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manoharmpm (defence service)     24 March 2014

Please advice

i had filed a writ petition against the judgement of jr. division court for the amendment of points in suit .the high court has dismissed the writ petition on 28/1/1014 . now have show the case to another reputed advocate suggested by my friends .as per him my case was strong and due to the previous advocates negligence court has dismissed the writ petition .i have demanded the copy of judgement to my previous advocate since last two month but still not received . plese advice me can i appeal in supreme  court now after receiving the order copy what is the limit to appeal in supreme court.or can i file again new writ petion in high court. plse reply urgently .

 

manohar more



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 March 2014

The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.

Puthran (Proprietor)     25 March 2014

Hello,

 

I have owned twin flats (flat nos. 202 & 203) with single entrance in a Registered Society in Mira Road, Thane Dist. Maharashtra.

 

I have sold both the flats to single person. He has registered 202 in his younger brother and sister in law’s name. 203 is registered jointly in his name and his wife as well.

 

The procedure for 203 is completed.  I have received the full payment for the same.

 

The stamp duty is paid and registration for the 202 is done.  To avail the loan from the bank, the bank is asking for NOC from the Society.

 

I have printed the NOC as per bank’s format and given to the Secretary to signature.  He in return discussed with Chairman and Treasurer and decided not to give the NOC.  While asking the reason for the same, they are asking me to make the transfer charges for both the flats @ 30,700 per flat.

 

I asked them to give me the same in writing which they are not ready.  Finally, they asked for the time to consult with somebody which I agree. 

 

Since there was no response from them, I sent a SMS to both Secretary & Treasurer next day seeking the status of my NOC.  The treasurer replied me to pay the Soc Transfer Charges after which I will get the NOC.

 

I forwarded the same msg to the Secretary asking him whether this is decision of Mg. Committee or the treasurer himself.  I also asked as to which Professional they have consulted with.  Even after almost 2 hours no reply from the Secretary yet.

 

Please do let me know whether I am bound pay the Soc Transfer charges for both the flats to get the NOC as asked by trio of Chairman, Secretary & Treasurer and SMS reply by the treasurer. 

 

Till Dec. 2013 I was the Secretary of the Society and never forced anyone to pay the Soc Transfer charges for getting NOC from the Society.  This is total new Management w.e.f 1-Jan-2014.

 

Pl advise.


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