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Anonymous

Posted 1 year ago

CAN I GIVE THE RIGHTS OF ADVERTISING MY SHOP INVENTORY TO AN ONLINE COMPANY OR I HAVE TO TAKE PERMISSION FROM THE MANUFACTURER ?
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A. Yes you can. If the product is from particular brand and you dont have the dealership of that than in that case you have to seek the permission from the manufacturer or brand owner
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GANESH SHARMA Exp: 3 Year(s) Faridabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I am currently not able to pay even minimum amount due for my credit cards and as result recovery people are visiting my home and forcing my wife to call me from her phone and make them to speak to me through. First they talk to me and demand money very arrogantly but when i deny for the payment then they declare that they will come at my residence and be there till they recover dues . Now in this scenario what can be done ? Is this style of recovery allowed ? What legally they and i can do ?
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A. Not allowed. File Criminal complaint. It is not thing but recovery through muslemen which is banned by Supreme Court. ==================================================================================================== ICCI Bank Limited vs. Prakash Kaur case, The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives. "We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said. The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank. It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations. The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court. According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously. Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban." "RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated. RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him." "The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed. The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma. Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle. The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Nirmal Chopra Experience: 20 Year(s) New Delhi
In a Family Bungalow, in possession of 2 brothers, 1 brother has rented out his portion of the house to his best friend. This friend / tenant has a car. The brother who resides in that house has objected to the tenant parking his car in the common compound of the family bungalow. He has no problem with the other brother parking his vehicle, but strongly objects to the tenant parking his vehicle there. Nothing about parking is mentioned in the Leave & Licence agreement. Can the tenant park his vehicle in the common compound of the rented premises?
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A. You can obviously park your vehicle in the space meant for your landlord. It is the discretion of the landlord to decide as to who will use the space which falls in his share but at the same time his co- sharer I.e brother in present case can raise an objection that space is meant for owner being joint property. It is better you sort out the issue amicably
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Nirmal Chopra Exp: 20 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah

