Anonymous
11 March 2018 at 14:07
dear sir,
my query is :-
I am seeekin mesne profits 3 year prior to filing of the suit for possession and mesne profits. the unauthorised construction be the defendant cost rs 5 lacs , it has come on record in evidence..
I have computed the mesne profits based on rents received by the defendant in unauthorised occupation of my premise of rs 50 lacs based on evidences.
my query is :
can the defendant claim deduction of rs 5 lacs from the rs 50 lacs due to me as mesne profits?
vinay kala
11 03 2018
aditya
09 March 2018 at 22:34
1 Recently our case is solved in lok adalat, what is the procedure to redeem money paid to put case in court as case is now solved in lok adalat. One of the rules of lok Adalat is that if case is solved in lok adalat we get back the money paid to civil court. 2 Once our case was dismissed and we paid 10000 to revive this case few months back, can we redeem this amount also
sumer singh
07 March 2018 at 14:26
Hon'ble CAT decided that - "we direct the respondent to consider to upghrade the post of applicant from pay scale 6500-10500 to 7500-12000 as approved by the 24th governing body of department w.e.f. 1-1-1996. they are also directed to treat the post of applicant upgraded from the date the post of respondent 4 & 5 were upgraded. this exercise must be completed within 3 months and applicant shall be entitled to get all the consequential benefits after upgradation of his post w.e.f. 1-1-1996".
In appeal High court said that "direction to give the benefits on notional basis with effect from 01-01-1996 is also on the same line as per decision of the Board." we, therefore, find no fault with the order dated 20-09-2016 passed by the tribunal" with this clarification, the writ is disposed of.
respondent organisation sanctioned notional benefits up to 23.03.2014 and actual benefits w.e.f. 23-03-2014 but paid from 01-01-2014 and fixed wrong pay fixation and calculated wrong house rent allowance and on the basis of wrong calculation arrears were paid to the applicant w. e.f. 01-01-2014.
respondent submitted that we have compliance order and consequential benefits have been granted to him w.e.f. 28-03-2014 the date from which respondent no 4 & 5 were granted. on the basis of affidavit contempt petition was droped/dismissed by the CAT.
in this case my arrears/benefits (actual) was not sanctioned from the date of governing body decision, other side arrears already sanctioned to the my counter part for upgradation and given 1st ACP benefits above promotional post.
please guide me- 1. can I appeal in this case or if yes than in which court.
2. can I filed new OA for grievances regarding wrong pay fixation and wrong calculation of HRA.
3. any other relief how to get.
Anonymous
07 March 2018 at 10:10
My brother in law file section 9 against my sister and my family. He and his family torture my sistet physically and mentally, and did not provide her proper food due to she gave born a girl child. She treated in govt hospital 4 days and transfusion 2 unit blood in oct 17 end. After that she is was in my house for 2 months for recovery. After she return her husband house, they planned and give some ornament and took a written i am willingly taken. After that they bit her and wipe out from their home. We did not complain or case for save family of my sister. Please guide what to do.
Anonymous
06 March 2018 at 14:31
Claimant son met a road accident in the night hours when he was on a motorcycle and hit at the back of a Tractor and Trailor which was moving in the same direction without using tail lights.
Claimants son died on spot.
Claimant filed a MAC Case before the Tribunal.
The O.P. the insurance company of the tractor and trailer took the defense that the said vehicle was insured under 'Farmers Policy' and their third party liability against the said claim is limited to Rs. 25000 only which is very negligible.
The Hon'ble Tribunal has put the matter in the Lok Adalat. The insurance company needs some judgement of the Higher Courts regarding payment of claims under 'Farmers Package Policy' to settle the matter.
Please help.
Anonymous
05 March 2018 at 23:31
Hi,
I have a house in my village which can be accessed through the land of one of my neighbor.This way is broader and I can go with my car /other vehicles however my neighbour often stops the way asking to not use his land for car/vehicles and he only permits me to access this way by foot path only. My house is 35 year old and I have been using this way only till date to reach my house.
There is another way also through which I can reach my house but that road is too narrow that I can not reach by car/rickshaw etc and only pedestrian can walk on that.
So I wanted to know that can I claim easement right through my neighbor land as it is more comfortable way because I can use four wheeler,tractor and other vehicles for reaching my house .
Please suggest if there is any case law for this type of case.
many thanks in advance
Ramachandran
05 March 2018 at 10:00
My neighbour was not intrested in compound wall so I constructed my side wall with my own money and inside my land without touching his land now he is started using my wall by construction touching wall and and painting his side with his own colour, do he has the right to use my wall , just because it is his side
Anonymous
02 March 2018 at 17:24
Bar Council of India passed certain resolution restricting the appearance of certain advocates in a particular type of courts. A Gazette notification was also issued in this regard. The resolution and the notification came to be challenged before a High Court and the High Court stayed the resolution and the notification.
Some other advocates also challenged the same resolution and the notification before another High Court
My Query is-
1. Whether stay order passed in respect of the resolution and the notification is binding on other high courts also and they should follow it.
2- Whether enforcement of said resolution and the notification by any of the State Bar Council despite of stay amounts of Contempt of Court. If yes which High Court will have the jurisdiction for cognizance and what will be the procedure.
3. Whether there is any Judicial pronouncement/authority for this.
Mohamed farook
02 March 2018 at 13:36
Please answer any experts
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Regarding caste certificate
Recently in Bihar govt. has removed Tanti caste which is a sub-caste of Pan from their OBC list so it automatically comes under SC in Bihar but in centre Tanti caste is still under OBC list at number 48. In Bihar they are making my caste certificate from SC and only signed up-to S.D.O. (means caste certificate is valid in Bihar only) that also in state govt. format . But recently i had interview for Insurance company and they asked for certificate in central govt. format for which the sign of D.M. is also required , when i asked them they said D.M. wont sign it. So my question is can i get OBC caste certificate in central govt. format as my caste is still OBC in centre but SC in Bihar.