bharat khatwani
09 September 2024 at 00:48
I am interested in cases where courts have deemed legal notices baseless or frivolous due to a lack of substantive claims or clear intent to pursue legal action, resulting in adverse consequences for the issuing party. Specifically, I am looking for judgments where the court criticized or dismissed suits because of defective legal notices, particularly in tenancy or rent control matters.
If you have any references to relevant case law or judgments where courts took a strict stance against such frivolous legal notices, I would greatly appreciate your insights. I am ready to compensate for detailed references or legal research.
Thank you in advance for your help.
shyam lal
08 September 2024 at 20:10
Charges are yet to be framed in the Posco case accused is in Judicial custody for the last one year in this situation can the accused apply for bail under the present new Law.
MANOJ KUMAR aGNIHOTRI
08 September 2024 at 15:55
I want to transfer my flat in NOIDA Gateway Housing society Sector -51 NOIDA UP to My real brother in blood relation through a gift deed. Society is treating both as seller and buyer and as asking Rs 50000/- from both of us. Please advice what are rules & charges legally in this case.
Ashok Kumar
08 September 2024 at 12:34
Respected Law Professionals,
I would like to know whether the personal appearance of the Complainant is required in a Complaint filed u/s 200 CrPC before a Ld. Judicial Magistrate? Kindly specify whether the appearance of the complainant would be required in the pre-trial stage, trial stage, or any specific points in time in either. I have heard conflicting advice from several advocates. Some who say that the personal appearance required for each and every hearing (though exemption applications can be submitted u/s 205 CrPC). Whereas others have informed me that personal appearance is only required for the personal statement and cross-examination (which is to take place twice i.e. at both the pre-trial and trial stages).
I would appreciate a definitive response so that I can understand whether it makes sense to file the Complaint whose jurisdiction is in another state. It seems that it would be a great hindrance to the service of justice if the personal appearance were to be required for each any every hearing - as the Complainant would have to strongly reconsider whether to even file the Complaint due to the severe obstacle/expense of repeated personal appearances.
Note that I have already exhausted the options of filing of Complaint before the police who did not properly investigate the matter and also the filing of an application u/s 156(3) CrPC, which directed the police to reinvestigate the matter, but the outcome was the same.
Thank you in advance for your time and response.
Anonymous
07 September 2024 at 13:09
Dear sirs,
There was a builder who created apartment complex and sold 500 apartments to buyers.
After 30 years these apartments are resold multiple times and now there are 50% first allottes and other 50% are subsequent / second owners.
Now apartment owners have figured out that builder had considered only 40% of the total land while calculating the UDS for the individual apartment at the time of registration but payment was taken considering entire land UDS.
At present builder is ready to correct the UDS abd want to update remaining 60% of thre land in owners by correction deed.
I have following questions ( mainly first one) :
Please respond to question no 1 atleast if you can't reply to all of them
1. Can builder update current owners ( 2nd or subsequent owners) sale deed to add /update UDS Is it acceptable and lawful herd to skip the previous owner ? It will be challenging to bring all previous owners/legal heirs for correction for all the apartments. Is there a legal way/alternate to handle this situation?
2. Do owner need to pay stamp duty on current land rater for increase UDS? as the payment for entire apartment including share in 100% land wad taken by builder from the buyers bu5 he missed to include the correct UDS.
3. Some people want to go ahead and correct their sale deed as they are first owner. Will they get more compensation comapre to people (second/subsequent buyers) who are not able to correct their sale deed?
Thanks for your time and help in advance
Regards,
Hari Konanur
07 September 2024 at 00:17
Namaste sir
I rented to one person a small room on first floor of our house
Now tenant not paid rent past 8 months and on absconding by locking the door
His mobile is not reachable
How to open the door and to let out others
Through some sources i came to know he living at his native by doing agriculture
Now what should i do
Please advise as 11 months agreement also expired
Regards
Narahari
Anonymous
06 September 2024 at 22:30
Hello all respected learned
wife admitted case under section 125 of crpc against husband and from the date of filling the said case she used to live separate from her husband (this duration is approximately 3 years) meanwhile husband and wife entered in compromise by the mutual consent with the permission of the court and started to live with each other on the said condition that if wife wish she will withdraw her case after the one week (next date of hearing ) but when she came before the court after one week she returned at her home of parents saying that harassment is same to same and not interested to live with husband and deserted her husband
after the said incident husband lodged suit for dissolution of marriage under section 13 1 i and other section and for the oppose suit of the husband from the wife side an application came to dismiss suit because she lived for one week hence it is the bar of limitation to file marriage petition
so please refer any judgment in same type case court held that when for compromise basis wife lived with her husband for one week it does not come to perview of constant marriage life
GIRISH AGRAWAL
06 September 2024 at 16:33
Breif of case….
