Laasya Priya
21 November 2012 at 10:59
what is the significance of section 94-E of the code of civil procedure?
can anybody provide citations with respect to refusing to grant stay in relation to the above section?
Sadanand B. Panchal
20 November 2012 at 22:15
Respected Experts,
Here is important point of Law I am discussing with you please hear and please give a solution.
Owner CHS in order to develop property by demolishing old building of the same CHS had given development eights to one developer- application to Planning Authority-I.O.D. obtained-to obtain N.O.C. from Superintendent of Garden, Tree Authority, developer applied and obtained permission for cutting of 22 trees in the property. 22 trees felled while development but no single tree planted within 30 days, on the other hand extra 3 trees felled illegally-I filed complaint to the Garden Department of my Ward- the said department filed N.C. complaint before local Police station-Police lodged F.I.R. against developer and while lodging called me to make a statement- I made my statement but on statement Police did not allowed me to sign on it-Thereafter Police filed an application before Hon’ble Metropolitan Magistrate for permission to arrest the accused for non-cognizable offence-matter pending and with the Police, nobody can interfere with the matter-On the other hand the developer’s construction continued, finally building completed- Important fact that there is no soil/earth remained to plant a single tree-developer is now in order to obtain Occupation certificate trying to plant trees on cement slab/ramp outside open space of the new building, he purchased number of plants of 5 feet height and showing that he has planted the trees.
Can such action of the developer to show artificial planting of trees will be approved by Tree Authority?
What about offence of tree fell without planting? Whether the Police case will be heard by the Hon’ble Court? or if it dismissed, offence will be discharged? Why BMC is not taking action? For protection of developer? For what The Maharashtra (Urban Areas) Protection & Preservation of Tree Act, 1975 for? Because of the type of development huge numbers of trees were felled without planting in my area. We are no more to hear song of birds in the sense there are no birds to visit the area as were in the year 1975.
The Maharashtra (Urban Areas) Protection & Preservation of Tree Act, 1975 is ultra virus the Articles of Constitution of India and it is only connected with builders and B.M.C. officers. Green belt disappeared and therefore Green Mumbai becomes a dream.
Regards,
Sadanand B. Panchal
Advocate Ramesh
20 November 2012 at 20:13
Sir,
I received a case from a client regarding dispute of wall. The client shows his document, which is partition deed among their brothers and father having entire wall is belonging to him. and similarly he shows partition deed (copy of document) of his neighbour and their brothers and parents shows the same wall belongs to them. But he also shows the fmb sketch of neighbour house is having only 32feet as width of the neighbour house. But in Blue print the neighbour got from townpanchayat shows the width is 34 feet. and he got approved. The client asked me to file suit with respect to this. Kindly guide me. Whether we can file suit with respect to fmb sketch cum blueprint and the partition deed of our client. Whether it is enough to succeed. Thanks
Sujata
20 November 2012 at 19:41
Sir,
My Husband and myself had brought flat and 2 Acres of Land in our name . The property documents currently have my husband & my name . It is self owned property. My husband had passed away . I am told by my lawyer that my husband share will be inherited by me , my son and my mother-in-law . My mother-in-law wants to release her share in my name or my son's name. I checked with the lawyer, he said my mother-in-law can make the gift deed in favour of my son and that would attract 2% stampduty .
My question is can mother-in-law do the reliquish deed on 200 Rs stamp paper and get it registered in sub registrat office .Also please suggest other ways that may not attract the stamp duty.
surjit singh
20 November 2012 at 18:11
In a suit can a document be submitted when the deposition of witness has been started from the side of the plaintiff. The document to be submitted is the document which was in the possession of the proforma defendant in the suit. The plaintiff have mentioned in the plaint that it crave leave to produce the document at the time of hearing. Although the deposition of witness have been started from the plaintiff side but the plaintiff himself have not yet deposed. Now the plaintiff wants to submit the said document and then depose making it as an exibit. Whether the court will allow such submission when there is a reasonable cause that the document was in the hand of the defendant.
Here I point out that although one of the defendants as well as by the proforma defendant have stated in his WS about the aforesaid document but no notice for production was given under Order XI Rule 16 by the plaintiff.
Deepak
20 November 2012 at 15:37
Hi sir
In one of the eviction cases in high court We forgot to submit application for senior citizen and as off date the case has been dating for 1 year now. Earlier in lower courts we have won 2 times and the dates were also small less than 2-3 months.
I require guidance on three points.
1. If we are respondents in civil revison case and the case pertains to senior citizen can we still file application of senior citizen case manamgment.
2. If the above is yes than where to submit application for regular case allocation as senior citizen and who can file application can we pesonally file or through mr advocate.
3. As off now we have been awarded a next hearing date in high court, would the long date be changed by filling senior citizen application.
Please guide.
yogesh sharma
20 November 2012 at 12:27
Can anyone provide me with a draft of reply to the SLP against order of the high court refusing to set aside the arbitration award u/s 37 of the Act?
dheepak srinivasa
20 November 2012 at 09:44
I have filed an SLP against an madras high court order(CRP) but this madras high court order has been passed on an appeal of an IA in the Original Suit(OS) of the additional court.
Now the main suit(OS) itself has been dismissed in the additonal court. But my SLP against the madras high court order is listed for hearing on 7.01.13.
what happens to this SLP? can I argue the matter on merits eventhough the main case in the lower court(additonal court) has been dismissed? can I tell the honorable judge that in IA he has told I have a case of mortgage so ABJ not granted which has been upheld by the madras high court therefore there is a conflict of judgment in the same court therefore retrial to be ordered.
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