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Disclaimer: The information providing here is for general awareness. Author is not responsible for any consequence through use or misuse of the same. This blog is designed for general information only. The information presented at this blog should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advices regarding their individual legal issues.

Friday, January 30, 2009

The paid instalments amount got from chit company after discontinuation of the chit

Brief facts of the case:
The consumer was a member of a chit for Chit value Rs. 1,50,000/- .The consumer paid 3 months instalments. Thereafter he became a bid prized. As per the Chit Act the consumer/member has to furnish 3 guarantors. He failed to produce the 3 guarantors according the rules of the company. The company neither paid the bid amount nor return the paid amount of chit. Then the member approached to the District Forum for a direction to the company to pay the amount which was paid by him to the chit company. The District forum after conducting thorough enquiry, found that there is deficiency in service on the part of the company/Opposite party and directed to pay 3 instalment amount with 12% interest to the complainant.

Against this the company filed a First Appeal , the state consumer commission heard the complainant at length. The Appellate court passed an order modifying the order of the District Forum and directed the company/Appellant to pay the amount after deduction of 5% foremen commission and remaining part of orders of the District forum confirmed.

This case was filed by me for consumer and got favourable orders.

Thursday, January 29, 2009

LIC Policy claim-Consumer Dispute

Brief facts of the case:
The complainant husband had a LIC Policy. The husband of the complainant had two wives. Due to family disputes, the husband murdered by the family members. Thereafter the 1st wife claimed for insurance amount. The LIC/ Opposite party rejected to pay the claim amount because the 1st wife was the responsible for murder. As per Hindu Succession Act the murderer is not entitled for deceased properties. A crime was registered against the family members including the complaint. In Criminal case, the complainant was acquitted. The consumer approached to the Dist. Forum Kadapa. The District forum also dismissed the complaint of the complainant on the ground that the complainant was responsible for deceased murder. Thereafter, the complainant filed First Appeal before the State Commission Hyderabad. After conducting thorough enquiry, the Commission expressed that once acquitted in the murder case. The complainant is entitled to inherit the property of the deceased and passed order, directing the LIC/OP to pay the policy amount to the complainant.

This case was filed by me for the consumer and got favourable orders

Faulty ATM machine-Refund of amount which was not drawn

Brief facts of the case:
The consumer is an account holder in bank (X) and the said bank is having tie up with another bank ( Y). The consumer operated the Automatic Teller Machine ( ATM ) for money from Y Bank. But the Machine did not yield the money and issued slip by saying ‘ Contact Bank’. Then the consumer approached to the bank. The bank ( X ) also issued claim form to the consumer. The bank (X) was also wrote a letter to bank (Y ) to find out and pay the amount. After some time, the bank (X ) deducted some amount as wrong claim charges. The consumer issued a legal notice through an advocate. After that bank remitted an amount Rs. 5,000/- along with wrong claim charges to the consumer and expressed sorry for causing inconvenience. Thereafter the consumer approached to the District Forum Hyderabad. The Hon’ble District Fora after conducting thorough enquiry in the matter and passed an order, directed to the banks ( X ) and Bank ( Y ) to pay Rs. 5,000/- as compensation and pay Rs. 1000/- as legal expenses to the consumer.

This case was filed by me for the consumer and got favourable orders.

Wednesday, January 28, 2009

Absorption of Contract Labour, Causal Labour and Village Electricity Workers in APSEB

Brief facts of the case:
The petitioners worked as contract labour, Causal Labour and Village Electricity Workers in the A.P. Transco and A.P Genco (Previously known as APSEB) years together. For absorption of the said workers, the APSEB has issued B.P.Ms.No. 36 & 37 dt. 18-5-1997. As the said B.Ps they are entitled for absorption. Thereafter the APSEB issued another B.P. 271 dt. 31-12- 1997 by imposing certain conditions for absorption of the said workers. The APSEB interviewed and rejected their absorption as the conditions not fulfilled as per the B.P. 271 dt. 31-12- 1997. The same was questioned before the Hon’ble High court of A.P. The Hon’ble Court said in W.A. that the board can not operate the B.P. 271 dt. 31-12-1997 as retrospectively and can operate as prospectively. Therefore the WA was allowed and directed APSEB to absorb the said workers.
This case was filed by me for the petitioners and got favourable orders.

Tuesday, January 27, 2009

Adoption of a child in India

The Hindu adoptions and maintenance Act 1956.

Requisition of a valid adoption:

No adoption shall be valid unless

(i) the person adopting has the capacity, and also the right, to take in adoption:

(ii) the person giving in adoption has the capacity to do so

(iii) the person adopted is capable of being taken in adoption: and

(iv) the adoption is made in compliance with the other conditions mentioned in this act.

Capacity for a male Hindu to take in adoption:

Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:

Provided that if he has a wife living he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

Explanation : if a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reason specified in the proceedings proviso.

Capacity for a female Hindu to take in adoption

Any female Hindu
(a) who is of sound mind
(b) who is not a minor, and
(c) who is not married or if married whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has caused to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound min, has the capacity to take a son or daughter in adoption.

Persons capable of giving in adoption

No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

1. Subject to the provisions of (sub Section (3) and sub-section (4), the father, if alive shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound min, has the capacity to take a son or daughter in adoption.

2.The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of competent jurisdiction to be of unsound mind.

