Jitendra Raval
03 April 2009 at 18:07
The complaintant sent the legal notice to the accused. It was the inter state communiction. i.e Gujarat and Maharashtra, The complainant written the address on the BOTH envelop in Gujarti Language and numbers mentioned in the address was also in Gujarti language. The notice was send through RPAD AND UPC. The postal department has admitted in writing that the particular intimation given to flat no C-103 instead of C-703 and hence remained unclaimed and returned to the sender after prescirbed period. Non of the notice was received by the accused. The complainant filed complaint under S.138.
1. Is the confirmation by the postal department itself about the wrong intimation of the envelope will be sufficient defence for accused?
2. Regarding notice send by UPC since the address was written in same way not delivered to the accused. Is accused Safe?
03. Can accused file complaint against the postal department in Customer redressal forum for the damage caused to the accused for such non delivery?
04. What are the rules of postal department in such inter state communicaion?
Kindly suggest the related caselaws subcribe to your answer if any.
With regards to all.
Prabhat K Srivastava
03 April 2009 at 15:45
Dear all,
pls resolve my one query that whether an arbitrator appointed as per existing arbitration clause will be sole forum for entire disputes, either civil or criminal, arise in respect of an agreement? Pls specify in case of criminal offence related to the agreement, in which mere arbitration remedy is available, what will be the course of action?
regards
Prabhat
k gowri prasad
03 April 2009 at 12:04
Dear Legal Fraternities,
I am the new member of this Club. It is a good opportunity to learn new things & clarify doubts about legal issues.
With reference to the subject, can any individual eligible for double employment as per law? (i.e. one job in government & other is private organisation or insurance agencies?
Waiting for your positive reply.
Regards,
Gowri Prasad.K
deepak
03 April 2009 at 10:35
Respected Sirs,
Is display of lyrics of any song (i.e. work) on website is legal or illegal?
[Owner of the website who display such work on its website does not have any copyright in the work]
If the act of website owner is legal then it needs to pay any amount to the copyright owner for such display of work?
If the act of website owner is illegal then what remedies available with the owner of the work?
Regards
deepak
N.K.Assumi
03 April 2009 at 09:17
Motor Vehicle (TATA SUMO) Insurance policy for third party stipulates as under:
1. Permium of Rs.16,500/-
2.Seating capacity: 10+1
3.Limitation as to use:
Use only for social domestic and pleasure and for the Insured's own business.
This policy does not cover the use for hire or reward or for organized racing pacemaking etc.
Cerificate issued in accordance with the provisions of chapter X & XI.
Accident occured during the validity of contract and passenger injured with spinal cord.
STA issued Contract carriage with seating capacity: 8+1.
Can Insurance company claim that there was breach of Insurance contract?As the vehicle was used for contract carriage as hire and reward?
I find the document as a double tounges policy. Any suggestions? Please give your views.Thank you all in advance.
Rahul
03 April 2009 at 07:23
Sir can you suggest me Book of Company law and Labour law so that i can strong my basic and helpful in jobs point of view ?
Prabhat K Srivastava
03 April 2009 at 01:48
Hi, Please let me know the basic differences between Charge Sheet & Show Cause Notice.reply with explanations will be more helpful for me & everyone.
thanks & regards
B.B.R.Goud.
03 April 2009 at 00:49
dear sir/madam,
In an Examination hall, flying squad came and took up malpractice check-up, during which the students, of age 16-22 years age, are asked to remove their dresses, in search of chits.In this case, any chits found, they are debarred successive exams and their entire previous exams are cancelled. in this aspect i would like to know and it is necessitated to take an advise:
1. Can a student be punished retrospcetively under malpractice?
2. Can a student be checked, by removing their clothes or touching their personal belongings, under malpractice check ?
3. Is it not the violation of Art 20(1) and 21?
4. Is it not the abuse of the children?
thanks, in advance, for one and all.
Srinivas.B.S.S.T
02 April 2009 at 20:21
A is the land owner, he has given GPA to B, B inturn entered into a development agreement with C to construct a multi storied residential apartment complex.
Subsequently C constructed an apartment complex and in the same one unfinished flat was sold to Z. B on behalf of the A as GPA holder and C as a developer executed a register sale deed in favour of Z.
Later the flat was remained unfinished and now Z wants to file a case in consumer forum seeking a direction to finish the balance works of the flat or give money for taking up the finishing works.
Can he file case against A, B & c or C alone is liable?
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Case under NI Act - S. 138----Accused exempted
Can accused be exempted from remained preset during proceedings as the accused is placed 700 km. from the city complaint filed. It is very difficult to get mode of transport and he is working in a nationalised bank.
What are the remedies for the accused. Plase suggest caselaws if any