Amit Bhandari
19 August 2018 at 13:01
I had filed a complaint against another advocate u/s 35 of Advocates Act in Delhi Bar Council. They gave me a complaint number and informed me that complaint would be taken up in due course of time and inform me of the same. As nothing happened on my complaint for 01 year, I requested the BCI to take up my complaint case u/s36(2). BCI replied to me stating my case is not covered u/s36(2) as action can be taken only if complaint is pending before a Disciplinary Committee of the State Bar Council. They further said my complaint had not yet been taken up by State Bar Council u/s35 for consideration as to whether prima facie, a case of professional misconduct is made out or not. The State Bar Council had to conclude the proceedings within 01 yr of receipt. But nothing has happened in last 01 yr and 08 months now. Is 1 yr period counted from the date the complaint is referred by State Bar Council to its Disciplinary Committee? Is it necessary that complaint has to pending before Disciplinary Committee only then BCI can take it up and not otherwise? If yes, how can I ensure that complaint is referred to Disc. Committee without any more delay? We do not have control by when complaint is referred to Disciplinary Committee and by giving this excuse they can sit on the complaint for many many years. As State Bar Council is doing nothing with the complaint and BCI has refused to take it up u/s36(2), what is the solution? Is BCI supposed to take action under any other legal provision? Should I approach Delhi HC/SC to direct BCI to take up the complaint and conclude it?.
SHREYASH
18 August 2018 at 14:19
Case Description
sir,
i am resident of bholav gram panchayat of bharuch city outskirt which is now in limits of bauda bharuch ankleshwar urban developement agency.
my plot number is 11 and 12 in society of 32 plots. facing my plots is old national highway converted to state highway. i purchased plots in 2006 .
and after 2 years i came to know that facing my plots (the common area for society holders) there is registered deed (year 2005) made by society developer sanjay organizer to naresh bhai parmar which is illegal because the common area is given to all plot holders in registered deed for made for every plot holder so that revenue tax is not burden for him.
ere is no plot number or direction defined in registered deed, only area measurements. the person who bought this land is goon and haressing us because we fought against his deed entry in panchayat for 8 years to cancel his entry 7x12. now gram panchayat , mamlatdar , prant office, collector all have neglected his appeal for the plot entry of 7x12. so his deed is just a piece of paper
but now he is coming with various other parties to sell them the land. i want to know whether is i can do civil case for cancellation of deed after 13 years passed and get justice. if yes can i have judgement of similar cases previously., we are in lot of trouble mentally and physically tired of this goon since 2007 past 12 years.
i want to have justice. we asked local lawyers similar question but they it is not possible because deed has to be challenged in 3 years.
but as we were having case against him in local panchayat mamlatdar collector various govt offices for this many years we could not do civil case.
how can you help us. sir. if needed i can attach other document please mention it.
mail me sir. shreyash 9724150276
Ankit
18 August 2018 at 09:54
I did a registered partnership deed with a land holder that we will make flats on his land and will invest 50% each in making flats and will then sell the flats. Share in the final amount received will be like this:
First government rate of the land will be taken by the land holder
Then rest amount will be divided between two of us.
Three months back flat construction got complete and land owner sold the flats without informing me and without giving me my share.
Please suggest what shall I do now, I have done 50% investment in construction of the flats and flats are sold and I haven't received a single penny.
swetha
18 August 2018 at 09:29
Dear Experts,
I am swetha. I filed maintenance case u/s ORDER VII RULE 1 against my husband. At the end of the case court ordered rs.8000 per month with arrears from the date of filing. Two years have gone after the order is passed. My husband has not given me the maintenance amount. He is asking me to wait till 4 years so that he will be able to give me ONE TIME settlement amount
My Question is:
If I wait another 4 years, and if he deny the maintanance after 4 years, Can I file EXECUTION PETITION? Because by the time 6 years would have been passed after the maintenance order is passed? Will my EXECUTION PETITION be eligible after 6 years?
Thanks in Advance
Swetha
swetha
17 August 2018 at 22:02
Dear Experts,
I am swetha. I filed maintenance case u/s ORDER VII RULE 1 against my husband.
