Raman
09 July 2012 at 00:32
My Brother has filed case ( service matter) before CAT for quashing illegal appointment made by premier Institute of India.The CAT has directed to furnished the records.The respondent Institute decline to furnish the same.The court has given many Opportunities but Institute finally say that records are missing/untraceable..The court then directed that it will made decision on the basis of the pleadings made by parties
My question is that whether CAT will give favor or in against of brother, but in such case who will take action against irresponsible person for delibartely misplaced the records so that fraud could not come into notice of the court?
In case the court give reverse decision and made against of my brother whether we can file complaint to CVC/CBI for misplacement of records from the office?
If not please provide the appropraite method in the interest of common public?
Suresh
08 July 2012 at 19:08
HI I am fighting a consumer case against a prominent and influential builder since April 2008 and till date no conclusion has taken place. I have to quarrel with my advocate always and now the advocate had given me the copy of the docket to show me that he is not at wrong side. Please advice me by going through the docket extract which i had typed it by seeing the attested copy whether any UN-due interference is there by the opposite parties to thwart my effort and to drag the proceedings. Please guide me the way out. Thanks
EXTACT OF THE DOCKET OF THE STATE CONSUMER FORUM
13.05.2008> ADMIT & NOTICE -CALL ON 4.9.2008.
04.09.2008> OP2 SERVED-NO REP.FOR R1&R2 -OP2 SERVED CALLED ABSENT-FNTO R1&R2 (pvt) CALL ON 18.9.2008.
18.09.2008> FN TO R1 BY PRIVATE ACK FILED-R1NOTICE SERVED-R1CALLED ABSENT-P/A OF COMP. CALL ON 16.10.08.
16.10.2008> P/A OF COMPL.FILED –CALL ON 4.11.08.
04.11.2008> ENQUIRY 14.11.2008.
14.11.2008> MEMO FILED BY THE COUNSEL FOR COMPL.-PUT BEFORE THE COMMISSIONER -CALL ON 18.11.08.
18.11.2008> THE PET.IS DIRECTED TO TAKE PVT.NOTICE OF OP’S RETURNABLE BY GIVING CLEAR DATE-C/ON 10.12.08.
10.12.2008> AFFIDAVIT OF SERVICE FILED-OP2 SERVED ABSENT-M/S.XY ASSOCIATES FILED VAKALAT FOR OP1-FOR
VERSION IF ANY-CALL ON 7.1.09.
07.01.2009 TO 12.08.2009> NO SITTING- CALL ON 17.09.09.
17.09.2009> WRITTEN VERSION OP1-WRITTEN VERSION OP1 AS LAST CHANCE-CALL ON 05.10.09.
05.10.2009> WRITTEN VERSION OP1-NO REPRESENTATION FOR OP1-WRITTEN VERSION OF OP1 NOT FILED-P/A OF
COMPL.ALREADY FILED ON 16.10.08-FOR REQUEST OF COMPL.COUNSEL -FOR ENQUIRY PBC- C/ON 6.11.09.
06.11.2009> P/A OF COMPL.FILED-ENQUIRY 18.12-OFFICE IS DIRECTED TO ISSUE NOTICE TO THE OP1-PVT.NOTICE ALSO
PERMITTED-CALL ON 18.12.09-----BY PRESIDENT.
18.12.2009> ACK FILED- M/S.XY ASSOCIATES FILED VAKALAT FOR OP1-NO SITTING-REPOSTED 05.02.2010.
05.02.2010> NO SITTING-REPOSTED 23.03.2010.
23.03.2010> ARGUMENTS-NO REPRESENTATION FOR OP1-THOUGH M/S.XY ASSO. FILED VAKALAT FOR OP1-AS SEEN
FROM THE RECORDS P/A OF OP1 ALSO NOT FILED. FOR FILLING OF P/A OF OP1-C/ON20.04---BY PRESIDENT.
20.04.2010> P/A OF OP1(FINAL)NOT FILED-FOR ARGUMENTS ADJ TO 25.6.2010----BY PRESIDENT
25.06.2010> W/A FILED BY THE COMPL.ON 21.4.10 WITH THE SECTION-ARGUMENTS-M/s.SS ASSOCIATES FILED
VAKALAT FOR OP2-FOR FILLINGW/VOF OP2-C/ON16.7.10(F).
