Krishnaiah Krishnsiah
21 June 2022 at 23:06
Dear experts
A person filed a perpetual injunction suit against the defendants but defendants failed to file counter and written statement despite giving many opportunities also imposed costs also to file counter and WS and the court passed an exparte and posted for the plaintiff evidence.
On the date of the plaintiff evidence when the plaintiff is about to give evidence he is about 70 years old having many ailments due to his age the deffendant counsel requested the court that without petition I am going to file set aside petition objecting to give the evidence of the plsintiff
Is it a proper way?Even after passing the decree also defendants can file set aside petition. But why his hurry I don't know. Perhaps ,wants to delaying tactics.
Is there any remedy or action on the defendant counsel or any other remedy?
Kindly advice on this.
Thanq.
Anonymous
21 June 2022 at 21:08
Myself G C ARUN KUMAR, completed my M.tech and worked as Assistant professor in Engineering college we're i completed my B.tech..i am old student served for 2 years.due to my health issue I relieved from college after completing all my formalities...but they are not giving my original certificates...i submitted medical certificate also....plse give me suggestions
Anonymous
21 June 2022 at 16:37
Well I want to know from the experts, I have taken a loan from bank and from 3 years I m playing my interest without any failure bank is mentally touching me like they are telling me we will stop ur CC that I m having problems in not maintaining CC then even though I have given 3 lakh FD n my land to bank they are telling FD n Paper work are not perfect my? Is if paper work is not Oki n if I have not given FD then how they approved my loan before n now when I showed them that I have given FD n Land paper after that they are telling me u are not maintained account so tell me how can I maintain my account when from 1.5 years my business was close bcz of CORONA VIRUS this year I m Manton my account but then also they are mentally Harasing me that they will recall my CC what should I do. I'm feeling very worried I live with my 1n half year child n wife n only with this business I m alive if they will close suddenly where I will go after all this also I never faild to gv my interest
Ranbir
21 June 2022 at 15:54
Dear sir,
I ranbir, like to state that my father has a dormant saving account in icici bank for last 10 years and he does not have interest to activate it
Few month back some icici bank official visited my house and demanded my father his signatured aadhar card and directed him that it is required for his dormant account .
My father denied and asked him the reasons for the same
The bank officials gave him the reason that wrong fund transfer has been done in his dormant account and his signatured aadhar card is required to return back the money to the person who has done wrong fund transfer
My father requested them to give a letter explaining the wrong fund transfer
And also give an acknowledgement after receiving the signatured aadhar card
But the bank officials are not willing to give any letter in regard to the same but are threatening to file FIR against my father if he does not provide his signatured aadhar card
Sir the problem is a torture for my father for last few months please help with the same
Anonymous
21 June 2022 at 15:12
Dear sir
I would like to submit composite claim form for final settlement of pf because my employer do not provide digtal kyc in pf department and is not co operating to withdraw money as advance I am facing financial problems for my mother s medicine she is facing asthma. After corona period my employer did not provide any identity and as labour of his establishment and my salary bonus is pending no information regarding esic benefit,no loan facility in company. Plz help to know abt procedure to file CCF for Pf.
Anonymous
21 June 2022 at 14:32
Dear sir
My mother is asthma patients and we are talking medicine from our family doctor on debit basis when I was employed I never keep bills pending but after corona period I was unable to pay bills, doctor provide us medicine and keeps writing treatment charges in his record book but still did not provide exact amount to pay, whenever I asked him about that he says are u paying full amt at a time . I am suspect that he is demanding more amt of charges, he did not provide his one day charges information, I am afraid that I will suffer for DC in future because my mother s case is not normal and I don't have cash in my hand for other doctor fees. Plz guide.
Adv Umale Ganesh
21 June 2022 at 09:09
whether the relinquishment deed be valid if it's made in favor of a joint owner who had purchased the property as a relatives
Anonymous
21 June 2022 at 08:54
can relinquish deed be executed between the owner and co-owner who purchase the property by sale deed
Madhu Mittal
20 June 2022 at 21:06
A Loan is given to a Proprietorship Firm on the basis of post dated cheque of Proprietorship Firm duly signed by its Proprietor and A Promissory note signed by his son as Authorised Representative of Proprietorship Firm. When cheque presented, it was dishonored due to Insufficient Fund . Legal notice was got issued to 1. Proprietorship Firm 2. Proprietor 3. Authorised Representative. No reply from anyone of three.Case u/s 138 was lodged and Cognizance was taken against all three, Proprietor and Authorised Representative got bail. Substance of accusation was stated u/s 251.Now An application for discharge without mentioning Section in trial court has been put by Authorised Representative taking pleas that there is no relation of his with Proprietorship Firm and he was falsely implicated. Now there is A Supreme Court three bench decision Named Adalat Prasad V Rooplal Jindal in which it was stated that now remedy for accused is only u/s 482, Trial Court can not review its decision.Now there is a Supreme Court Decision Named Raghu Lakshminarayan Vs. Fine Tubes Decided On: 05.04.2007 according to which Proprietor Concern is not a Company u/s 141 N I Act, so its employee can not be implicated as accused. The reasoning for this decision not 100 per cent correct, according to someone’s view and mostly based on civil law which is also not correctly interpretated.
Now u/s 141 N I Act , Company means ……….includes a firm or …..
Here as per someone’s interpretation, a Firm is written, not Partnership Firm. So there a strong pleas that ‘a firm” includes not only both Partnership Firm Registered and Unregistered, but Proprietorship Firm also. Reliance is placed on following namely :
1. HIGH COURT OF MADRAS ,Swathi Creations Vs. Sivanandham Agencies, Decided On: 17.12.2004 MANU/TN/1575/2004 2. HIGH COURT OF ANDHRA PRADESH, Y. Venkata Reddy Vs. Jagadamba Enterprises and Anr. Decided On: 03.01.2002 MANU/AP/0893/2002
2. at : https://marketbusinessnews.com/financial-glossary/firm-definition-meaning/ A firm is a commercial enterprise…sole proprietorship, ..
3. Payee Proprietorship can lodged case u/s 138 (SC decision in Shankar Finance and Investments Decided on 26.06.2008) whie in Civil suit not in Payee name
4. It is settled law that statutory provisions shall have precedents over the judicial pronouncements
Now Guidelines is sought on following points:
1. Whether SC decision Adalat Prasad V Rooplal Jindal is sufficient to get application of Authorised Person dismissed at Trial Court ?
2. What is the correct law whether Proprietorship Firm is a company or not u/s 141 N I Act ?
3. If Proprietorship Firm is a company u/s 141 N I Act, how to deal with SC Decision Raghu Lakshminarayan Vs. Fine Tubes a) at trial Court 2) at High Court u/s 482 3) Whether can be called decision per in curiam on the basis of above
4. Anything else, by which Proprietorship Firm can be recognized a company u/s 141 N I Act
5. Any other guidelines, so that application of Authorised Representative can be dismissed not only at Trial Court level, if necessity arises u/s 482 also.
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Chhaja (visor) ownership
sir there is a chhaja above ground floor just below first floor.
we stay on 1st floor and have put fiber sheet and jaal on it for our safety for past 10 years as all our windows open up on chhaja side .
the person on ground floor claims that the chhaja belongs to him.
kindly clarify its legal position?