a forceful possession last year aug 2008 in my property and had filled a suit for permanent injunction



2. In May 2009 I came to know that after getting injunction from Distt Court my daughter is willing to sell out / hand over my flat which is under my daughter possession after that I had also filled a suit for injunction in District Court (Patiala House) not sale / transfer the said flat.



3. My father had made a Will ( Registered at Vikas Sadan ,New Delhi ) in favor of me and my wife’s name before his death and also excluded my daughter in his property .Later we got mutation from MCD.



4, I am going to file a Suit for Possession .What Else we can do .How Long will it took .Does my daughter had any title under Hindu Marriage Succession act in my property.

pls reply amritbhupinder@gmail.com

S S Singh   04 September 2009 at 21:35

Sale of Two Wheeler

I've a scooter to sell. What legal documents should I possess from Purchaser so that in future there should be no legal liabilities for me?
Also confirm what cost Stamp duty or Revenue stamp if required on document?

rsagarjain   04 September 2009 at 20:50

ejectment

Plaintiff suit for eviction from her house on ground that she needs accommodation for her sons who are going to get married. Plaintiff has not stepped into the witness box though witnesses including her power of attorney have been examined on her behalf. Is plaintiff entitled to a decree? Plaintiff has not stepped into the witness box to express her need. Request Opinion with case law. Thanks.

Chetan   04 September 2009 at 20:31

Will Deed

Please provide the Will Deed Format