3. Wthe both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a Court of competent jurisdiction to be of unsound mind or where the parentage of the child may give the child in adoption with the previous permission of the court any person including the guardian himself.

4. Before granting permission to a guardian under sub-section (4) the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.

Explanation for the purposes of this section:

(i) expression 'father' and ' mother ' do not include an adoptive father and adoptive mother.

(ii) 'guardian' means a person having the case of the person of a child or both his person and property and include
(a) a guardian appointed by the will of the child's father or mother and
(b) a guardian appointed or declared by a court: and

(iii) 'court' means City Civil Court or a District Court within the local limits of whose jurisdiction the child to be adopted ordinarily reside.

Persons who may be adopted:

No person shall be capable of being taken in adoption unless the following conditions are fulfilled . Namely

(i) he or she is a Hindu;

(ii) he or she has not already been adopted;

(iii) he or she has been married unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption.

(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.

Other conditions for a valid adoption

In every adoption, the following conditions must be complied with:

(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption;

(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter ( whether by legitimate blood relationship or by adoption) living at the time of adoption;

(iiI) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty one years older than the person to be adopted;

(iv) of the adoption is by a female and the person to be adopted is a male, the adoptive father is at least twenty one years older than the person to be adopted;

(v) the same child may not be adopted simultaneously by two or more persons;

(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth (or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption;

provided that the performance of datta homam shall not be essential to the validity of an adoption.

Effects of adoption:
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption and from such date all the ties of the child in the family and his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family:

(a) the child can not marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;

(b) any property which is vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any attaching to the ownership of such property. Including the obligation to maintain relative in the family of his or her birth;

(c) the adopted child shall not divest any person of any estate which is vested in him or her before the adoption.

Right of adoptive parents to dispose of their properties:
Subject to any agreement to the contrary, adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will.
Determination of adoptive mother in certain case:

(1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother and the others to be step-mother.

(2) Where an adoption have been made with consent of more than one wife, the senior most in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers.

(3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child.

(4) Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child.

Valid adoption not to be cancelled
No adoption which as been validly made can be cancelled by the adoptive father or any other person, nor can be adopted child renounce his or her status as such and return to the family of his or her birth.

Presumption as to registered documents relating to adoptions:
Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and assigned by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

Prohibition of certain payments:
(1) No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section.

(2) If the person contravenes the provision of sub- section (10, he shall be punishable with imprisonment which may extend to six months, or with fine or with both.

(3) No prosecution under this section shall be instituted without the previous sanction of the Sate Government or an officer authorised by the State Government in his behalf.

Monday, January 26, 2009

Appointment for land displaced person in the concerned firm/institution

Brief facts of the case.
The petitioner's land was acquired by the Bharath Dynamic Limited in the year 1986. Compensation was paid by the BDL to the land displaced persons. A Memorandum of Understanding reached betweeen LDPs and BDL. Later provided employment on causal basis as fitter to the petitioner. Thereafter removed from services without following due process of law. The petitioner approached the Hon'ble High of A.P. After hearing both the parties, the Hon'ble High court of A.P., directed the BDL to reinstate the petitioner in the company, with full back wages. Later BDL filed Appeal before the Division Bench. The Hon"ble Division Bench directed the BDL to reinstate the petitioner, and stay was granted for payment of back wages.

This case was filed by me for petitioner and got favourable orders

Wednesday, January 7, 2009

Maintenace for muslim deserted or neglected wife

Brief facts of the case:

Muslim deserted or neglected wife can also claim her maintenance u/s. 125 of Cr.P.C.

A case held by the Hon'ble High Court ofA.P., in the case of X ( wife ) Vs. Y (husband).
Y neglected his wife (X) and his children. Then X filed a case for maintenance for her and their children before the Judicial First Class Magistrate. After filling of the case, the husband had given talak. Thereafter the court below conducted a detalied enquiry and found that there is negligence on the part of the husband. Therefore the court below granted mainteance of Rs. 500/- for each p.m. total 1500/- ( before the amendemant of the Cr.P.c 2003) as per that they granted the said amount. Against the order of the Court below the husband Y filed a crl.Appeal before the District Judge. The husband contended that u/s Sec. 3 of the Muslim women (protection of rights on divorce ) Act, 1986 and that his wife is entitled for maintenace for a period of 3 months only and not under section 125 of Cr.P.c. As far as children are concern no argument were submitted. The wife contended that her husband negleted her and children and had illegal contacts with another lady. Ultimately, the Hon'ble District Judge had an opinion that at the time of filing of the maintenace case, the wife had not filed affidavit u/s 5 of the Muslim women (protection of rights on divorce ) Act, 1986 and a;lso not complied the rule 8 of said act. moreover, in view of full bench decision reported in AIR 1991 the wife is not entitled mainteance beyond the iddat period. Hence the Appeal allowed.


Agaist that the wife preferred Revision before the Hon'ble High court of A.P. and the wife contended that she is not divorced wife as on the date of filing of the case and subsequent divorce also not valid one. Therefore the revision petition may be allowed. After hearing the both the parties, and found that the Muslim Women (Protection of rights on divorce) Act has no application in this case. The wife and children can also claim maintenance u/s section 125 of Cr.pc also and set- asided the order of the district judge and confirmed the order of the court below. As per the order of the Hon'ble High court She and her are entitled to get the amount. of Rs.2, 35,000/-.

This case was filed by me before the Hon'ble High Court of A.P. and got the favourable orders for the wife and children.