Advocate. Arunagiri's Expert Profile

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Amit Kaushik says : Custody of child to mother suffering from HIV +
Can a mother get the custody of child. Mother and child of about 6 years both are suffering from HIV+. Kidly tell me case law on this point.

Member (Account Deleted) says : Time frame to conduct domestic inquiry
Dear Sir, We want your advise on matter /point of delay in conducting domestic inquiry. The scenario is as under:- 1. The unionized workers of our factory went on sit in strike from 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months). 2. On 13.04.2007, we have asked striking workers to give undertaking to management and resume on duty. 3. Thereafter many times we have appealed workers to withdraw and resume strike but no one is turned back. 4. After passing of 17 months, on 8 Dec 2008, management have issued charge sheets to all workers through RPAD/UPC. 5. All posts returned back to management with various remarks of postmaster like Addressee is not traceable, refused to accept etc & management have filed the same. 6. Now the matter is on board Vide no IDA/05/2007, on stage to lead and record evidences. In 1st date we have produced in court, evidences of, muster roll, notice displayed, return mails, etc. 7. Further in our claim of statement we have prayed to court that, That it be declared cessation of work in combination and concert and under the common understanding resorted to by a section of workman of the first shift on 4th April 2007 and continued by section of employees in general, second and third shifts and whose names are set out in Annexture- A, on 4th April 2007 and thereafter continued on day to day till withdrawn is illegal and unjustified strike. That it be further declared that the workmen whose names are set out in the list of Annexture A are not entitled to any wages or benefits on and with effect from 4th April 2007 and thereafter for each day til the illegal strike is withdraw. For direction or mandatory order directing the workman list in Annexture A, be unconditionally and unequivocally withdraw the illegal strike execute undertaking in terms set out in notice dated 12th April 2007 and to resume full normal duties. Cost be granted. Any other and further relief as this honorable court may deem fit and proper. We apprehend that court can give speaking order to management to take on duty to striking employees at any stage and examine the intention of both parties. For this management is not prepared to face the music. In view of above mentioned you are requested to advise on the issue. a) Is it advisable and legal to conduct the inquiry after about 4 years of misconduct ? b) Could it be legal if after conducting of inquiry if workers are dismissed and Challenge the dismissal orders? c) Whether we should again issue of charge sheet to the worker as earlier send in Dec 2008 or frame new one adding the charges of illegal absent from duty from 3years and 10 months?. d) Whether the inquiry initiated after such long period would consider it legal and proper ? Thanking you in advance for the time and your valuable advice. Regards Meman

sandip says : moot problem
sir i am final year student of law and no experience of preparing moot court. sir please help me for preparing the below moot problem. On january 1, 2005 one ramesh while he was travelling from bangalore to pune by chennamma express was detained at belgaum railway station by the railway police and a suitcase containing a sum of rs. 5,00,000/- was seized from him on the suspicion case under section 411 ipc read with sections 41 and 102 of the cr.p.c was registered against him. Meanwhile intimation about the seizure of money was sent to the incomce tax authorities at belgaum on 2nd january 2005. On 4th january 2005, the income tax inspector belgaum sent an information to the commissioner, income tax department, belgaum about the fact of possession of aforesaid amount by ramesh and also that he did not have any papers and document regarding the ownership and possession of the amount. the commissioner issued a warrant of authorization under section 132a of the income tax act, 1961 on the basis of which the income tax officer sent a letter of requisition to the station officer incharge, railway police belgaum requiring the station house officer to hand over the seized sum of money to him(incom tax officer) who had been aouthrized by warrant of authorization to receive it. Meanwhile the railway police after completing the investigation submitted the final report on 15th january, 2005 wherein it was stated that the money found in the possession of ramesh did not represent stolen property or property acquired from any offence. Ramesh moved an application before the railway magistrate, belgaum praying that the money which had been recovered from his possession, be returned to him as it was not required for the purpose of any enquiry or trial. he further relied upon the fact that the railway police had given a final report in his favour. In these facts and circumstances, argue on the application filed by shri ramesh on behalf of the applicatn as well as on behafl of the income tax department. please rply me on my email id patilsandip975@gmail.com

SUDEESH KUMAR says : VALIDITY OF 50 RS STAMP PAPER WTHOUT REGISTERING
CAN YOU PLEASE GUIDE ME ON VALIDITY OF AGREEMENT MADE IN 50 RS STAMP PAPER WITHOUT REGISTRATION NOT MENTIONING THE DATE OF AGREEMENT ENDS.

aparna says : inheritance
My dad's mother's great grand mother purchased a property in 1901 in Kerala and died intestate. I would like to know how the property would be divided and who the legal heirs will be. As far as I know, the great grand mother had 4 children(all are dead), 2 of whom died issueless,one had a son and the other had 2 daughters. The son also died and now only his grand son is alive. The 2 daughters are still alive and out of them 1 has a son and the other has 5 children. These people also have children. How will the property be divided and who are the correct legal heirs. Please advise.

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