Copy of the judgement
Guest
(Querist) 23 April 2012
This query is : Resolved
Judgement delivered on 30 Jan 2012 by the special court. Copy is yet not ready says the court clerk. What is the remedy?
Raj Kumar Makkad
(Expert) 23 April 2012
The limitation is not going to expire for filing the appeal. The limitation shall start from the day of the preparation of the copy but ensure that you have already filed the application seeking certified copy.
V R SHROFF
(Expert) 23 April 2012
when did u applied for certified true copy is deciding factor to-calculate Limitations for Appeal.
Devajyoti Barman
(Expert) 23 April 2012
Complain to the REGISTRAR meant for that court.
Shonee Kapoor
(Expert) 23 April 2012
Have you applied for certified copy?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 23 April 2012
No it was all verbal. Should I apply for the copy of the judgement?
prabhakar singh
(Expert) 24 April 2012
Verbal has no place to occupy when it comes to count any limitation for appeal.
When the judgement was delivered on 30/01/12,it counts more than 83days already passed today on 24April.You have lost the time if it is 30 days,if 90 days,you have 7 days.Rush up to apply for copy.
Guest
(Querist) 24 April 2012
In my case I am told it is the other party which complaint and based on which Police filed a case against me is under time limit to appeal against the judgement as special court has dismissed their case against me. I need the copy of the appeal to file a civil case in respect of my parking space.Is that in order?
PARTHA P BORBORA
(Expert) 24 April 2012
If u r aquited from the case you can not claim a free copy. So apply for certified copy as soon as possible.
Guest
(Querist) 25 April 2012
I will do that right now. Thanks all.
Guest
(Querist) 08 May 2012
Copy is not yet ready. Court clerk says that's special court with staff on loan from the regular court. Will take time.Is there a limitation?
V R SHROFF
(Expert) 08 May 2012
verbal apply had no meaning. Apply in writing for Cert true copy
Guest
(Querist) 09 May 2012
Of course I have done that in writing.
Guest
(Querist) 17 May 2012
Court order is not yet ready.Court is closed due to summer vacation. Will it effect my appeal to civil court asking the builder/apts association to revise/review parking space to me.
Guest
(Querist) 30 June 2012
Written submission filed-Court order not yet ready. Excuse-shortage of manpower, special courts etc etc.
Guest
(Querist) 11 July 2012
I was given a date at 1600 hrs to collect the copy . It was today and the advocates were on strike across the country. The court clerk was absent.Do not know when will be the next date.
Guest
(Querist) 03 August 2012
I am yet to receive my copy of the order.It is not traceable as per the court office. I know it's deliberate. People are asking for bribe which I detest. What are my options? Pl do not advice me to file a writ petition.
Guest
(Querist) 09 August 2012
Vis the court yesterday. But the court clerk could not locate the file.In fact I was told that the order had been collected by some other advocate in the name of Sri Venkatesh. I asked him to check once again. He asked me come another day.All the formalities to get the documents complied with. What should be my next move-bash on regardless?
Guest
(Querist) 12 August 2012
Finally a copy of the order is handed over to me yesterday. How do I now go about it?
My case in gist:- I booked a 3BHK Flat in its drawing stage. I requested for Flat No 104. Some body else also wanted that though did not pay any advance.The builder assured me if that person is not willing or delay in paying the advance on that very day I would be alloted 104 (First Floor)or else it would be Flat No 401 (Fourth Floor). The Receipt for cash Advance make a note of Flat Not 104/401 as both are of almost same carpet area.All customers were to be given free car park as per the declaration by the builder.Builder helped me in getting the HDFC loan which was to be given directly to the builder in four instalments.
Being in the Army and posted far fling area s I gave General Power of Attorney to my Brother-In-Law for all purposes including settlement of minor disputes with the builder. Frankly speaking I never studied that GPA.
Flat was ready in two years and was taken possession by my Brother-in-law as I could not manage leave.I was told the apartment is being handed over to the newly formed Owners Society which will allot Car park based on the carpet area of the Flats (there are TEN 3 BHK flats appx 1250 sq Ft and fifteen 2 BHK Flats appx 900 sq ft).I was informed by my brother-in-law that car parks had been alloted with mutual consents though he was not informed when the decision was taken.Mean while I vis Sec'Bad on some temp duty and had a look of my Flat 401 as Flat No 104 was alloted to someone else.My car park was the smallest with vertical pillars right angled to the boundary wall making it difficult for person like me of long driving experience being in the Army.I checked the details from my brother in law who told me that he had spoken to the builder as well as the President/Secretary of the society who had assured him of review of the allotments as most of the 2 BHK owners were in possession of much bigger car parking in more convenient location in the basement.
To cut short the story , I lost my brother-in-law who died prematurely and I then came back permanently to Secunderabad and shifted to the new Flat. I was still in service. It was almost six times a day one army officer is required to go to his office on an average. I face difficulties in parking my car and taking it out as quickly as it was required. So I kept my car in one of the vacant car park alloted to Flat No 304 whose owner was working abroad.Till the time I was in Uniform none objected. I raised the point during General Body Meetings twice to sort out my car parking problem. The society took the view that allotment had been done by the Builder and they had nothing to do. The builder bought time stating that he had lost the allotment and need to get a copy of the allotment from the society. I retired in the month of Jan 2009.A few months I found on my return with my car that car park alloted to Flat No 304 is blocked with Two Scooters and a motor cycles. Those belonged to Secretary and the vice President of the society.Car park next to it belonged to Flat No 301 which was then vacant. It was appx 2130 hours on 8 Jun 2009. I parked my car in the vacant car park marked for 301 belonging to Secretary of the association.
Next day in the morning I was called by the local police. There was a case lodged against me for parking my car to another car park. I informed the police that car park alloted to Flat no 304 was to be vacated so as to move my car to that space.It was not heeded.
a few days later I was arrested from my Flat at 0730 hrs and then detained and then charged under Sec 304 and 506 and remanded to Court where I was released on bail. The case had now been dismissed on 31 Jan and I have now got the order only yesterday.
I am interested to file a case of defamation, a civil case for getting my proper car park. Pl advice.
V R SHROFF
(Expert) 13 August 2012
""am interested to file a case of defamation, a civil case for getting my proper car park. Pl advice.""
ans:
Defamation is not advisable, yes can try civil
Guest
(Querist) 13 August 2012
The society was registered with AP Registrar in the year 2002.I believe it is to be renewed on a yearly basis along with the details of the newly elected office bearers.This has not been done for the past 5 years.Is the society is still operative?
If yes, whom do I approach first to get my due share of the Car park proportionate to my size of the Flat? As per the statement on oath to the First Magistrate by the office bearers car parks were alloted by the Builder. Do I have to petition against the builder?
