Shruti Jhanwar
15 December 2015 at 21:00
What is the difference between executed and executory contracts? If a contract has been fully performed by one party and not at all performed by another, under which category will it fall? If both parties have done a part and some part of performande is left to be done, then under which category will it fall? If one party is still doing and the other party has not done anything yet, then under which caregory it will fall?
rahuldas
15 December 2015 at 20:18
Respected Sirs and Madams,
My civil case in family court is in argument stage. My lawyer is not attending the case and last two dates he didn't appeared. My next date is approaching and he is still not giving me any time to discuss despite of trying to reach him multiple times over phone and SMS.
Today I visited his office and he is saying that he is busy with other important cases and not interested in taking my case further. He is asking me for fee if I need NOC which I already paid. He has charged me in advance and for every visit he or his assistant made.
I am helpless and not able to understand what to do.I discussed with another lawyer but he needs NOC.
Please guide. What are my options if he doesn't give NOC. Can I keep another lawyer as an additional lawyer and let him do the argument? I hope that doesn't require NOC
Please guide
Unnikrishnan Nair
15 December 2015 at 19:13
Hi
I applied for renewal of passport & along with that i want to correct place of birth mentioned in passport. As per new process, I need to get court order by magistrate. Now case filed & awaiting for hearing date. Now i have to apply for H1B visa from company & I need to submit relevant documents before 31st Dec 2015. But since my first hearing is on 5th jan 2016 and i will be late till that time. Is there any other alternative to process my H1B till that time?
PRAFUL
15 December 2015 at 18:53
Dear Sir
I stay in Mumbai , our chairman has only 1 flat but parking his family 2 cars and that is again in others stilt parking whos owner is charitable trust who do not have any cars registered but having 2 stilt parking with 1 flat ownership . is this Legal ?
MR. ANIT SRIVASTAVA
15 December 2015 at 18:42
Hi Sir,
Once the police has been registered the FIR on 06-Mar-2013, and Submit charge, police authority has been to file charge sheet in court, on 30-jun,2013 Accuse has charge in FIR IPC 364/302/411/34/120b, Please clearly me that person if eligible for Government jobs. That case He can face problem in getting Government jobs. Or not. What is law Government jobs for that condition.
Plz help me sir....
Shruti Jhanwar
15 December 2015 at 18:03
What is the meaning of "right to claim performance" under Section 45 of Indian Contract Act? Does it only mean right to file suit?
Anonymous
15 December 2015 at 17:56
Sir, I filed divorce petition in family court in hyd in Nov 2014 based on cruelty from my wife and in laws. My wife In turn filed 498a and domestic violence case against me and my mother. My wife took away my 7months old daughter from me for 2yrs now. With no access to my little ones. Myself and my parent are on bail. Chargesheet filed with false witnesses by my wife. Iam naturalised British citizen and my daughter British citizen as she was born there and my wife has expired UK spruce visa.
Can please advice acquitance for false charges levelled against us? 498- a case.
What's probability of getting divorce and my child?
As I wish to go back aboard.
What charges I can put against my wife and her family who are blackmailing is for money?
Please help and advice salon as I fear loosing my job and Iam in depression....
Pankaj Kumar
15 December 2015 at 17:54
Respected Sir/Madam
I am selected as a postal Assistant at Uttrakhand circle as per my result announced on 24th nov. 2014. But unfortunately Department ot Post abeyance joining all 22 circle all over india. On 11th september Department revoke abeyance of 10 circle and cancelled 4 circle recruitment. Remaining circle are held in abeyance till now and Department always giving unsatisfied answer. Somebody told me, completed 1 year after publishing result we can't do anything against the Department. Please help what i do. Reply as soon as possible.
ashwin
15 December 2015 at 17:14
My friend was working as an Education officer in a district of Maharashtra. When he joined there by direct recruitment, he found that a private institution has by conspiracy obtained approval of 10 teachers to be recruited in that institution by doing duplicate signatures of the earlier Edu. Officer. Such approvals were banned by state govt due to financial burden. so my friend lodged an FIR with the police.
