V.N.K. MENON
06 August 2013 at 16:35
(I) Background:This is employment case. WPC was filed in 2006 challenging labour court award. Employee filed 17-B application under I.D. Act for interim relief. Single bench rejected relief. LPA was filed in Division bench which set aside the order of Single bench & Relief granted by Div. Bench under a consented order. The employee was posted to a remote place. Taking advantage of his absence and without giving leave or paying expenses, the employer filed in the cloak of clarification two applications making frivolous claims which was allowed by the Division Bench.
The advocate (proxy in the absence of main counsel) of the employee agreed to the frivolous claims. When the employee came to know about the situation, his main counsel filed a revision petition. This was dismissed so also SLP in Apex Court. When the employee came after retirement he examined the records in the court and it was found that he was not represented properly. The employee started pursuing the case in person. It was also found that (1) the impugned order is contrary to statute as it is attachment of retiral benefits – proviso (g) of Sec.60(1) CPC. (2) relying upon Apex Court judgment, in a consented order court does not adjudicate upon the rights of the parties nor lay down any principle.
The main WPC is onboard and has not reached finality. In the circumstances, is it proper to file recall application in the High court u/s 151 CPC? There is exactly a similar case where LPA and SLP were dismissed and when later it was found that order had been obtained by playing fraud, recall was allowed by High Court and was approved by Apex Court by rejecting O.P.’s SLP which was filed. I hope I have explained threadbare.
There is a similar case decided by Apex Court that if an order is obtained by playing fraud, the said order can be challenged in any court at any time.
Request valued opinion/ guidance/ suggestion of friends and experts about filing of recall application u/s 151 cpc. Shall appreciate immediate attention, please.
(II) How to file amendments to revision petition. A provision was made in revision petition to the effect that with the leave of the court, I shall make amendments, additions, deletions. Any point to be kept in mind while doing so.
I am grateful to all the members/ colleagues/ experts for the valuable guidance given in the past.
narinder
06 August 2013 at 11:50
hi
we are buying a trust[family trust] property and the who selling the trust living in another city. so i want to know:
1- can only beneficiary means the chairman of trust can give us power of trust as it is coming in our city.
2- or also all other have to come compulsory in our city to give power.
Vijayendra
06 August 2013 at 10:34
Hi I have brought a flat in a housing complex of 28 Buildings.The builder is selling the covered as well as the open spaces around my building. The society hasn't been fromed yet. The builder is not allowing my car inside the complex as I havednt brought the parking. There are only two families occuping thier flats yet, the rest are vacant. The builder is takeing money in cash and giving allotement letters to flat buyers
Now my question is this legal to allocate car parking to some residence undermining the interest of others. The builders are using this loop hole to sell parking in the name of allocation. Can this be callenged in court now or after the formation of the society?
kodandaramaswamyreddy
05 August 2013 at 22:46
property acquired through WILL from far relatives , ,can he sell property to any body without sons/daughters signatures
raj khanna
05 August 2013 at 21:09
Can we claim damages under both Tort law and Contract law in the same petition.
Srimadhavi
05 August 2013 at 20:42
Hi
My father died 5 yrs back, survived by wife and 3 daughters. He has one house on his name which was earlier on our grandfathers name. Now our mother also died.
I want to propose two other sisters to pay for thier share of house and to become sole owner of the house.
Question 1)In this regard, is it better to get an relinqueshment deed from other two or to go for sale deed?
2) Will there be any problem in future from my sisters children with claim on the house as it is grand parents property?
Regards
Madhavi
anuradha
05 August 2013 at 18:10
the case was filed by the husband in family court for restitution conjugal rights. and i am for the respondent. first date was on 16/4/13 and both the parties are send for reconciliation and next date was 24/06/13 but on 24/6/13 both are not agree to reside together. now next date is 08/08/2013. and from last months i am not able to connect my client because she is outofstation and i can not get further instruction from her. now i wants to now that if the extended period for filling of written statement is 90 days. and if both the parties are sent for reconciliation and failed later on. would that period can be calculated in filling of written statement. please answer
N.J. MISHRA
05 August 2013 at 15:43
Dear Member kindly advice;
Is it society's responsibility to carry out structural repairs of individual flat?
If yes, then what action under which rule of law could be taken against society if deny
sivakumar.k
05 August 2013 at 14:30
can one defendant file petition under order3 rule 1for depose onbehalf of him/her
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Proprietory rights
Sir
we were landlords and our land was given to tenants under pepsu tenancy act 1955 as the tenants acquired proprietory rights.A tenant applied for P rights from my uncle in 1964 and was granted sale certificate in June 1964 as he paid the first instalment of compensation.As per law he has to pay the balance compensation amount in six yearly instalments (maximun) which he did not pay in time. He paid the instalment in June 1974 which was not in our knowledge.He has been cultivating the land as tenant without paying anything.My uncle eloped and in the year my father filed a suit for his propety and the property was decreed in his name in 2005 after a suit against General public and others was decreed. I inherited the said property after the demise of my father in 2007. Now this tenant has filed a declatory civil suit in court of law on the basis of P rights.My request is please tell me the case law regarding section 47 of Pepsu Tenancy Act 1955 which has barred jurisdiction of such lands from civil courts. also what course should I take to tackle this case.
Regards
Inderpal Singh