Civil Law

How to enforce the arbitration clause bearing in the agreement? If the partnership firm is unregistered, its partner cannot file any suit against the firm for the enforcement of any right. As well as an unregistered firm cannot file any suit against the third party...

Whether a public auction can be treated as a valid public auction if it is not patronized by the public or not participated by the public.

In the instant matter, State Bank of India organized a public auction which was not patronized by any public participation /void of public participation. In absence of any public bid/participation, SBI submitted its bid and declared the sale confirmed in its favour.

Now SBI has been claiming that it has purchased the assets in the public auction whereas the owner of the assets is alleging that SBI has fraudulently grabbed its assets on the excuse of a fabricated public auction sale.

The borrower is suffering since last ten years. Further, the bank is also holding movable assets of the borrower since last ten years unsold, unattended and recently issued a recovery certificate without setting off, of the value of the movable assets. Can a criminal suit be filed against the bank?

एक आदमी ने एक कंपनी ज्वाइन की जिसके अपॉइंटमेंट लेटर में एक क्लोज था :-

“You are expected to promote and expand the business of the company. you will not directly or indirectly, either solely or jointly, engage in any service or other business or profession whether during or, after the hours of employment without written sanction from the company”

नौकरी के दौरान उस आदमी ने एक सर्विस प्रदान करने बाली कंपनी अपनी पत्नी और ससुर को निदेसक बनाते हुए बनाई! उसके बाद उस कंपनी का कॉन्ट्रैक्ट उस कंपनी में करा दिया जहाँ पर वो खुद कार्य करता था ! उसने आपने सीनियर को इस संबध में जानकारी नहीं दी ! परन्तु सभी नियम और कायदे कानून का पूरी तरह से पालन किया तथा किसी प्रकार का घपला नहीं किया नियमानुसार जिस प्रकार बाकि सर्विस प्रदान करने बाली कम्पनियो को काम दिया जाता था उसी प्रकार वो अपनी कंपनी को भी कुछ काम देने लगा और इसमें उसने कोई भी पकछपात अपनी कंपनी के साथ नहीं किया तथा उस कंपनी ने भी दिए गए काम को पूरी निष्ठा के साथ पूरी ईमानदारी के साथ बिना किसी शिकायत के पूरा किया जिसको अलग अलग विभागों नें प्रतिएक बार चेक किया तथा सही पाया! जिसमें उस आदमी का कोई भी interfere नहीं था ! अब सवाल ये हैं की – 

१. उस आदमी को क्या सजा हो सकती है.

२. क्या वो आदमी धारा ४२० का दोषी होगा.

३. क्या उसकी कंपनी के डायरेक्टर्स को भी दोषी माना जायेगा

४. जो contract ब्रेक हुआ उसके लिए किया दण्ड हो सकता है !

५. क्या अग्रिम जमानत की आव्यसक्ता होगी.

६. यदि हो तो कोई रेफरेंस केस भी बताएं

Sir, If anyone working in State Bank Of India at a clerical post applies for UPSC or State civil services are it necessary to take prior permission of competent authority for appearing said examination, if not taken and applies for two days of casual leave to appear the said examination.

Can his leave request be denied and will be asked to show the permission of competent authority by branch manager for appearing said examination at the time of sanctioning leave. If the employee went after the rejection of their leave and appear the examination.

Can his absence in-branch be taken as unauthorised? What are the guidelines regarding this and how to prove that this leave was right and it can’t be counted unauthorised?

I am a school teacher in middle school. I took an insurance policy for my two children and my wife. Insurance policy is for medical treatment up to 2 lac in selective hospitals. According to the policy, it covers all the critical diseases mentioned in the policy.

Insurance agent explained the terms of policy and said that insured person can avail this policy after the expiration of one month from the date of commencement of the policy. My child is suffering from heart disease.

When claimed medical treatment of my child under the policy it was refused by the insurance company that I was not stated health condition of my child at the time of insurance. Please help.

According to section 4 and 5-A of Maharashtra Restoration of land to Scheduled Tribes Act, 1974 a land purchased from tribal owner by a non-tribal between 1957 to 1974 is entitled to restore in the tribal person by the order of collector. The collector is empowered...

I was Bataidar of the agricultural land of Solan, Himachal Pradesh. I had been Bataidar from 1967 to 1977 and thereafter I purchased that land from the owner. There is a common well for irrigation of land. When I was bataidar I used that well for irrigation but when I became the owner of the land my previous landlord objected to using that well. He filed a civil suit for the injunction order for stopping me to use that well.

I have right to irrigation of agricultural land because due to irrigation I have paid more money otherwise the land would be sold on less price. His suit is dismissed by the court of the junior and senior division. Now he filed an appeal before the high court. Section 36 of the H.P. Tenancy and land reform act gives such right to me.

My company had signed a contract with another company for digging the land for construction of railway lines and rail bridges. At the time of the contract, all the terms and conditions were finalised by the other company. Other company published a tender for the construction work.

My company was the only one company selected for that work through tender. It is mandatory for the company to take the permission of the forest department which was refused by the said department.

So I want cancellation of the contract on the ground that when permission is rejected by the government so work cannot be initiated but the other company file a suit for breach of contract and compensation for the cancellation of the contract. What should I do?

I filed an eviction suit for eviction of the tenant on several grounds and non-payment of rent is one of them. The suit is filed under section 12(1); 12(3)(a); 12(4) Bombay rents hotel and lodging-house rent control act 1947. The tenant has not been deposited due rent on serving many notices to him in the last three years.

I need that house for residence because I am about to retire from a job. On repeated notice to him he reluctant to pay rent and also seek possession on the house by hook or crook. He complained in society about stopping basic facilities in house, demanding undue money for various purposes.

I want to know that if he’ll deposit due rent at any stage of proceeding can he get the protection of section 12[3][a] of said rent act?