Anonymous

Posted 1 year ago

Residential property of 234sq.yds court ordered for 7shares plaintiffs opted for advocate commission defendants agreed for the same filed a petition requesting the court to fix rate considering the market value as property is not divisable and defandent is already in position of the property holdings 3 shares and commission conducted on 6th may waiting for the results to be declared on 12th June. Kindly advise what is the next course of action and will the court fix present govt market value and ask them to to sell the same to defandent for rate fixed by court.
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A. Dear Sir, First opportunity must be given to the defendant as he is co-sharer then if refused to purchase for market value. It there would be any dispute then evidence has to be lead. Then Court directs for public auction and amount will be divided as per shares.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
I was working in a management role for a MNC in Gurgaon. The employment letter is silent in terms of termination with notice. I was being harassed, bullied, humilated by my manager. When I escalated to higher management, instead of initiating a case, they disclosed my concerns to my manager. He with higher management conspired to terminate me. I also met with an accident on duty. Office doc said they can't define recover period. Despite which I was terminated without any notice and not paying damages for the accident etc. After termination, I sent an email to Ceo, after which they said they initiated an investigation but ICC was not there. They are not even providing my details like payslips etc
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A. Dear Sir, Get issue a legal notice and then approach the Labor Court or Civil Court Or High Court for remedy. The law on notice period is as follows ========================================================================================================== Is notice period (3 months) legal in India? It may help to think of a buyout agreement as a sort of "prenuptial agreement" between co-owners: It determines what will happen if your corporation's owners decide not to stay together 'til death do them part. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty. Every document signed in India is legal in India provided that: • Adhere and comply within the jurisdiction of the law/s such labor law etc.. • Not Forbidden By Law such as in IPC act 1860. • If Permitted It Would Not Defeat The Provisions Of Any Law (other subsidiary law such as FEMA, SEBI etc) • Does not Opposed To Public Policy. Conclusion: On the basis of above discussed, it can be easily understood that the ambit and scope of section 23 of the Indian contract act 1872, is vast and therefore the applicability of its provisions is subject to scrutiny by the court of the consideration and object of an agreement and the agreement itself. Therefore, in order to bring a case within the purview of section 23, it is necessary to show that the object of the agreement or consideration of the agreement or the agreement itself is unlawful. I'll keep it short and simple: Either party - employer or employee can terminate the contract by giving sufficient notice or compensating accordingly. In such a case, employer is bound to release the employee without any fuss, assuming that either of the above two conditions are met. So, if your organization doesn't allow you to buyout the notice period, please feel free to knock on the doors of the Indian judiciary. The following key issues should be highlighted: • A 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience, with 15 days’ pay due for every year worked. In the case of manufacturing units, plantations and mines with 100 or more workmen, termination for convenience requires prior government approval; in other sectors, it requires only government notification. • Termination for cause does not include non-performance – it includes only behaviour which qualifies as misconduct. • The ‘last in, first out’ principle requires that the employer first terminate for convenience the last people to join the organisation in the same role. However, this requirement can be contracted out of. When hiring for the same role, workmen who were terminated for convenience should be given the opportunity to re-join the company. • State laws generally provide for about 15 days of earned/regular leave a year. Employees also benefit from up to 10 days of sick leave and a possible 10 additional days of ‘casual leave’. This is generally more than what most organisations would ideally like to provide. • Most state laws provide for ‘casual leave’ – the employee can opt not to come to work that day without applying for leave in advance. Many organisations find this disruptive. • Most state laws restrict women from working at night; if women are to work at night, specific approval must be obtained. This exemption is granted only to limited business sectors (eg, IT sector). Further, the employer must offer door-to-door transport and meet some security-related requirements. • Most state laws prescribe overtime for any hours worked beyond 48 hours in a week. However, this is seldom observed. • Indian law regulates and in some cases prohibits the use of contract workers. To engage contract workers, the contractor must hold a licence and the employer must be registered as a ‘principal employer’.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata

