mala
11 February 2014 at 14:48
sIR
qUERY
1. On the basis of departmental inquiry and report submitted by the Inquiry Officer the services were dismissed by the competent authority On being dismissed I filed a appeal before the appellate authority which is still pending for the last 13 months despite several reminders not taken up
What steps I can take
Whether a WP Certiorari can be filed in the H.C
What other remedies are available
bala
11 February 2014 at 14:44
Respected sir / Madam,
1. I have one cottage in my own village. VAO FMB map sowing nattam land like this (survey no: 369 in land no 11 ). But I build a cottage last 2013 December. Now I have property tax receipt and EB bill also. Still now I did not get patta. Neighbor compound wall is now my place. But he has patta for his land not my land. VAO map and my deed are same measurements. If I requested to VAO for survey my land, VAO refuse to survey. Because he saying your land is nattam land likes this. If I apply for patta, VAO saying we will not survey our FMB map and your deed, we will survey how much land you have now like this. VAO support for only neighbor.
Question:
1. If I file a case court will ask patta for my land or enough for my registered deed?
2. What is the procedure of get patta for my land & I need my deed measurement or VAO fmb map?
Thanks
advocate mukunda
11 February 2014 at 14:24
Dear Experts,
if a parents as 1 child & it is 10years old,now can a parent adpot a child of 1year or 2years etc.
what are doc & formalities needed
Thanks
Muraaree
Raghuram reddy
11 February 2014 at 13:34
Sir
My father is a AP State government employee who was suspended under miss of operation and he was suspended
Now he is no more but the enquire is pending while he is live and the case was abated by the district court as the person is expired
Now I want to know is there a provision, rule, where my father suspension period can be regularized and be treated as duty period
If yes please let me know under which rule/section it can be done and how to processed
Note :case is in pending in both departmental enquiry and honorable district court judgment is pending while he is live and case which is pending at court has been abated
Thanking you
e form
11 February 2014 at 12:37
A Plot constructed shed-tin
plot "refer disputed "
some time after we get "status Quo"
on that plot or tin shed. thereafter anti encroachmnent squad by mistaken tin shed remove/demolished.
our matter diputed with MSRTC .
after demolished we are stand tin shed.
MSRTC Application give to police, against us .police interfare this matter and say remove encroachment. my question can we file contempt of court petition MSRTC and POlice
or
it is illegal we are stand tin shed after demolished. please suggest.
basavaraj shiromani
11 February 2014 at 12:01
Mr.'A' dies leaving behind his 3 son 'B''C' and 'D'. Mr.'B' is having a daughter by name 'X'. There is no partition between 'B'C'and 'D'. The daugher of 'B' want to file a partition suit against 'B' 'c' and 'D' for partition and separate possession of her share out of her father's share which is not yet decided among all brother who are living together.
whether she is entitle to get partition effected in an un divided ancestral property
are there any rulings to that effect ?
Prasad
11 February 2014 at 11:07
Sir,
My neighbor just opposite to my house have mango tree in front of his house and weekly he cleans his house there by throws dried mango leaves near to my compound wall and and burns those dried leaves in premises of my compound wall which leaves a blackly smoky color on my compound wall . He can very well burn those in his area or near his compound wall . When on saying this he says i am burning those dried leaves in ROAD and not on any place and says he can very well do it. He is a Govt employee .
Please guide me how to stop burning those from my compound wall
Bablu Ghosh
11 February 2014 at 07:08
Respected Sir,
I am ready to pay monthly maintenance charge at enhanced rate on Sq Ft basis BUT NOT FOR CAPITAL MAUINTENANCE FOR THE COMMON AREAS WHICH HAS BEEN CLARIFIED AS PER The West Bengal Apartment Ownership Act, 1972
REGARDING THE COMMON AREA GIVEN AT THE BOTTOM
I live in a 10 Flat Building(No of flats 10).Here all the flats are not of equal size i.e flat size varying from 1500/1200/1000/750 sq ft and like that.Previously maintenance /service charge per month was being equally divided amongst all 10 flat owners(It is not a Cooperative Society Flat,It is a ownership flat).But recently by a majority decision it has been decided that henceforth monthly service charge will be according to size in sq ft .As my flat is the highest sized flat obviously I have to pay maxm. .Considering the previous method as there are 10 members each member had to pay 10% of total maintenance cost per month.As per the new method I have now to pay 20%of the total cost .
.