Since then the head of that institution(say Mr A.) tried in all ways to remove my friend from his office. As a part of this, he revoked his friend Mr.Nagmode to complaint to the Dist. Anti Corruption Bureau.
Mr.Nagmode falsely & intentionally complained Dist. Anti Corruption Bureau that 'I being a chairman of XYZ SOCIETY, I have applied to the office of Dist. Education Officer (my friend) to give a NO OBJECTION CERTIFICATE to run a CBSE affiliated school and for this I have requested four to five times to Dist. Education Officer (my friend)to issue the same.But the Dist. Education Officer (my friend)has demanded Rs one lakh as a bribe for this.'
As a consequence, the Dist. Anti Corruption Bureau
arranged a trap on Saturday around 19.30 p.m. for verification in which my friend did not asked to pay any bribe. Moreover he told that i have not read your file,and the next day being holiday, he will read it and take decision on Monday.
So again when my friend was busy in his urgent work on Monday, again the Dist. Anti Corruption Bureau arranged a trap in which the complainant Mr.Nagmode induced my friend to take Rs. One lakh. and if possible lessen the amount.This time my friend , as it seems from FIR, agreed to take Rs. 50 or 60 thousand whichever he (complainant)gives.
Thus an FIR was lodged with my friend in this connection.
But the very important thing is that -
1) Issuing of NO OBJECTION CERTIFICATE is not within the powers of Dist Education Officer and these powers are vested in the Secretary of SCHOOL EDUCATION DEPARTMENT.
2) It is the by rule of the state to apply directly to SCHOOL EDUCATION DEPARTMENT for obtaining NO OBJECTION CERTIFICATE.
3)No school/ institute can run a CBSE syllabus or obtain NO OBJECTION CERTIFICATE without having a state recognised school.
4) mr. Nagmode(complainant) do not have a recognised school and his application is wothless in my frinds office.
5) There is a frequency of phone calls between Mr. Nagmode and Mr. A above.
Can the FIR registered u/s 7,13 of Prevention of corruption act 1988 against my friend be quashed ?
Plz provide citations of Supreme court/ High court judgements if possible.
thank you. waiting eagerly .
Thanks a lot Sudhir Sir,Goyal Sir.
But I wants to add that
1) Mr.Nagmode complained to AC BUREAU that he needs NOC from My friend (DEO)
2) My friend has not signed this file / also not given NOC .
3) The bribe was accepted through(rather given to) another person office Superintendent (who argued that the amount was forcefully inserted by Mr Nagmode in his pocket)and there is no complaint about this person.My friend never told to give bribe to this person.
my friend is innocent.and is in depression.
plz answer this query so that FIR against my friend be quashes as early possible or to face the trial.
4)AND after arrest my friend argued that this issue do not fall under my juris-diction. Don't involve me in this case. This time the AC Bureau officials rejected this plea and revised there complaint as - My friend demanded rs 60 thousand for sending this proposal to Deputy Director of the region.(which is by rule not possible.)
5) proceedings written by clerk, Superintendent and Deputy Education officer in the said file were against the rule .It seems that clerk and Deputy Education officer were involved in conspiracy against my friend.
6) till today this proposal is in the EO's office. AC Bureau can not help Mr. Nagmode to get his NOC as it can not be given by rule.and off-course Mr Nagmode does not want to receive it.
7)AC Bureau officials did not use Govt witnesses. they were never present with the complainant.But they have signed all documents as if they were present with the complainant Mr. Nagmode.
8) FIR is as per sec 7,12,13(1)(d) r/w 13(2). both My friend and accepter were arrested and released within 24 hours on bail.
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Plz help me
my father is DDO in an organization under MHRD and also holding the position of Dy.Registrar accounts.He has been charged for not deducting proper TDS from the employees salary for which institute has paid penalty of 8 lac to ITO.
Now the higher authorities have transfer him on other position and a committee for inquiry has been made and he has been so caused for such mistake.
But this mistake was not exactly made by him the calculation of TDS and deduction as well as submission of such deduction on time is done by the dealing assistant who place the file before him.
Please let me know what shall we do.
Is mistake made in working under good faith is punishable.