Anonymous

Posted 1 year ago

My mom and father are class 3 govt employees with income more than 8 lakh and income is from govt salary ..Am i eligible for making Non creamy Layer OBC certificate ??
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A. No, better show income of father only and get certificate. If you are too honest then also problem.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
i have filed a execution application against the consumer forum (narnaul) order, in which opposite party is directed to pay 10 lac rs to me with 10% interest rate. But she do not pay me any amount. and she donot have property to her name. President(Judge) asking me to file property details of her, i checked at tehsil but she do not have any propery. No i gave an application to Judge for her imprisonment( civil jail) for not obeying the order but the Judge gave my application back and said that we can not take any such type of action against the opposite party as she is a WOMEN. And now saying me to withdraw the execution application. What can i do now ? we can not do any action if the opposite party is a ladies. Confused. CONSUMER COURT NARNAUL (HARYANA)
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A. Dear Sir, As per following judgment she is liable for imprisonment read with section 27 of Consumer Act ============================================================================================================ Madras High Court Radhika Purushothaman And Anr. vs Kala Manivannan And Anr. on 21 April, 1999 Equivalent citations: 1999 97 CompCas 782 Mad Author: A B Khadiri Bench: B A Khadiri JUDGMENT Akbar Basha Khadiri, J. 1. The petitioners invoke the inherent jurisdiction of this court under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings in E.P. No. 17 of 1998 in O.P. No. 320 of 1996 on the file of the District Consumer Disputes Redressal Forum (South), Madras. 2. This petition has arisen in this way : The first respondent filed O. P. No, 320 of 1996, on the file of the District Consumer Disputes Redressal Forum (South), Madras, against the petitioners herein, for refund of certain sum of money, The redressal forum passed orders on December 13, 1996, whereunder the petitioners were directed to refund a sum of Rs. 14,280 to the complainant and also to pay a sum of Rs. 5,000 by way of compensation with cost Rs. 500. The petitioners did not make any payment and therefore, the complainant instituted execution proceedings in E. P. No. 17 of 1998. In that E.P., the Consumer Redressal Forum passed orders sentencing the first petitioner to undergo simple imprisonment for a period of three months. Now, the petitioners have come forward with the instant petition to quash the proceedings. The only contention of the petitioners is that the first petitioner is a woman and as per the provisions of Section 56 of the Civil Procedure Code, a woman is not liable to be arrested in execution of a money decree. 3. Heard both the counsel. Section 56 of the Civil Procedure Code, recites as under : "56. Prohibition of arrest or detention of women in execution of decree for money.--Notwithstanding anything in this part, court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money." 4. Section 25 of the Consumer Protection Act, 1986, recites as under : "25. Enforcement of orders by the forum, the State Commission or the National Commission.--Every order made by the District Forum, the State Commission or the National Commission may be enforced by the District Forum, the State Commission or the National Commission, as the case may he, in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the District Forum, the State Commission or the National Commission to send, in the event of its inability to execute it such order to the court within the local limits of whose jurisdiction : (a) in the case of an order against a company, the registered office of the company is situated, or Radhika Purushothaman And Anr. vs Kala Manivannan And Anr. on 21 April, 1999 Indian Kanoon - http://indiankanoon.org/doc/1028618/ 1 (b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated, and thereupon, the court to which the order is so sent, shall execute the order as if it were a decree or order sent to it for execution." 5. Section 27 of the Consumer Protection Act, 1986, recites as under : "27. Penalties.--Where a trade or a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both : Provided that the District Forum, the State Commission or the National Commission, as the case may be, may, if it is satisfied that the circumstances of any case so require, impose a sentence offen prisonment or fine, or both, for a term less than the minimum term and the amount less than the minimum amount, specified in this section." 6. It is needless to point out that the Consumer Redressal Forum has passed a money decree and that decree was sought to be executed in E. P. No. 17 of 1998. But the Consumer Redressal Forum has imposed a sentence of imprisonment for one month on the first petitioner under Section 27 of the Consumer Protection Act. Learned counsel for the petitioners cited several authorities before me to lay stress that the proceedings shall be quashed. But the decisions do not apply to the facts of the instant case. In Managing Director, Nadippisai Pulavar K.R. Ramaswamy Sugar Mills v. Fareed Bawa , my learned brother P. Sathasivam J. has held that no compensation can be awarded where loss has not been proved. This is a factor touching the merits of the matter. An ex parte decree has been passed against the petitioners and therefore, if at all the petitioners can raise such a point, the petitioners have to do it before the appellate authority. 