1. May 2009:- In a 14 year old case, a criminal cheated 24 people and absconded.
2. in July 2009-Out of the 24 people, 8 people filed individual complaints filed to police.
3. In July 2009, a crime was registered in the name of 1 victim out of the 8 complainants and the names of the remaining 7 people were added as witness.
4. After this, from Sep 2016 All the 24 people together formed a victim front and kept filing joint complaints of crime in many offices.
5. In the year 2016, the police presented the absconding charge sheet in the court.
6. The criminal was arrested in the year 2017.
7. Currently, start prosecution evidence in case, but only 8 witnesses are mentioned in the witness list as per charge sheet and remaining 16 victims are not recorded in the list.
Query:
1. If the names of the 16 victims are not recorded in the police chargesheet then how will they record their statements in the court under section 164 crpc.
2. If there is any other remedies please tell me..
Thanks
Anonymous
06 September 2024 at 02:12
Batwara kes kiya ja ten sal ho gya ho hm cahte ha jld se jald faesla h
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Governmnet service matter
Sir, I am working as LDC in GOI, the post of LDC is isolated. My qualification is B.Com LL.B, In my Office the Post of Legal Assistant is vacant since 1995 to till date. Having a legal qualification, my office is utilized my service as legal assistant like court case hearing attending, filing FIR, assisting to authorized officer for power loom inspection under Implementation of Handlooms (RAP) Act’1985. During advertisement of legal assistant in my department I have applied for the post of legal assistant in 2010 with request to consider my application with apply section 6 relaxation of power as per RRs. However, the department is not put up my relaxation application on file and not submitted to higher officer for decision because my post is LDC is isolated and my application for the post of legal assistant is not considered. So then I have, file my case in CAT and order issued in favour of me. Then the department filed SCA in HC of Gujarat. The HC of Gujarat partly allowed order.
Sir, please clarify me as per HC order point No. 8, i.e. However, we direct the petitioners to examine the record for ascertaining the period for which the respondent was assigned the work of Legal Assistant, and pay him wages of the post of Legal Assistant for that period. As per this order I am entitle wage /pay of legal assistant for the whole period or for day in the period as ascertained by the department. The department ascertained the period is 04.11.1996 to 31.10.2012.
CAT, Ahmedabad Order:
The applicant had been selected as LDC, but he had the qualification of a lawyer and, therefore the department had very wisely utilized his service as legal assistant from 1996 onwards. He had been given a charge allowance of Rs. 2500/- somewhere during 2008. Apparently, from an earlier point onwards the applicant had requested for scale of pay of legal assistant, but that has not been granted on the ground that charge allowance has been given to him for performing higher responsible duties. the department also admits that his services have been utilized as legal assistant. their case is that he has not been legally appointed as legal assistant and therefore he cannot be granted the pay scale of legal assistant and, therefore contended by them that he is actually helping in the work of legal assistant and he is not actually appointed legal assistant and therefore he is not entitled for the pay scale of legal assistant. but this will not do. if the respondents were extracting the work of legal assistant, they are bound to pay for the work which he is performing. Therefore we will hold that the applicant will be entitled to the scale of pay for the work which is has been doing and not as per his appointment, which is technical in nature. Therefore it is ordered to grant him pay scale of legal assistant and to pay arrears arising thereform within three months.
2. At this point of time, the respondents raise issue regarding RR for methodology of deputation / absorption of legal assistant. there will not be any harm for the respondents either to depute or absorb him as legal assistant according to the rules and interpretation. it is crystal clear that having put the applicant to serve as legal assistant, he should have been paid wages of legal assistant. in this connection it is noted that the respondents have power to relax RR and having his services utilized, this discretion to exercise the relaxation also is very prominent.