The Resident Welfare Committee . does not look after the individual flats
In our case the usual monthly charge payable is only restricted to paying salary of the caretaker/salary of the sweeper/running cost including maintenance of the water pump/illumination of the common service area(stairs etc) WHICH IS NO AT ALL CONNECTED TO THE FLAT SIZE.THERE IS NO DIFFERENCE IN THE SERVICE RENDRED BETWEEN A HIGHER SIZED FLAT AND A LOWER SIZED FLAT.NO SERVICE SIS RENDERED IN THE INDIVIDUAL FLAT AREA
. My problem is that if the new method is restricted to the monthly charge only then iIT IS NOT MUCH OF A PROBLEM..ALTHOUGH THERE IS A QUESTION MARK CONSIDERING MY POINTS STATED BELOW.But the thing is that for any future Capital Maintenance like total painting of the external walls of the building ,roof repairing etc(WHICH ARE A COMMON THING FOR ALL IRRESPECTIVE OF THE SIZE OF AN INDIVIDUAL FLAT) in each case I have to pay more.More precisely if the repair cost is (say)rs 6 Lakhs then I have to pay Rs 120000,whereas others may have to pay only Rs 30000.
I live in a 10 Flat Building(No of flats 10).Here all the flats are not of equal size i.e flat size varying from 1500/1200/1000/750 sq ft and like that.Previously maintenance /service charge per month was being equally divided amongst all 10 flat owners(It is not a Cooperative Society Flat,It is a ownership flat).But recently by a majority decision it has been decided that henceforth
MY POINTS
This monthly maintenance is only restricted to paying salary of the caretaker/salary of the sweeper /running cost including maintenance of the water pump/illumination of the common service area(stairs etc) WHICH IS IN NO WAY CONNECTED TO THE FLAT SIZE.There is no difference in the service rendered between a higher sized flat and a lower sized flat .NO SERVICE IS RENDERED IN THE ORIGINAL INDIVIDUAL FLAT AREA.
But for any CAPITAL MAINTENANCE OF THE BUILDING like total painting of the external walls of the building, roof repairing etc (WHICH ARE COMMON FOR ALL) THE NEW METHOD SHOULD NOT BE ENFORCED ON ME AND SHOULD BE SHARED PROPORTIONATELY IN EQUAL PARTS because these expenses are for the purpose of common building and not for individual flats (who are residing).
It will be unfair on people owning larger flats as the facilities rendered are irrespective of the size of the flat and includes all expenses that are equally utilized by members, irrespective of the size of their apartments.
A person living in top floor uses the stairs and roof more than the person residing at lower floors, but the expenditure on stairs/roofs should be shared by all equally.
But considering fraternity point of view I am ready for paying on Sq Ft basis for regular Maintenance but not for Capital Maintenance.The Common Places are clearly defined as follows
As per The West Bengal Apartment Ownership Act, 1972
(EXCERPTS FROM THE ACT)
"common areas and facililies" includcs-
(1) the land on which thc building is located and all easements,rights and appurtenaces belonging to the land and the building
,(2) the foundations, columns, girders, beams, supports,main walls, roofs, halls, corridors,lobbies,stairs.stair-ways, fire-escapes and entrances and exits of the building
(3) the basements, cellars, yards, gardens
(4) the premises for the lodging of janitors or persons employed for the managernent of the property,
(5) installations of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air
conditioning, sewerage, etc
(6) the elevators, tanks, pumps, motors, compressors, pipes and ducts and in general all apparatus and installations
existing for common use,
(7) such othcr common facililies, as may be specially
provided ,
(8) all other parts of the property ncccssary or convenient
to its cxistence, maintenance and safely, or normally in
common use;
(e) "common expenses" means expenses of administration,
maintenance, repair or replacement of thc COMMON areas
and facilities and all olher sums assessed against the
apartment owners;
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Evidentiary value of dead person's evidence
In a Regular Civil Suit instituated in the year 2005;
1. Evidence on affidavit by plaintiff was filed.
2. Defendant remained absent, no cross order passed.
3. Evidence of another witness was filed on affidavit.
4. Deffendant again remain absent, no cross order passed.
5. Deffendant not aduced any evidence, defence closed.
6. Decree passed in favour of plaintiff.
7. Appeal filed and decided in the year 2014, trial court to rehear evidence
8. While pending the appeal one witness died.
QUESTION:
What is the evidentiary value of the evidence of the witnes who has been died after recording his examinition in chief withoutt cross examinition?
Whether court can consider such evidence in its judgment?