Anonymous
11 June 2010 at 12:27
Hello Members,
I am advocate, I want to file an appeal against the National Commission’s order in Supreme Court, Kindly refer me a good and competitive advocate for Consumer matter practicing in Supreme Court…
where we have filled complaint under section 2 d (ii) of Consumer Protection Act, on the ground of consumer “as beneficiary of such services other than the person who hires the services for consideration paid”, Where An order has been passed in our favor from Dist. Consumer Forum the opposite party filled an appeal in state commission, where though legally all points were in our favor, but somehow state commission has issued order against us, while giving reason “the party in the suit cannot be said to be consumer”, due to new plea being taken up by the respondent’s lawyer. I cannot understand that the how state commission can issue such an order on the ground that we cannot be considered as a “consumer”, when the Dist. Consumer Forum has admitted our complain and after looking towards the fact has justified the matter in our favor?
Against which we have filed an appeal before the National Commission, where the National Commission has not looked into the fact of the matter, dismissed the appeal on its admission date itself, without looking towards the documentary proofs, citations & Legal aspects being taken up by us in the state commission. It just relied on the state commission’s order on only one point that “the party in the suit cannot be said to be consumer”. Then we filled review petition before the national commission again to get it justified again, but It was again dismissed by the commission with reason that “ petitioner seek to reargue the matter, which is not the scope of a review petition”.
Kindly Help Me...
NATARAJAN.K
11 June 2010 at 10:24
Opp to my bldg, there is a collector plot. Few months back construction of bldg has taken place in that plot. i came to know that the a builder has taken the plot frm the collector. An old Ganesh temple existed in that open plot for decades. But the builder has demolished the temple. I can to know that while claiming the plot frm the collector for bldg, the collector made a note that the builder should build the temple first and then start the bldg const. To my surprise the builder has cheated thousands of residents by promising to built temple. Now his construction is in full swing. Pl help me in drafting a good questions which I can ask the collector as iam very poor in building related questions. I on behalf of thousands of residnts appeal before you to help me in getting back the temple.
Anonymous
11 June 2010 at 10:07
Dear experts,
Please bring some light on to the following subject.
1. Whether a lawyer has right to carry out his professional practice at a residential apartment in which he is the owner of the property and a member of the society and pays all his dues?
2. If so, whether he can keep few associates at the same premises during the office hours where he stays and as of professional right?
3. What are the governing laws and procedures?
4. Are lawyers and CA’s exempted for their professional practice with regards to the point?
5. Can the lawyer mention the purpose of 3 phase connection of electricity at his residence for residential purpose? Is this connection which is required for bearing the load of few computers and air conditioners do breach or violate residential purpose and falls into commercial?
6. With this context where does the right of professional practice of a lawyer as of right stands?
The apartment is situated in the state of Maharashtra and duly registered. Request to all, please help me out before I may commit any violation. Thank you all.
Regards.
shantanu dekhane
11 June 2010 at 09:52
Explain the difference between resjudicata and Estoopel
Anonymous
10 June 2010 at 23:44
Can anyone give difference between STAY order and Order of Injunction?
vinod bansal
10 June 2010 at 22:53
R/Experts
An agreement against a consideration of Rs. 210000/- for using agriculture land(KAST)for a period of two years(2010-11 and 2011-2012)was executed in between my client and one other person.A sum of Rs 10000/- was paid on spot and it was settled that by way of agreement that remaining amount of Rs. 2 lac will be paid on 15/05/10 .Possession was handed over to 2nd party of agreement and he has started use of land of my client,15/05/10 date fixed for remaining amount has expired but OP didnot pay r/amount even now he is threatning not to demand money from him.Under which provision my client can recover his 2 lac Rs,what will be most appropriate legal step in given facts. kindly suggest. Thanx
aditya vadali
10 June 2010 at 22:03
dear friends,
please furnish me te details of getting licence for arms (pistol) and the requisites for that procedure.
sanjay kumar
10 June 2010 at 21:51
I am having a plot of land in thane maharshtra . the plot was purchased by my late father and late uncles .i an having 2 sons & four dauthers. my first dauther was married in 1986.my second dauther was married in 1989.my third dauter was married in 1995& fourth was married in 2000.now my fourth daughter is demanding equal share in that plot of land as per hindu sucession amendment act1994 maharashata. i am permanent resident of ranchi.
Does she can bring a partition for demanding her share in court
Vikas Aneja
10 June 2010 at 20:11
My client had entered into an agreement to sell on 17-11-08 as a purchaser of some land for total consideration of Rs. 7,10,000/- and he paid Rs 4 lac as earnest money and the date of execution of sale was fixed 2-3-08. My client got marked his attandence in the office of sub registrar but the seller did not come. Now I have filed suit for possession by way of specific performance and in the alternative for recovery of Rs. 8 lac as double the earnest money.
Now My client wants to recover the earnest money as the value of property has been reduced.
But now the other party appear in the court and without filing written statement, they filed an application in the court to execute the agreement as they are ready to execute the sale deed. they also make statement in the court in this behalf.
I object this and i asked the court orally that My client is also ready to get the sale deed executed in his favour but the defendant should pay compensation to my client as he got the benefits of the suit property and also got benefits of earnest money. But as I have not demanded compensation in the plaint, the counsel for defendant raised this point.I got adjournment for reply to application filed by them.
I know I can amend the plaint and demand compensation as there is provision in section 21 of specific relief Act to amend the plaint for compensation.
But the question is should i amend the prayer clause only or I should amend the whole plaint.
The other question is whether i can compel the court to give damages to my client otherwise I give up the claim of specific relief and to grant alternative suit of recovery.
And if i give up the claim of specific relief, is there any chance of dismissing of my suit.
How can i got back the earnest money without got specific relief?
Plz give suggestions and law points.
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accident case
helllo all learned experts
mr x was driving vehicle and his wife was pillion rider the driver come owner of hero honda turned into the bridge and expired
whether she is entitle to lodge mact case for the death of her husband if yes against whom pls guide me