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jeetendra patel   11 February 2012 at 19:44

Interim stay

Dear colleagues,I have filed a Misc. Civil Appeal alongwith application for delay. I have also preferred an application for stay for staying the operation of injunction order passed by the trial court in following words which is on the face of record abuse of discretionary power.
"order of status is made absolute till disposal of suit."
(1)Can court grant interim stay to the operation of injunction order pending hearing of delay condonation application.
(2)Is there any latest landmark judgement in which manner in which how to exercise discretionary power is discussed.
please enlighten me on above points.

kalpesh1963   11 February 2012 at 18:41

Specific performance

we entered into contract of with the supplier for the project for the 300 tpd plant ( including design/plant and machinery)

at the commissioning and trial there were so many problem and capacity was not achieved as committed.

Now, due this we suffered huge loss in terms of production and quality of the products.

So please send me the draft of notice to be give before filing suit for the recovery of the loss amount and specific performance

pawan kumar   11 February 2012 at 17:06

Exparte decree

an ex parte decree awarded against defendent who did not file written statement and also did not deposit cost for default in filing w/s. defence struck of. defendent did not done arguement case adjourned for ex parte evidence of plaintiff . ex partedecree passed in favour of plaintiff can be setaside by same court or by higher court or cannot be set aside as defendent had no cogent reasons toexplain for his frequent absence and not cooperating with the court inproper conduct of case. defendents generally adopt these tactics to deny justice toplaintiff. can any body explain complexity of indian legal system

Viral Shah   11 February 2012 at 16:44

Rent act & civil procedure code

In 2005 SC has confirmed the eviction decree, after we filing execution tenants brother filed objections, appealed and playing around in the courts below. now tenants wife as legal heir has objected that landlord has not joined all the legal heirs in EP. (where in tenants brother appeal she only made a statement that she is the only legal heir).
The District has dismissed the appeal & even the High court has dismissed the appeal for not bringing all the heirs in EP.They are all bound by the decree. Now what is the other remedy for the tenant to delay the execution petition. he has to go to SC of a review before the HC ?

Ramesh   11 February 2012 at 15:59

If lease document is not clear (explanatory) ?

Dear Sirs,

In an old Lease document of the year 1320 Fasli (ie year 1910)a portion of land was given on permanent lease to one person;In which, the extent of land is not written(as was practiced in those days) but topography of the land was explained in native language, which is part of the Maktha.This ambiguity had become real problem and case is going in different courts for the last 30 years.

My request to THE EXPERTS is, how to over come with this problem, is there any rulings from the APEX court in this context.This pertains to the state of A. P.

Please guide me in finding the solution.

Thanking you All.

deepak panchal   11 February 2012 at 10:09

Harassment by managing committee

Sir/ Madam,

I am giving detailed version for advice for justice.

I am bonafide member of hsg society.Our society has more than Rs 100000 share capital but the self appointed managing committee without M20 bond and ineligibles, disconnected my water connection on 13/11/2011 without intimation and when we were not home.I reconnected water lines after visit to police station who did not take my complaint but spoke to chairman.On 14/11/2011 the managing committee again broke my water connection and cross police complaints were registered inspite of no falut of mine.The managing committee did not reconnect my water connection inspite of directives from Sub Registrar. Now they find new tricks to harass my family.I have not cleared maintenance arrears in protest as they have not resolved my problems of many years.I was made to go through local political pressure to pay up and also to not persue the matters legally.

saurav   11 February 2012 at 09:48

Power of executing court?

Is there any circtmstance under which an executing court can refuse to execute a decree?
One circumstance which i think is the inherrent lack of jurisdiction as to subject matter.

manoj   11 February 2012 at 00:19

Changing names

satish   11 February 2012 at 00:17

Govt. officer not working

If a govt. officer is not performing his duty or deny on baseless reasons. Than what is process to get a direction from highcourt to force him for his duty. How much time normally it take.

Ramkrishna   10 February 2012 at 22:37

Regularizastion of a deviation

IN 2007 THE AP GOVERNMENT HAS INTRODUCED A SCHEME CALLED "BUILDING PENALISASTION SCHEME" AS A ONE TIME OFFER WHERE IN PERSONS HAS HAVE DEVIATED FROM THE SANCTIONED PLAN AND THOSE WHO HAVE MADE UNAUTHORISED CONSTRUCTIONS FROM THE YEAR 1985 TO 2007 ARE ELIGIBLE UNDER THIS SCHEME.
I HAVE A QUESTION IF A PERSON WHO HAS BOUGHT A FLAT IN 2004 WHICH IS DEVIATED GOT IT REGULARISED UNDER THIS SCHEME AND AGAIN IN 2010 MADE ANOTHER DEVIATION AND APPLIED FOR REGULARIZASTION.
WOULD THAT PORTION HE HAS BUILT CAN BE REGULARISZED AGAIN.