16.07.2010> FOR FILLING W/V OF OP2(F)-OP1VERSION NOT FILED-VERSION OF OP2FILED-OP1CALLED ABSENT AND SET
EXPARTE-P/A AND W/A OF OP2 BY 25.8.10.
25.08.2010> P/A OF COMPL.,P/A OF OP2 FILED-P/AOF OP1 AND W/V NOT FILED-W/V OF OP2 FILED-AT REQUEST OF OP2
P/A & W/A BY 28.9.10.
28.09.2010> P/A FILED OP2,W/A-P/AOF OP2 WITH DOCS(7) FILED-FOR W/A OF OP2-CALL ON 3.12.10.
03.12.2010> W/A OF OP2 FILED-FOR ENQUIRY 10.2.11.
10.02.2011> ENQUIRY – 5.4.2011
05.04.2011> BEFORE THE BENCH CALL ON 6.5.11
06.05.2011> P/A OF COMPL.&OP2 ALREADY FILED-OP1ALREADY SET EXPARTE ON 16.7.10-W/V OF OP1 NOT FILED FROM
5.10.09-P/A OF OP1 NOT FILED FROM 20.1.10-PETS.TO ADDL.DOCS-3 FILED BY PET/COMPL.IN THE SECTION
ON 6.4.11-COUNSEL OP2 REQUESTED BY TOMORROW ADDL.DOCS AND COUNTEROP2-FOR APPEARANCE
OF OP1 OR TO SET EXPARTE.
07.06.2011> FOR APPEAR. OF OP1 OR TO SET EXPARTE-W/V & P/A OF OP1 NOT FILED-MP162/11 IS PENDING-C/O.5.7
05.07.2011> M.P.162/11 IS PENDING-W/V&P/A OF OP1 NOT FILED- FOR APPEARANCE OF OP1 OR TO SET EXPARTE-OP1
CALLED ABSENT-SET EXPARTE-CALL ON 4.8.11.
04.08.11> M.P.162/11 & 206/11 ARE PENDING-CALL ON 13.9.11.
13.09.11> M.P.162/11 & 206/11 ARE ALLOWED-FOR W/A ARGUMENTS BOTH SIED-CALL ON 1.11.11.
01.11.11> FOR W/A OF BOTH SIDE-(OP1 ALREADY SET EXPARTE ON 16.7.10 & 5.7.11) CALL ON 16.12.11.
16.12.11> W/A COMPL. & OP2 ALREADY FILED ON 21.6.10 & 3.12.10--(OP1 ALREADY SET EXPARTE ON 16.7.10 &
5.7.11)-ADDL.P/A FILED BY THE COMPL.BEFORE REGISTRY ON 28.11.11 DOCS (3)-PET.FOR CONDONE THE
DELAY SETASIDE THE EXPARTE & P/A OF OP1 FILED BEFORE REGISTRY ON 2.12.11-ADDL.P.A .OF DOCS.
ALONG WITH 3 DOCS FILED-PET.PENDING-COMPL.&OP1 & OP2 REPRESENTS BY COUNSELS- C/ ON 6.1.12.
06.01.12> BOTH SIDE REPRESENTED BY COUNSEL CALL ON 10.2.12.
10.02.12> M.P.NOS.325/12,356/11&357/11 ARE PENDING CALL ON 28.2.12.
28.02.12> M.P.325/12,356/11,357/11 ARE PENDING.M.P.356/11 ALLOWED-M.P.357/11&2/12 PENDING-C/O 16.3.12.
16.03.12> M.P.357/11 & 2/12 ARE DISMISSED-FOR MARKING OF DOCUMENTS-CALL ON 27.4.12.
27.04.12> MARKING OF DOCUMENTS-CALL ON 21.6.12.
21.06.12> MARKING OF DOCUMENTS – PETITIONS FILED BY OP1 FOR SETTTING ASIDE EXPARTE-CALL ON 4.7.12
04.07.12> CALL ON 17.7.12.
G.S. Nagaraj
08 July 2012 at 13:04
I have to file a suit for refund of earnest money under unregistered agreement to sell in karnataka. under which section, I have to value my suit and pay court fee?
nirantara jo
08 July 2012 at 11:33
hello sir,
I need your help to solve out my problem.
My dad is 70 years old.