7. The next series of the decisions referred to by the learned counsel for the petitioner relate to the point whether the means of the petitioner have to be ascertained before proceeding with the execution of a civil money decree. In Jolly George Varghese v. Bank of Cochin, , his Lordship V.R. Krishna Iyer J. has held that the simple default to discharge is not enough, that there must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it, that the provision emphasises the need to establish not mere omission to pay but an attitude of refusal on demand verging on dishonest disowning of the obligation under the decree. This has been reiterated in Anuma Gounder v. Ponnusami [1981] 2 MLJ 229, wherein it has been observed that the judgment debtor should be given an opportunity to show cause why he should not be arrested and put in the civil prison as contemplated by Order 21, rule 40(1) of the Code. The view expressed by His Lordships V.R. Krishna Iyer J. referred to above in Jolly George Varghese v. Bank of Cochin, has been reiterated in Kunchumerra Rawther Ali Rawther v. Mathai Thomas, , and in Alagappan v. Rajaguru and Co. [1985] MLJ 331. These are all factors touching the execution of the money decree Radhika Purushothaman And Anr. vs Kala Manivannan And Anr. on 21 April, 1999 Indian Kanoon - http://indiankanoon.org/doc/1028618/ 2 passed by a civil court. Of course, it is settled law that by virtue of Section 56 of the Civil Procedure Code, a woman cannot be subjected to arrest in execution of a money decree. 8. In the instant case, we are not concerned with the arrest of the first petitioner in the execution proceedings. She had been sentenced to imprisonment under Section 27 of the Consumer Protection Act. Learned counsel has referred to a decision in Joint Secretary, Gujarat Seed. Education Board v. Dakshaishwarlal Dhorajiya [1993] 1 CPR 203, where the State Consumer Disputes Redressal Commission, Gujarat, at Ahmedabad has held that before an order can be passed under Section 27 of the Consumer Protection Act, show-cause notice should be issued against the concerned person who is alleged to have disobeyed the order of the redressal forum. That is not the point raised before me by the learned counsel for the petitioner. The only point is that the first petitioner is a woman who should not be subjected to arrest. In Vikmans v. Rakesh Kumar [1992] 1 CPR 287, the State Consumer Disputes Redressal Commission at Delhi has observed that the proceedings under Section 27 of the Consumer Protection Act are criminal in nature. A plain reading of the section itself would show that the section is punitive. It mentions penalty in the form of imprisonment and levy of fine. Therefore, when it comes to criminal proceedings, it cannot be said that the Criminal Procedure Code differentiates between a man and a woman as done under Section 56 of the Civil Procedure Code, a person whether man or woman is liable for punishment for violation of the order passed by the forum. Therefore, the principles of the Civil Procedure Code cannot be applied to the punitive provision of the Consumer Protection Act. I do not find that this matter can be admitted. This petition is rejected. Radhika Purushothaman And Anr. vs Kala Manivannan And Anr. on 21 April, 1999 =========================================================================================================== Section 27 in the Consumer Protection Act, 1986 27. Penalties.— 95 [ (1) ] Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 96 [or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both: 97 [***] 98 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974). (3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.]
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nirmal Chopra Experience: 20 Year(s) New Delhi
Is missing report in police Thana affect in police verification. Only application produced. No online entry
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Dear Sir, I\'m in the process of Gift Deeding my self acquired immovable property to my Sister. So, I\'ve completed the below documentation; 1) Gift Deed Draft 2) EC - upto date 3) Khata Certifcate 4) Upto date BBMP tax paid receipts. 5) POA to my father. Attested by Indian Embassy (as I\'m NRI). My Questions; a) Pls tell me any other tax like TDS / 26QB payment to be made & other documentation requirements for the registration. b) I have an existing LOC issued under chargesheet sections 420, 406 - Complaint is filed by my own wife & FIL to extort money; hence this Gift deed. c) My wife & our only girl child: Can they ever claim their share in the property. Or even cancel this Gift Deed anytime later in future. Religion is Hindu. Your advises will be of great help.
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A. Your question is can your wife and her people file a claim ?, Yes they can, as no one can be prevented from filing. But, if the property is self acquired by you, your wife only has right of maintenance, and if you do nt apy up as per order of court, to that extent your gift deed may fail, apart from this, they will not succeed in getting anything more.
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Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Ashish K Dongre Experience: 12 Year(s) Thane
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hi, I have taken a franchise of an online mobile repair portal. While I have paid all charges mentioned in their quotation for starting the business, the support from the franchise has been very poor. I made contact with other franchise of the same company, and found that they all were facing similar issues with franchisor. However, the most shocking issue that I came across was that the person who had been dealing with me as Shaad Rahman had met other franchise as Rahul Verma. We all got suspicious about him and the entire company. I asked Shaad Rahman about his real identity and responded that he would do anything to help his business. His comments are available on a WhatsApp chat. I request advice on if such impersonation is a cognizable offence as per Indian laws? What recourse do I have if the person and the company are found fraud upon full investigation? Shall continue doing business with them? I have not yet signed a franchise agreement with them.
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A. You must take legal action against them but with all caution and strategy as they may run away with your money and you will keep hunting for them.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Nirmal Chopra Experience: 20 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ashish K Dongre Experience: 12 Year(s) Thane

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