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Suresh M N   03 June 2009 at 13:55

Need help in vacating

The property is in mother's name(4 brothers, 4 homes) and it is not divided and there is no WILL also done, but the elder brothers are forcefully occupying the house after breaking the locked house by taking help of local goons, the complaint is given to local police station, but there is no action taken. In this case what will be the next situation from police side and what steps can be taken by the mother?

Pravesh Shukla   03 June 2009 at 13:48

Attendence management

Thank you Sir for considering my question.I want the attendence management format/sheet which is generally used by many organisations.Bcz I am not sure which organisation should I name.Can you please tell me if each organisation has its own different attendence managemnt sheet?

KamalNayanSaxena   03 June 2009 at 11:33

Bank Guarantee if can e invoked after its validity

Dear all learned members,

Under what circumstances a bank guarantee can be invoked by beneficiary after it's validity?

Ami Parekh   03 June 2009 at 10:55

Shop & Establishment

Please guide ........
Under this http://www.mcgm.gov.in/irj/portal/anonymous/qlshopestab# link it is mentioned to Apply for online application of Form A for Shp & establishment but there is no form
Does any body now how to go for online application of Shop & Establishment

Regards
Ami

vikas   03 June 2009 at 10:43

stamp duty

Thanks to all of u for giving me answer,
but sorry to tell all of u that i had not get answer to my question.
once again i am putting my question infront of u expert.
- i have taken house loan for rs. 10 lakhs.
now banks say that do equitable mortgage & make the banks bhouja on 7/12 extract.
i am residing in jalgaon (Maharashtra).
when i went to talathi office, the responsible authority said me to pay stamp duty of rs. 5000/-.
but sir, as per bombay stamp duty act, i had already paid rs.1000 (i.e. 0.1% of loan amount as per Stamp duty act.)
Now according to my view, i am not required to pay any amount to said authority.
Please say me whether my view is wrong or right, & if i am wrong at any point then please suggest me what i should do?

manikandan   03 June 2009 at 10:04

Credit Card & Personal Loan - Reg

Dear Sirs, I have taken Personal loan and credit card loans from various banks for starting of Aqua culture business. But now I am not in a position to repay this amount since I have lost all my money in the Aqua culture. Intially i have managed by getting new loans to pay my loans. slowly increased my loan amount one by one because of paying my monthly dues. Now my total emi comes around Rs.80000, Now I am finding very difficult pay my dues. I have informed my bankers about my critical situation and they are not coming for counseling / considering my case. No assets for my family. Now no more ways for paying my dues. But I wanted to be genuine to the bankers. Kindly guide me what should I do for managing my situation.

A.Mohamed Thaheer   03 June 2009 at 08:32

Contradictory judgments by different benches -what remedy

What is the course of legal action for getting natural justice, when contradictory judgments were delivered by two different High court, namely Delhi High Court judgment dated 04-07-2008 and High Court, Chennai dated 30-09-2008 respectively on the very same issue of criminal misappropriation of money to the tune of Rs, 25 lakhs ( BENCH OF THE Delhi High Court Judgment), and for Rs.11,255/- (BENCH OF THE Chennai High Court Judgment, under section 13 (1) (c) of the Prevention of Corruption Act, 1988.

In the above said two judgments, Delhi High has given a very detailed judgment according to the statutory provisions of the relevant under the Central Civil Service Pension Rules, 1972, 80% in favour of the Accused for releasing all the retiral benefits due on the date retirement, EXCEPT UPHOLDING THE PAYMENT OF PROVISIONAL PENSION TILL THE FATE OF THE ACCUSED IN THE CRIMINAL CASE for the alleged misappropriated amount of more than 23 lakhs, read with 34 IPC>

But, the Bench of the Chennai High Court has given the judgment ADVERSELY AGAINST THE ACCUSED BY QUASHING THE CAT order which is very much similar to the Judgment of the Bench of the Delhi High Court dat
ed 04-07-2008.

The further pity in this case is the alleged misappropriation of amount is ONLY
R.11,255/- in which case also, it is pending yet to be proved in the court of law.

What is the legal remedy for the injustice done by the Bench of the High Court, Chennai?








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Gopal Krishna Behera   03 June 2009 at 07:00

Additional Statement

Sir,
Can a supplimentary/additional statement of an accused be recorded under Section 313 Cr.P.C.?

Thanking you..
With best regards...
Gopal.

Satish   02 June 2009 at 21:41

Audio Recoording

Resp. Expert Members,
One of my client has recorded the conversation of his wife and mother-in-law in his mobile phone.
The recorded facts are of much important in his case for seperation.

Now I want to know :
1) What is the procedure to produce this audio recording before the court?
2) At which stage I should produce it before the court?
3) Whether it will be considered by the court as a documentary evidence?

shivraj   02 June 2009 at 20:43

CPC.

In one case Suit is filed in the year 1991 for partition of Joint family property. Afterworlds plaintiff died within pendency of suit he have only one doughter (heirs) which is married in 1980. In this case 51 defendants meanwhile time 10 defendants have filed power of attorney of plaintiff which is fraudulent in nature because the signature of plaintiff not taken on POA. That the POA holder is def.no.2 son and taking the benefit of Fradulant POA def. filed a compromise pursis before the JMFC Court and obtained a judgment and order in favour of def. but in the compromise pursis there was no consent or sign. Of plaintiff was Taken and also he is not present before the court at the time compromise pursis because of illness and old aged person.

After that taking the benefit of compromise judgment and order the defendant sold out some part of suit property. For challenging the illegal act of defendants Plaintiff daughter filed an application U/S-151 of CPC. And Sec.420, 465 of IPC and demands to recall the original case and taking action against the illegal act of the defendants. And also she has proved that this POA is illegal and forged in nature from competent authority.

On this point of view following question arises:-

1) Whether the LD.JMFC have a right to decide the compromise pursis?
2) Applicability of forged document like as POA?
3) Can plaintiff recall directly the original case? Which is in Hearing stage.
4) Whether Hon’ble Court Have directly power to cancel the all transaction made by the defendant? If yes U/ which provision?
5) Whether the court appointed a receiver or court commissioner for whole property in this case?

If any caselaws relating to this case please give the reference Thank u.