Prateek
17 August 2013 at 22:29
My firm is carrying out various Housing Development Projects in different locations in Haryana all under the Housing Board Haryana.
The Executive Engineer has invoked a maximum penalty amount to 10% of the total amount of agreement due to slow progress under clause 2 on one of our projects. The Chief Engineer has confirmed the same. The board is taking immediate action as per clause 3c of the agreement by taking final measurements and applying risk and cause when it is on completion stage. As per board we have completed 47% of work under total agreement time of 27 months.
The main reasons for delay in work:
1. Non-availability of drawings for around 7-8 months by the board.
2. Change in nature of work from Load Bearing wall to RCC frame structure which requires a longer time duration and huge quantity variations from original bond.
3. Uneven surface of land and land 9-10 feet below the surface, hence construction activities take time.
4. Heavy rains led to problem of water logging and work was affected.
5. Ban by Supreme Court on Mining and excavation activities led to shortage of materials.
6. Non – payment of running bills on time by the board and a huge amount held by board in part rates and withheld in measurements.
We have discussed the above said issues with department but without taking them in consideration and on one sided hearing, they have imposed heavy penalty on us. Also no such penalty or notice has been issued to other agencies working under Housing Board whose progress is even slower than our agency. In our other projects under the housing board, we have got time extensions which are under different Executive Engineers but same Chief engineer. Despite of High Rise in market rate, our agency is still willing to complete the project by July, 2014. Also I have approach high court of Chandigarh, which have asked me to take recourse to the appropriate civil remedy in accordance with law and as per the terms of contract, the remedy of arbitration for the dispute is excluded. What are the possible options for me ? Should I stop all the work as all projects are affected? What are the chances of case in our favor?
Muni
17 August 2013 at 19:13
If the Will’s validity is successfully challenged the testator’s assets will be distributed in accordance with the testator’s previous valid Will or (if there is no previous valid Will) the intestacy rules.
Is the above statement true, about using the testators previous Will when last Will challenged successfully, under Indian constitution? Can I get court citation on the same.
Ashu Joshi
17 August 2013 at 18:10
What is the process for registration of lease deeds of tower sites in Himachal Pradesh?
Is the valuation of property/area on lease is to assessed by the registered valuers?
Kasim
17 August 2013 at 16:55
Dear Sir / Madam,
I have been working for a company in saudi arabia. got another offer, left saudi on exit. got new visa stamped in just one month as all my documents were intact, reached saudi again but was denied entry and they said you have a very very old issue pending (mutawwa - religious police) which says you have to be deported although I had been punished by them at that time (long before - more than 10 year) have never faced any problem related to my residency permit (iqma) till the time I came back (last month). My iqama stil shows on moi.gov.sa valid, my finger prints enrollement is updated. Some say it is somewhere in the main system of jawazat (saudi immigration) which is not accessible to all & have a red flag. I was sent back immediately, my new company gave me to & fro ticket, came back to india. at indian immigration they have put a remark "as deportee" within the small stamp of entry that they usually put. Can anybody tell me:
1)Is this called deportation
2)Can I travel on that passport again to saudi in case my issue gets resolved?
3) can I travel to anoter GCC country (Dubai, Oman, Qatar) on this passport. Emabssy of that respective contry will not have any issues?
4) My passport is about to expire, if I submit it for renewal or re-issuance to change the address will the passport office put any remark on new passport regarding this issue.
5) Is this a real problem in travelling to any other contry, viz., malaysia, singapore etc.
Need your kind advice.
Shall be obliged
Need expert advice of experienced people. Shall be very thankful.
Krishan
17 August 2013 at 12:29
My father retired in 2002 from govt service of rajasthan govt. Due to some unkonwn reasons my father avoided writing the name of my mother for family pension purpose. such fact came into our knowledge when recently he died and we approached to pension office for family pension.We have produced various documents like ration card, aadhar card, bank pass book having joint name of mother & father etc but concerned authorities are demanding only succession certificate. Unofficially administration (as many of them are aware of our family back ground) accepts that she is the only right claimant but they want legal document. please note that no other person has approached them as claimant of the family pension.pl advise me how to prove that my mother is the only legal wife of my deceased late father
brijesh sharma
17 August 2013 at 11:09
Respected Sir,
As per law and advised by “LAWYERS CLUBINDIA”, I filed a court case O.A. No.3454/2011 in CAT Delhi for put up my case for promotion. As I, had requested you that, The Department is harassing me, knowingly and regularly. The Hon’ble CAT Delhi delivered the same judgement on 19th July, 2013 in O.A. No.3454/2011, but clearly escaped and save the concerned officers/ authorities? Department was replied completely illegal and illogical. Hon’ble CAT gave “Two months time for considering for due two promotions”. Interestingly, Department again has been started for further harassing me. During this period on 24th July, 2012 and 13th July, 2013, Two DPCs were held, but my case was not put up. On the other hand in the same Department, one more employee was not promoted from 2006. Reason was here that the ACRs of three years 2004-05,-06,-07 were not in official records. Due to the same he never represented for his promotion, but he managed the system and represented in July, 2012 and promoted from 2006 and easily got a huge amount before several months. Although there are some complaints against him, but he and concerned authorities are confirmed that they have already managed the system. Now I am requesting you please tell me a legal phenomena and such honest and legal Institutions by which I escape honestly and without insulting. Department and the organization is fully aware regarding these dirty pictures.
RANJEET KUSHWAHA
17 August 2013 at 03:19
Manoranjan Mahto has 3 son as Brijesh Mahto, Bhootnath Mahto and Vijay Mahto.
Manoranjan Mahto and his wife are still alive.
Brijesh Mahto has 1 son and 1 daughter, both of them are married. Bhutnath Mahto has 3 daughters only, 2 of them are married.
Vijay Mahto has only one son who is unmarried.
Bhutnath Mahto passed away due to kidney failure, before partition of the property between all three above mentioned brothers.
Now Wife of Bhutnath Mahto is demanding 1/3 share of property from manoranjan Mahto but he denies by saying that without son you have no need of property.
For this reason she and her family are getting hurdle to meet daily requirement of lively hood.
Plz suggest how can she proceeds for her 1/3 share
Naveen Kanth Dasari
16 August 2013 at 21:47
Hello,
I have a query regarding Cancellation of Gift Deed.
The Issue is:
An elder brother ( 63yrs age) had gifted his property to his younger brother (61yrs age), in the year of 1999, as the elder brother has 4 daughters out of them 3 are married, and the younger brother has 1 son and a daughter.
As the terms were good between both of them at the time gift, the elder brother had gifted the property out of love and affection, and moreover as both of them have only male child in between the 2 brothers to look after them in there earlier stages.
But as of now the difference arose between them and even the son of the younger brother, has bet his aunt & cousin sisters.
Now in the year of 2012 the elder brother had filed before the MRO for cancellation of gift deed, and subsequently the gift was cancelled.
Now the younger brother had filed a suit in the court challenging the cancellation.
Now the question is:
1. Can a gift deed be cancelled as the motive behind the gift is not justified? Any citations?
2. How far there is winning situation of this case?
3. There is status quo on the cancellation, will the Interlocutory Application be dismissed?
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Delivery of possession
A Have 1.50 acres land as per his settlement deed, neighbour owner B have 1.00 acre as per the sale deed document. But revenue records A have only 1.30 acres and B have 1.20 acres. B enjoyed 1.20 acres more than 30 years and planted coconut trees and same was 30 years old. How can A delivery of Possession from the B an extent of 0.20 acres Land. What is the limitation period of delivery of possession from the B?