yogesh thaware
11 August 2018 at 15:09
I had filed a review petition in central administrative tribunal Bombay in August 2017 against my OA dismissal.when the review petition was filed one of the member (administrative) of the division bench who passed the OA dismissal judgement was transferred to chennai bench of CAT.A new administrative member then joined CAT bombay.one original member (judicial) was still available and was the chairman of CAT.since one member of the original bench was transferred the review application was heard by one original judicial member and newly appointed administrative member.I construed it as a reconstituted bench.notice was issued to respondents and review matter was heard with as many as seven hearing dates.The respondents filed only one reply after three hearings (they were absent during first three hearings).during these hearings the written orders specifically mentioned the corum with names of original judicial member and new administrative member.The judge(judicial) reserved the judgement in March 2018 hearing but he again dereserved it and pushed the matter for another date of july to rehear both the parties again because some citations judgements in support of review application were submitted by my lawyer in CAT office after hearing and the judge wanted it to be properly indexed with synopsis which I thought was a deliberate delay tactics of the learned judge as the respondent party lawyer has no submissions/objections/aversions to make.this was done despite of the fact that the respondent lawyer had nothing to say or add whenever judges asked for his response or version (he plainly admitted of no response and remained silent in every hearing). Please remember that this original judicial member of corum was on extension (he was suppose to retire in January 2018 itself). he knew that he may get retiring orders anytime once the central government appoints a new judicial member which is what exactly happened as his extension was ended in June and a new judicial member was appointed.when my review application came in July for final disposal (pl remember the respondent lawyer has still nothing to add or object) before this bench it refused to dispose off my review application and instead ordered to reconstitute the bench and rehear the matter again which I think is a pure harassment by tribunal.The administrative member(he is now chairman) who was a part of that courum who heard this review matter for seven hearings would again be a part of a reconstituted bench and would again rehear this matter which I think is ridiculous and atrocious and making a mockery of Justice system.The tribunal is making me to suffer as I have pointed out some serious flaws and errors in the OA judgement.The OA was disposed off within four months and the judgement of review petition is not being given on one pretext or the other from last twelve months. now a reconstituted bench wants to rehear it again.The tribunal should either dismiss it if it does not find any merit in my review petition or should allow it.by not doing anything it is simply blocking my road to approach high court.this is frustrating a petitioner in worst possible way.In my view the administrative member who was a part of the coroum who heard this review matter throught the seven hearings is legally empowered to pass any order (dismissal or allowing) and there is absolutely no need to reconstitute the bench again and rehear this matter again.please remember the administrative member would again be a part of this reconstituted bench and he wants to rehear it again when he has already heard it.This is very funny as the last written order of tribunal says "The review application was heard by another bench and hence bench needs to be reconstituted".This means that The administrative member who has signed this order and was a part of that corum who heard my review petition all throughout seven hearings doesn't consider himself to be a part of that bench at all.
The rule is very clear with regard to review petitions.A bench has to be reconstituted only when both the members of the original division bench cease to exist.the admistrative member who heard and was part of the corum how can he totally exclude himself from the review proceedings.
all legal experts kindly comment on my analysis and specially on the aspect of administrative members functional and legal power to pass any order on my review petition without reconstituting the bench further.
md neshat ahmad
11 August 2018 at 13:06
Dear Sir,
My Uncle has forcefully occupied more than his share without Partition and made boundary inside house/room. we have approaches police they denied to do anything as he is the sharer.
please advice what we should do to stop is further work as well as for partition. From where and How we can take stay order .
This property is an ancestral property.
