MSC Shekar
12 April 2012 at 16:13
A 1950 matter was heard by a High Court of a State in the year 2007 (Writ Petition was filed in the year 2001). Writ Petition was filed against a Government Department for claiming certain Documents. In the year 2007 the same was given in favour of the Petitioner as the Govt. Dept. did not file any counter.
A RTI application was made in the year 2012 (current year) by the petitioner of the same Writ to the PIO of this High Court for want of further Information under RTI Act (Information relates to the period 1950 to 1958 and subject of writ Petition).
The PIO of the same High Court received this RTI Application and transferred it to the Registrar(Admin) of the same High Court u/s 5(4) of RTI Act as the requested information is expected under his control.
The Registrar(Admin) does not give any response for 45 days. Then a Ist Appeal is filed with the Appellate Authority of the same High Court.
Now after 20 days of filing the Ist Appeal with the Appellate Authority of the High Court. The PIO of the same High Court issues an Order stating the RTI application was received u/s 6(1)and it is rejected u/s 7(9) of the RTI Act because it involves cumbersome efforts for furnishing the necessary information. The PIO also states that the Applicant is free to appeal to the Appellate Authority.
The action of the PIO in initially receiving the application and transfering it to some Registrar of the High Court U/s 5(4)and later after 60 days issuing an order that the RTI application seems ambigious.
The query is that: Whether the action of the PIO of this High Court is valid or not valid? The astonishing point is that the Order of the PIO was received 20 days after filing Ist Appeal with the Apellate Authority.
Please advise. Thanks in advance.
Mamatha
29 March 2012 at 11:33
I am a research scholar but not from law back ground.I don't intend to be spoon fed Kindly give your valuable advice.Thanking you all experts.
We are Indian Christians. I am in a confusion regarding my husband's situation. His father has left a will and expired.The will favours mostly the two sons.Hence his sisters are planning to go to court.One of the sisters has sent a legal notice alleging that the 1.the property is ancestral. 2.The signature is not father's.Both are not true.
Since we do not have children the elder brother is saying that he does not want partition deed to be executed.But he supports the WILL.Although in Andhra pradesh, WILL need not be probagated he says he wants the will to propagated.My husband fears it may be his delay tactics.In this situation what is more appropriate thing to do keeping in view of my husband's situation?. Please advice.I am sorry for troubling you all.
rahul jain
29 March 2012 at 00:27
I had filed a suit under up rent control act for the eviction of tenant which i have won from both small cause court and from additional district court.The tenant had filed a writ in highcourt challenging the decision of the adj court which was not admitted in the high court.I want to ask whether i should file a caveat in supreme court despite of the fact that i have won from all three courts small cause,adj and highcourt.
Jayaraman subbiah
28 March 2012 at 19:28
First of all I thank the promoter to haven given us the opportunity to know well about the legal matters which is very knowledgeable.
My query is: When the bank was more generous is sanctioning loans for housing during 2005 with that opportunity i had obtained two housing loan one for the property at Anna Nagar and the other for the property at Guduvancherry. The property at Anna nagar whereby iam staying and the property at Guduvanchery i had left in lease. In Annanagar property iam the borrower and my wife is the guarnator and in guduvanchery property my wife is the borrower and iam the guarantor.Anna nagar is from Indian bank and the guduvanchery is from Indian overseas bank. I had no problem till 2010 whereby iam was prompt in paying my emi's. Now i have become the defaulter and both the bank had moved legally by issuing notice and taking paper possession. In annanagar property the indian bank had gone for auction twice i did not protest but they were unsuccessful and now the indian bank had moved the drt under oa in 2011 and in guduvanchery also the iob had done the auction but was unsuccessful. My query is if even iob moves the drt what will be the status of my property? My advocate is telling not to worry he will ensure that i get the time i need and i can clear the dues one by one. Can you help me in guiding?
priya
24 March 2012 at 12:34
my great grandfather gifted a property to my great grandmother. Later the property was registered in my great grandmothers name. We have been made aware now that it qualifies for marumakathayam as per which my grandmothers children as well as her grandchildren have right to it. (ie everyone born before 1-12-1976) by a lawyer. i have three questions in this case
1. what about the child who is in the womb during 1976 but born in 1977? do they have a right to the property as well?
2.is it equal share for all people?