At the end of the case court ordered rs.8000 per month with arrears from the date of filing.
Two years have gone after the order is passed. My husband has not given me the maintenance amount.
He is asking me to wait till 4 years so that he will be able to give me ONE TIME settlement amount
My Question is:
If I wait another 4 years, and if he deny the maintanance after 4 years, Can I file EXECUTION PETITION?
Because by the time 6 years would have been passed after the maintenance order is passed?
Will my EXECUTION PETITION be eligible after 6 years?
Thanks in Advance
Swetha
Samudra
17 August 2018 at 11:36
Inam land was occupied by the Indian Army
Inam land was occupied by the Indian Army illegally and constructed buildings. On proving ( by submitting the documents) of our ownership they have entered into a lease agreement retrospectively. Now using a clause in Telangana Inam Act., "that a person can claim the ownership; if they are in position of the land on 1-11-1973"., Laying their ownership claim on this lease land.
Can an Indian Army claim this as are under lease and paying the lease amount on the above said date( Lease amount is not claimed by us for last 10 years as the case is running between Indian Army and us) to the Inamdar.
Please advise me how to about it, is it fair on the part of Indian Army?
Thanking you ALL in advance expecting a quick reply.
daljit
17 August 2018 at 10:46
Sir
I am working in Punjab Govt. Board situated in Chandigarh, as a Information Assistant on regular post for the last 20 years. My query is regarding seniority list of Information Assistants, wrongly finalized in my Board/department by the authorities and i was mainly affected by this. After that i file a CWP in Hon'ble Punjab and Haryana High Court Chandigarh in the month of Nov-2017, which is pending. Secretary of the Board (IAS Officer) is pressuring me to withdraw the case, and he is mently harassing me that i will transfer you in some bad place of the office there will no time to think about your case. He asked me there is no benefit of court case, it is waste of money. Leave it. Three times he is insulted me in front of officers and my colleagues and junior staff. Now he is asking to administrative officer to transfer him from the computer section to some bad place. Please advise me i have any option to put this matter in Hon'ble court on coming hearing date ( i.e 31-Aug-2018). and what are the point i should put in the Hon'ble court. Please advise ASAP. Sir please give me some suggestions. As my advocate is not giving any solid solutions.
Thanks
Daljit Kumar 9501602348
Raghuram
17 August 2018 at 07:55
Sir what is the meaning of contested dismissed can we make an appeal where we need to appeal how long it will take to resolve the appeal is it necessary to file an appeal in high court or can we file it in any other court because our high court is in Hyderabad and we reside in Visakhapatnam
Member (Account Deleted)
16 August 2018 at 15:42
i was working for an organisation where faces mental harassment from my seniors and colleges. i even filed a police complaint but later i took my complaint back when the matter reached to my senior manager and did not filed the FIR. but even after the complaint, harassment continued and i left the organisation and joined the different place. Since this is a small world and at my current job, they knew the matter at my previous organisation and it affecting my job here too. One day, due to mental stress and i was under the influence of alcohol. i called up my previous organisation's recorded official line and used all the bad language including the religious remark to my ex-colleges. Later i was sa ked from my current job too with no clear reasons. They even filed a police complaint against me. Police called on my cell twice (I found it from true caller it�s from police). I also found that they filed a complaint to harasses me from police wala. I getting difficulties to get job another place. What I can do.
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Court fee.
Respected Lawyers Sirs - I filed a case of specific performance in Delhi High Court in September 2006 as per jurisdiction and value of the property. I had deposited the requisite court fee. But in around July, 2015 when the case was at final argument stage, it was transferred to lower court by an order upto the value of Rs.2 Crs. The lower court delivered judgement in September 2016 which was challenged in Delhi High Court. Again I had to deposit the required court fee. Now the single bench judgement has been delivered setting aside the lower court judgement but the reward is just insufficient. I was to place the case before the double bench. Please advice whether the court fee shall be payable again for the third time for the same case in the same court. Also please advise whether the SLP can be filed in SC. Kindly suggest.
Best Regards,