ORAL JUDGMENT Hon’ble High Court of Gujarat
(PER : HONOURABLE MR.JUSTICE A.S. SUPEHIA) (1) RULE. Ms.Reena Kamani, learned advocate, appears and waives service of rule on behalf of the Respondent. With consent of the learned advocates appearing on behalf of the respective parties, the petition is taken up for final hearing forthwith. (2) Present petition is directed against the judgment and order dated 26.11.2015 passed by the Central Administrative Tribunal wherein and whereby the O.A No.250 of 2012 filed by the Respondent Original Applicant challenging the action of non granting of pay scale of the post of Legal Assistant is allowed. (3) The facts of the present petition in nutshell are that the present Respondent was appointed as Lower Division Clerk (LDC) on 04.11.1996. It appears from the record that the petitioner authorities were taking additional services of the Respondent as Legal Assistant as he was duly qualified for the said post. The Respondent requested the authorities to absorb him in regular service as Legal Assistant by relaxing the recruitment rules as there was no other avenue of promotion available to him. Since the respondent was not considered fit for the post of Legal Assistant, he was constrained to approach the Learned Tribunal challenging the said action of the petitioner authorities. The learned Tribunal vide judgment and order dated 26.11.2016 directed the petitioner authorities to absorb the respondent original applicant as Legal Assistant and pay him wages of the said post as he had worked as such. (4) Ms. Avani S Mehta, learned Advocate appearing on behalf of the petitioners, has vehemently submitted that the learned Tribunal has erred in directing the authorities to absorb the respondent as Legal Assistant as same is de hors the recruitment rules. She has submitted that the recruitment to the post of Legal Assistant is to be made by the department as per the recommendation of Union Public Service Commission (UPSC) after following up the process for filling up the post as per the mode and method of selection/recruitment provided under the Recruitment Rules. Accordingly, an advertisement was issued for filling up the post. The application of the Respondent was scrutinized by the department, and he was found ineligible. She has submitted that in wake of the aforesaid facts the learned Tribunal could not have directed the petitioners to absorb the respondent as Legal Assistant. She has also further submitted that the learned Tribunal has fell in error by directing the petitioners to pay wages of the Legal Assistant to the Respondent, as the duties which the petitioner were discharging cannot be construed as performing the duties of Legal Assistant. No further contention is raised. (5) Ms.Reena Kamani, learned Advocate appearing for the Respondent, has submitted that the judgment and order of learned tribunal does not required interference, and the same is required to be sustained. She has submitted that the learned Tribunal is justified in giving the direction of absorbing the respondent as Legal Assistant since he was performing his duties as such since 1996. She has also vehemently submitted that action of the petitioners in not paying the wages/salary as Legal Assistant to the respondent, despite having worked as such, is illegal and arbitrary. (6) We have heard the respective advocates appearing on behalf of the parties. After careful scrutiny of the judgment delivered by the learned Tribunal and on examination of the documents on record, we are of the opinion that the direction given by the learned Tribunal for absorbing the Respondent as Legal Assistant calls for interference as the same is erroneous and against the settled legal principles of law. (7) It is undisputed fact that the department had issued an advertisement for filling up the post of Legal Assistant. The same was also circulated. The application of the respondent for appointment to the post of Legal Assistant was examined by the department, and he was found ineligible for the same. The respondent is not eligible to be appointed as Legal Assistant as he does not fulfill the eligibility criteria of “having 3 years regular service in the posts in the scale of Rs.5000-8000 or 6 years regular service in the posts in the scale of Rs.4000-7000 or equivalent. The UPSC had specifically denied any relaxation of the Recruitment Rules while examining the applications of the employees. Thus, the learned Tribunal has exceeded its jurisdiction in issuing the directions for absorbing the respondent de hors the Recruitment Rules. It is settled law that an employee cannot be absorbed or regularized on a post if he does not qualify for the same. Merely the respondent was assigned the work of Legal Assistant, he cannot claim the right of being absorbed/appointed to the post of Legal Assistant that too by relaxing the Rules. Hence, the aforesaid direction issued by the learned Tribunal is quashed and set aside. (8) So far as the contention of Ms.Ramani for entitlement of wages for the period the respondent worked as Legal Assistant is concerned, we find merit in the same. Learned Advocate Ms.Avani Mehta is unable to dispute the contents of Letter dated 12.11.2008 issued by the petitionerauthorities wherein it is specifically stated that services of the respondent was utilized as Legal Assistant as he possess legal qualification (LL.B), and further request was made to pay him honorarium for such service. It seems that thereafter the respondent was paid an honorarium of Rs.2,500/per year as evident from the Letter dated 20.07.2011. Thus, the respondent was only paid a meager amount of Rs.2,500/- as honorarium per year for the services rendered by him as Legal Assistant. It is undisputed fact that the post of Legal Assistant was lying vacant and the respondent used to perform duties of Legal Assistant. In our considered opinion the Respondent is entitled to wages/salary of Legal Assistant for the period he worked as such. Ms.Ramani states that the respondent was rendering his service as Legal Assistant since 1996, whereas Ms.Avani Mehta has asserted that his services were utilized as such since 2008. We would like to abstain ourselves from entering into disputed question. However, we direct the petitioners to examine the record for ascertaining the period for which the respondent was assigned the work of Legal Assistant, and pay him wages of the post of Legal Assistant for that period. The amount of honorarium granted to the Respondent shall be adjusted while computing the wages of the petitioner for period in question. The entire exercise shall be completed within a period of three months from today. (9) The petition is partly allowed. Rule is made absolute to the aforesaid extent. Sd/[ M.R.SHAH, J] Sd/[ A.S.SUPEHIA, J]