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Diana   08 July 2009 at 11:19

subjudice

if a matter is subjudice can evidence be asked on it further with respect to Art 20 of the constitution

uma.t.s   08 July 2009 at 10:54

dowry prohibition act

sir,am a law student doing my 3rd semester LL.B. we hav a moot problem to solve.the case is related to Dowry Prohibition Act,1961.
the defendent in this case hav filed a petition before HC challenging the constitutional validity of the dowry prohibition act,1961.if i send the facts of the case will u be please able to help me with the case

Krishnamurthi Navuda   08 July 2009 at 10:39

Encashment of Annual Leave

Hi All,

I would like to request for your expert advice / comment on the below questions on encashment of annual leave.

1. Can a company on its own discretion define an Annual Leave Policy or are there any governing laws for defining the annual leave for which companies need to adhere to?

2. Can a company on its own discretion define the Annual Leave Encashment Policy or are there any governing laws for which companies need to adhere to?

I am posting these queries on the applicability for IT organizations.

Thanks in advance.
Navuda.

urvi   08 July 2009 at 09:47

Vacating a rental flat

We have moved into a rented house in May09. It has been just two months and our owner has served us with a one month notice (as per a clause in the leave and licence agreement) to vacate as the owner is planning to move back in the house. We have made a lot of expenses while moving here just two months back, which include movers & packers, brokerage plus additional expenses like getting the address changes done for gas connection, setting up the cable connection, carpenter work, a/c installation, etc. The total of all our costs would amount to a minimum of 25k. Although the agreement does mention a one month notice and hence the owners are right in their place, are we entitled to ask them for any compensation as we will have to make all the above expenses again. We are dire need of some advice in this regard, would appreciate response asap. Thanks

Urvi   08 July 2009 at 09:39

Vacating the rental flat

We have moved into a rented house in May09. It has been just two months and our owner has served us with a one month notice (as per a clause in the leave and licence agreement) to vacate as the owner is planning to move back in the house. We have made a lot of expenses while moving here just two months back, which include movers & packers, brokerage plus additional expenses like getting the address changes done for gas connection, setting up the cable connection, carpenter work, a/c installation, etc. The total of all our costs would amount to a minimum of 25k. Although the agreement does mention a one month notice and hence the owners are right in their place, are we entitled to ask them for any compensation as we will have to make all the above expenses again. We are dire need of some advice in this regard, would appreciate response asap. Thanks

anshul sangal   08 July 2009 at 09:01

help in legal adviser

is there anyone a Legal adviser here who can guide me to become a legal adviser please help me.i have done MBA+LLB

kalyani choudhury   08 July 2009 at 03:43

Discharge of an advocate

I have changed my counsel,

My former advocate wants me to sign on a 'NO DUES' before he returns my case files.
He says a draft lies with every advocate and is present with the Bar council of India.
Can any of my learned friends give me a copy ofthe draft so that I may sign without fear of any manipulation by him?

I have asked him to email me the draft but he refuses to do so.

Worried,

Kalyani

Kumar Krishan Agarwal Advocate   08 July 2009 at 00:53

Combined Property

Dear Solicitor,

I am an advocate and tangled with the problem of its unique kind.
1. My mother has two younger sisters and four younger brothers. So actually seven children are there who have one ancestral shop 30 * 20 sq. foot area in market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.

2. All Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. HE has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]

3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.

4. Now what the alternatives are ?

a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?

b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever ?

c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.

5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.

Thanks for giving your valuable advise,

by
KK Agarwal Adv,
Muzaffarnagar , INDIA.
Mb:- 09319365499

Dr. S________   07 July 2009 at 20:37

Defrauding/cheating on property Purchase.

am a British citizen of Indian origin. I went into an agreement to sell my family house in Delhi and received token money/biyana. I asked my relative “A” to act as my agent to find my house in Noida, which he dealt with the help of his friend and property dealer “B”. On asking for his commission, he said it would be a “cup of tea”.

In August 2008, I agreed to buy a property in Noida, through A and B, and verbally agreed the price “X” and biyana in the sum of “Y”. I left for the UK on the same day. The next day, A and B sent 2 men to get the cash Y from my brother who rang A who confirmed to give the sum Y and promised to send the written agreement the next day. My brother followed these instructions. The deal was to complete on 30 Oct 2008.

I kept asking A to give the written agreement to me but he always postponed on some pretence, until recently. Following this, due to the credit crunch, my buyer could not come up with remaining consideration to complete the deal. As a result, I am also unable to complete the deal on the property in Noida.

I was still trying to get a written agreement from A at this time. He said that this agreement is in “safe keeping” with his friend B and that if I insisted on getting this he would not help me in this matter any more.

Later, A said that I had to pay at least 4 times Y to get the written agreement. He also said that he had to pay several Lacs from his pocket to get the extension done in order to complete the deal. With much agro, he gave me a photocopy of the agreement in which the property was not bought in my name but in the name of B (property dealer). I was never told about this. Also, the purchase price on the agreement was almost 30 Lacs less than agreed with me (30 Lacs less than X). The token money, however, was 51,000 Rs more than agreed (51,000 Rs more than Y).

I feel that A and B have been co-conspirators in cheating and defrauding me. I live in the UK. What should I do?Wish to clerify further;
1. I should first send the legal notice. I understand it is sent only by lawyer. Does the legal notice gets registered any where i.e. Court etc.
2. Can I not send FIR without sending legal notice.
3.If I do video/visual recordong, does it not have to be given to police with FIR
4. What is the use of sending the copy of complaint to Indian Embessy in London. Why should I not send the copy of complaint to British Embessy in Delhi and American Embessay in Delhi. I also have Green card. Tha culprits will never get a via to visit US and UK.
5. What does this mean and why '. Keep intact travel documents with you while seeing officers in India. '
6.How do I do that 'You can also file suit for recovery of money.
7.What does this mean.
Suit for specific performance of sale of the property in your favour may not be advisable
8. 'It is better to file a private Case before the magistrate court also.' What does this mean and how do I do that. Does this mean taking legal action.
9. Is there a time limit for legal action.However, I realise it should be taken as early as possible.
Can I not take any action in UK at all
Many thanks

KANDE VENKATESH GUPTA   07 July 2009 at 19:58

mutual consent divorce

When the couple wanted to get their marriage dissolved by mutual consent, is it necessary to wait for six months after filing an application for mutual consent divorce application u/s 13-B of H.M.Act. Is there is any Judgment of the Hon'ble Supreme Court or any other high court in this regard opining that the divorce can be granted even before expiry of six months by referring the case to lok adalat etc.,