And he got a mhada flat in 1970 in Slum Clearance Scheme. And there is a civil case between ours and my guest who is not my relative, but before filling suit in city civil court we are the successor in mhada competent authority case but then also he not vacated the premises so I file suit in B.C.C. .
I have fighting a civil case in the court from 1980. and I am the plantiff and both of them got its position in the premises area.
And still in mhada records shows my name and my society is conveyance society
And in the society records also shows my name,
Several times I approach to society to take my maintenance bill.
But society is not taking maintenance from me, and also not providing share certificate.
In Jan. 2012 I have give my application for take maintenance and for share certificate but they are not respond on letter. And sometime they take maintenance from my guest but on my name is on the receipt copy, so why they are give favour to them .
I am give the reminder letter to the society they receive it on 2nd June 2012 by registered AD.
And now they are completed the procedure of redevelopment with the builders and within 2 months they are going to vacate the building but they have not done agreement with me.
So anybody give me the proper legal action on the society matters.
Regards,
Nirdesh
9870753440
Adv M.D.Azhar
08 July 2012 at 10:29
sir our opponent did not joined a party who has the interest in the said property but in the appeal stage they have given the application for joining as the party we have raised a question that such application can not be given in the appeal stage he has to give such application in the beginning stage of the suit, they have also cited authorities that such application can be given at any stage of the suit, is there any against authority for non joinder the party at this stage? please reply.
Adv.Vishal Anil Vyavahare
08 July 2012 at 09:48
Hi Sir,
My Client is Government undertaking company i.e. Soma Tollways who has constructed National Highway Road, purchased Agricultural Land for Non Agri. purpose and afterwards converted into N.A. land.
Meanwhile Tahsildar declared that Sale Deed invalid because Company is not Agriculturist and confiscated under provisions of Maharashtra Land Revenue Code due to breach of condition.
On revision SDO set aside the order passed by Tahsildar and held that Sale Deed is Valid because it is not necessary that company should be agriculturist as it is working for Government and empower to acquire or purchase any land for that purpose.
Aggrived from that order of SDO Tahsildar filed appeal in Court of Additional Collector for setting aside order of SDO.
Whether Tahsildar is competent or having power to file Appeal against the order of his Superior Officer?
Whether Tahsildar is aggrieved party within the meaning of provisions of CPC ?
Whether Collector and SDO has power to declare sale deed valid or invalid ?
If yes or not please suggest the proper remedy and case laws for above.
mahendrakumar
08 July 2012 at 07:06
normally parties are entitled to file appeal before the higher forum within 30 days of receipt of order.
is this "date of receipt"relevant now as most of judgements are publicly available at the official website 'confonet.nic.in"?
can it be presumed that all concerned are aware about the judgement by mere publishing the same in the official website?as such can we plead that 30 days should be counted from the date of publishing the judgement?especially,when an advocate appears for the relevant cases?
any case laws in these line?
Chetan Pardakhe
08 July 2012 at 06:19
1) under which provision of CPC or Limitaion Act the objection has been raised when the suit // counter claim is filed beyond limitation.
2) what is the limitation for partition
Pls explaint with case laws. and relevant provisions
thanks
Regards
Sukumar V M V
07 July 2012 at 22:04
Hi,
I am business man, seven months ago I was in need of money. One of my friend referred me to a charted accountant, said he had arranged many loans to many people and having good contact with banks, if I would approach him,he can solve my problem by easily arrange loan for me.
By taking his suggestion, I have approached him, he has taken around one lakh rupees, by saying for my IT returns, for stamp duty and etc., and said he am going to get a loan of 40 lakh from State bank of India, this has happened 4 months ago.
Now he has not even responding to my calls, when I inquire about him, came to know he has cheated like this so many people.
After knowing this I had recorded his voice, now I have some supporting witness to prove as he had taken one lakh rupees from me.
I would like teach him a lesson and stop him to continue cheating some more innocent people like me.
Please could you suggest me how I need to proceed against him.
Thanks & Regards,
Sukumar
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Urgent
Dear all,
S.L.P. has been lodged by Registrar ( Jiii) Supreme Court Of India on account of failure of removal of defects with in time .
Whether a second S.L.P. can be filed ? Kindly reply me also on mail. Thanks with regards.
Raj Kishore Vaish