Anonymous
22 February 2010 at 15:54
a mobile tower is constructing in the adjacent property. what to do for stopping the construction? what are the laws applicable in this field
Anonymous
22 February 2010 at 14:38
I received a notice in 2005 from the municipality regarding my compound wall/boundary wall. The said wall is on my land & was constructed in 1973-74. I filed a suit in city civil court. The Municipality did not file any reply. I had pleaded to the court that the Compound wall be declared 30 years old & The notice issued by Municipality was barred by time & bad in law.The matter proceeded without the defendants reply. in support of my claim the 3 plaintiff's gave evidence & they were cross examined by the municipality's lawyer. My Lawyer told me that since the municipality has not filed any reply we need not worry & no other evidence was required. However the Learned judge dismissed our case & mentioned that our contention that the wall was contructed 30 years ago is not proved. Now my lawyer says that the learned judge has erred in his judgement. Is my lkawyer right ?
Sumir
22 February 2010 at 13:01
I had given practical exam, during which the examiners gave marks with pencil initially and latter these were manipulated. I had filed an RTI with university, if it is allowed to give marks in pencil during practicals initially, and latter change. Despite of no such written information, the university stated that yes it is allowed, in fact, justified it saying that this avoid mathematical mistake and cancellation etc.
It is possible to ask for reexamination? what are chances of wining the case, and under what time, please help urgently.
(exams were held in December 09, result declared on 10th FEB, 2010; myself has failed)
Anonymous
22 February 2010 at 10:28
Dear Sirs/Madam,
In many agreements one may find the clause which is similar to ‘the doctrine of severability’
[i.e. if any clause in the document determined to be invalid or unenforceable the remaining provisions of the agreement shall not be affected thereby and shall be binding upon the parties and shall e enforceable as through said invalid or unenforceable clause were not contained in the agreement.]
If one can draft a document containing clause as mentioned herein above… can one also incorporate ‘the doctrine of eclipse’ in agreement????
Is there any precedent, ruling of courts etc????
[Agreements = License & Assignment of Copyrights, MOU etc...]
Thanks.
Anonymous
22 February 2010 at 08:38
Hi
The appeal limit to approach upper court is 30 days from the date of judgment. What if the holidays like summer vacation (whole May month) falls in this 30 days limit period? Or this vacation is excluded from the appeal period?
For ex if the judgment date is 25th Apr after this entire May month vacation comes then what will be the start and end date of appeal limit?
kanti kumar
21 February 2010 at 22:51
Hello,
I just have a query that can a primary document be brought to court by respective public department if an application is moved for the same, can it be done at the stage of cross examination of the witness where the secondary document being confronted on which witness sign appears and he is denying the document under which section we can do that
thank you.
Anonymous
21 February 2010 at 20:58
A division bench of Allahabad High Court has held that for an application for re- determination of compensation amount under s 28A of the Land Acquisition Act, filing of certified copy of the award is not mandatory, there fore, time spent in obtaining the certified copy can not be excluded from the limitation period.The high court set aside the order of Addl. Collector on the ground that application was filed after 90 days. - [(2009)4 UPLBEC 3725].
Is aforesaid view of the court correct?
Amandeep Singh
21 February 2010 at 12:22
My father Gurchaaran Singh after death left two properties one at Mohali and other at LUDHIANA. aS PER ARBITRATION AWARD the property of Ludhiana came to my share and property of Mohali to other brother.MY brother challenged the Award and demanded that the Award may be set aside on the following ground, that he has spent Rs. seven lac for the reconstruction of Ludhiana house and also demanded that an oral promise was made that RS. 19 LAC will be paid after issue of TS 1 OF M.Corp.He has no proofs in respect of such claims and he had not spent any amount in respect of the same.
After that a compromise deed has been signed in court and it was accepted that RS.549,000 will be paid to my brother and the para reads as under :
"0n receipt of Rs.549000 all the claims of Kuljit Singh in respect of the estate of
GURCHARAN SINGH shall be fully settled."
Please answer how much money I have to pay my brother Kuljit Singh.
Y.P.Sharma
21 February 2010 at 11:46
Dear All,
Please help in the following:
We have land which was in the name of my Sister earlier.I was the GPA holder of that Land. in 1992 i made an agreement with A for pledge(rahan) of the land in Rs. 4lac & given the possession.But I received only Rs. 2lac, and A refused to get this agreement registered & did not paid balance Amount.And due to his Political approach he got the girdawari khasra in his name for that land as "gair marusi"& the concerned recors is missing from the office & moreover not notice was served to me.In 1998 I transfer title of the land in the name of my two sons i.e.B & C.
In 2001, A had cut some of my trees from that land. I made a application to the local P.S. but due to his political links it was of no use.However the senior officer of P.S. put us underpressure to sell the land.We went to the sub registrar office & made a agreement to sell of the land in favour of A in Rs. 4Lac & B received the Amount of Rs.50K but C was absent at that time so in place of C, I sign the Agreement.In that agreement it was written that we have the dispute of land with A.And he has possession over land from 1992.There are some trees,Tubewell & machinery of B&C is left which they would be take away before the Registry of the land.and date of registry was fixed after two months.
On the date of Registry,B got himself present in the s/registrar office.
In the year of 2004 A made a civil Suit for specific performence which is represent by his legal heirs as he died in 2008.
Apart from this D,son of A made a appication to Asst. Coll. Grade II for durusti of giradawri(possession) in his name on the basis of possession/Sell agreement.In reply of this application C has asked him under which capacity he is demanding the same but this appeal has rejected by the A/Coll.
Pls advice what should we do,keeping in mind,that possession made was unathorised.
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cosumer case against builder
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct by masonary and r.c.c. concreting otta/balcony & handover the flat to me after that i fixes grill on masonary work of otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony . and mentioning of 730 sq feet area as a flat area.
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason. please say court decision in my favour or not.