3.what if one of her son's wrote a request on white paper to give away his existing right to one of the members upon his death if the property is sold. the said son is no more and we are going to sell the property
saurabh sharma
22 March 2012 at 19:10
I have bought a car. while going on to batala, i met with an accident. the car was driven by my brother-in-law. After the accident we both got injured and refer to the hospital. Meanwhile FIR been lodged and insurance company has been informed for the said accident. we have a total loss of 6lacs rupees. But the insurance surveyer has prepared a report for only 3lacs rupees. i filed a complaint in consumer forum. They took the plea that at the time of isuing the license by the appropriate authority my brother in law has not completed the age of 18 years, so they repudiated my claimon this ground. but before this they have already paid two claims to my brother in law and now they demanded the same to be refunded. But i have a document from the motor vehicle authority which proves that i have a genuine license.
1. how did i prove my case.
2. Is there any SC or National Commision judgement on this issue.
Sudha
22 March 2012 at 16:53
My parents live in an apartment, none of the owners of the apartment have been given an occupational certificate by the builders. The builders have been evading the owners regarding this. My parents found out that the builders have not submitted the “completion certificate” of the apartment building to the City Corporation, so officially the apartment complex does not exist. (The builders have not followed the original building plan they submitted to the corporation, they built extra apartments which are not part of the original plan and sold them as well.)
While living on the first-floor the above mentioned apartment, we became vulnerable to a life-threatening situation when we entered the open terrace, which is part of our built-up area. (Each first-floor apartment owner has bought an open terrace as part of their apartment. )Everything from garbage to window-pane glasses started falling on the terrace from apartments above us. (There are 15 storeys above us). A child was hurt when a window pane crashed on the terrace in one incident, and was hospitalised.
We contacted the builder to build a protection on the terrace, they declined because the Deed of Declaration we signed said that we cannot build anything on the terrace. The first-floor apt owners then approached the Consumer Court against the Builders. We won the case, and were allowed to build a roof over the terrace with the permission of the apartment Association and the City Corporation at our own expense.
In fact the Court found only the Association at fault, blamed them for”deficiency of service” and made them give each first-floor apartment owner a compensation. The Court said it is the duty of the Association “ to protect and safeguard the rights of the residents by obtaining the necessary licence.” The Court said that the Builder was not at fault once they handed over the building to the Association, and since there was no structural defect in the building.
In the situation that the Corporation cannot give a written permission to us, we assumed that if the apartment Association gave us permission, we could go ahead and build the roof. The Association convened a meeting for “the final execution of the court order”. (We have a copy of the letter from the Association which called this meeting. ) The Association President gave permission to build the roof in the presence of our lawyer (who had represented us in the Consumer Court), but we didn't get it in writing.
My parents started constructing the roof. We had already spent a lot of money and effort on the structure when the Association President and Secretary brought the police and put a stop to the construction, saying we did not permission from the Corporation. Now, the President did not take any action to get permission from the corporation, and also he stopped our work. The Secretary then wanted us to dismantle the structure we built. He sent a Civil Court notice which called for a Status Quo. What should we do?
kavita.sharma
22 March 2012 at 09:55
right of appropriation is left with debtor it is said in sec 59.i want to know if debts are time barred and a person own to another person more than one debts.debtor makes payment.can creditor appropraite it to time barred debt?
satish
21 March 2012 at 23:49
I have some civil suit pending before HC and lower court in same type business matter filed on false basis. Hon'ble Judge is giving date of 3-4 months. Due to that my project is delaying and motive of plaintiff is solving.
Is there any process for speed trial?
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Le suit-small cause court in mumbai
my brother has filed LE suit in small cause court, mumbai. against me and wife and 2 sons. We are living in the same house since 1958/ My children have been born in this house.
A partition suit is pending in the High Court, where this house is substantial part of partition suit. My brother claims the house to be his alone. The suit is pending and one of issues framed in High court is " whether this brother proves the house to be his?"
How can he file LE suit in such circumstances? How can small cause allow him to file such a suit?
My plea to stay LE suit (or dismiss it) has been rejected.
Pls guide as I am facing physical,mental and financial harrassment (in order to throw me out of the house) and even the police are not helping saying it is family matter.
The partition suit was filed in 1990 and is now awaiting trial, documents to be verified,etc.
LE suit was filed 2 years back.(claiming that he is owner, whereas title is yet to be proved in partition suit). The flat in question is in name of my late mother and she has left a will (not probated) and a nomination in favor of all 4 brothers as HUF