Anonymous
11 August 2018 at 12:52
Can NPA be done after issuing loan recall notice I have taken a loan in September 2009 due to some delay in payment of EMI Bank issued a loan recall notice on 21st February 2011 after that they have initiated arbitration proceedings in which an ex Parte award has been awarded against me meanwhile on 30th April 2011 Bank declared me NPA . In August 2016 Nbfc's were given the power of Surfesi . So they issued a notice under section 13(2) which is under challenge in Civil Court my questions are can they issue notice under section 13(2) as arbitration award is already under challenge and They were given the power of surfesi in 2016 and my agreement was done in 2009 can I challenge notice under section 13 (2)on the ground that they have declared me as npa after issuing loan termination /recall notice
Payal Sharma
11 August 2018 at 12:44
I need a lawyer for cheque bounce in Jhajjar... please help
Anonymous
11 August 2018 at 00:45
Sir.sadar namste A Person complain to nagar palika & police that the constucted building on govt land. Sir i havv contructed the same building in 2007 after getting diversion certificat alongwith permission from ngrpalika by bank loan and gave on rent to hospital. Every year paid all tax nothing balance up to 31-03-18, related to such building to ngrplika. To open medical shop tenant want NOC from CMO. Due to such complain raised cmo not giving noc as building is illigal construted in govt land. Your & family land has adjoied in govt land. Such land 35 Dismil is PUSHTAINI ihave constructed in 9 dismil.balace area of land is open and land owner is my family . As i am working in 160 km away from home town &complainer alongwith police mentally torcher to my 75 yrs old father what can i do sir. pl. Helpme. Can i apply to demarketion of my land ?
Anonymous
10 August 2018 at 16:30
An elder son has filed a case in civil court to challenge the will written by she in favour of younger son .after 9 months after death of mother,elder son has filed again after mother's death to include daughters.and samman has issued in this respect.
As sisters do not want any property nor any claim,then is it necessary to attend court on scheduled date.if daughters do not attend what consequences may be
Anthony
10 August 2018 at 14:51
My last hearing was on 9/8/2018.....in Bombay High Court.....During hearing both Parties (BMC Appellant)... and me Respondent....My Advocate
insisted on referring to lower court judgement .. in my favour....hence Hon. Judge...insisted to call for the File of the Lower Court(Dindoshi)...Now the Case Status shows......Admitted(unready)...what does it mean legally...
Thanks
Unnati
09 August 2018 at 23:41
Dear Experts,
I stay in CHS in Mumbai on ground floor. Few of Society members who own vehicles, park their two wheelers outside my house windows very nearby. Further, the vehicle cleaners come at irregular timing in the morning, thereby disturbing sleep. This hampers privacy. Also since vehicle are parked 24x7 the footpath is shabby as the sweepers don't sweep properly. This may cause health hazards.
I tried speaking and conveying the above inconvenience to the vehicle owners but in vain, they are not bothered.
I would seek opinion of experts whether CHS members are legally right to park vehicles outside others windows?
Also is there any remedy available to me. Should I approach the Managing Committee? Are they legally bound to resolve this?
Kindly revert. Thanking you in advance.
Thanks, Unnati.
abhimanyu
09 August 2018 at 13:31
Following are the queries:
1. When an Arbitrator during arbitration imposes cost on a party, who is entitled to such cost - whether Arbitrator himself or the opposite party.
2. In case the party on whom cost is imposed by the Arbitrator does not pay the cost at the direction of the Arbitrator, what are the options available before the Arbitrator.
Please advise.
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Mental harassment by our neighbour
Hi,
This is regarding mental harassment by my neighbour. We have been suffering mental torture for many years from our neighbour on the ground floor. The latest case is, we were installing split air-condition in our house and the unit has to be installed in the wall outside. This was being done at 3 pm as per society rules (after 2.30 pm the work can be done). Our neighbour took objection and told me to install the unit on top of our house. I asked her to complain to the society if she has any issues. After about half an hour, police came to our house and said that she had made a complaint about us. We explained to the police the details and they left. We have written a strong letter to the society and are awaiting their response. The next day of the incident we went to our local police station to file an N. C. Police said they do not file N.C. for civil matters and we should take it up with society and file a court case.
We need your advice on the next step as all our society members came to know that police had come to our place, which is not a good thing specially for respectable citizens.
Also, both my husband and I are retired hence we have financial constraints.
Please advice us so that we can stop this nuisance once for all.