Tanmay Tiwari
12 January 2012 at 10:46
Is there any judgement defining the difference or separating regulatory jurisdiction and other civil matters?
Anonymous
12 January 2012 at 00:16
Dear Expart,
I am the plaintiff of suit of Specific Performance of Contract and the agreement for sale executed by and between myself and the defendent company six month back where their is/ are no Arbitral clause of which was signed by me.Now the defendent company/ Developer in order to clutch the plaintiff with their yoke of wish according to their suitable ways of twisting of the statutory proceeding to be awarded in their favour intentionally designed and framed out a registered declaration which was annexed in the said application under Sec-8(1) of Arbitation & Conciliation Act ,1996.I further like to inform you that unfortunately I had lost the copy of the agreement for sale, for that I had filed the suit against the defendent but not any application Under section-9 of the A & C Act1996 . The defendent company registered the said Unilateral Declaration after six month mentioned the arbitration clause therein . My question is this as per the Sec-8of the Arbitation & conciliation Act,1996 and also from the settled principal of law that an agreement can a court entertain an application U/S-8 (1) Arbitration & Conciliation Act1996 on the basis of a declaration of defendent in absence of any meeeting of mind between the parties, which could create a binding contract between thereon. There should be a special reference indicating a mutual intetion to incorporate the Arbitration clause from another document into the contract.
Please give your opnion with suppoted judgement of the Apex court, It is urgently needed.
thanking you,
Mr Swarup Narayan Roy,
Advocate, High Court,Calcutta
surya
11 January 2012 at 23:36
respected sirs,A is a protected tenant of B IN ANDHRA PRADESH.ON 21-5-1961,B SOLD THE LAND TO A and A ACQUIRED OWNERSHIP AND HE WAS GIVEN TELANGANA PROTECTED TENANCY ACT CERTIFICATE ON 7-9-1961.NOW A PERSON C COMES UP WITH A SALEDEED EXECUTED BY A(TENANT) ON23-2-61. IN THE YEAR 1986 C FILED A CASE IN THE LAND GRABBING COURT THAT THE HEIRS OF A(TENANT) ARE LAND GRABBERS.IN 1990 THE LGC NAMED HEIRS OF A AS LAND GRABBERS AND GAVE A JUDGEMENT THAT C HAD ACQUIRED THE LAND TITLE BY ADVERSE POSSESSION.FOR THIS C SHOWED 8 XEROX COPIES OF LAND REVENUE BILLS PAID IN HIS FAVOUR FOR THE YEARS OF1962-1968 AND 1972-1976.THREE REVENUE BILLS NOT PAID.HE DID NOT PLEA FOR ADVERSE POSSESSION IN LGC EVEN WITHOUT A PLEA HE WAS GIVEN ADVERSE POSSESSION .THEN THE CASE WENT ON TO HIGH COURT AND SUPREME COURT WHERE THE DOCUMENTS OF C WERE PROVED AS NULL AND VOID.THE APEX COURT ALSO STATED THAT WITHOUT A PLEA IT IS THE ERROR OF LGC TO GIVE HIM ADVERSE POSSESSION.NOW C SAYS MY DOCUMENTS ARE VOID BUT STILL I HAVE ADVERSE POSSESSION AND HE IMPLEADED INTO A SPECIFIC PERFORMANCE SUIT FILED BY D ON THE SAME CASE FILED IN 1996 IN THE CITY CIVIL COURT AND THE JUDGE WHILE DISMISSING THE SPECIFIC PERFORMACE SUIT OF D,GRANTED ADVERSE POSSESSION TO C.IMMEDIATELY WE WENT TO HIGH COURT .THE HIGH COURT SUSPENDED THE JUDGEMENT OF CITY CIVIL COURT STATING THAT ADVERSE POSSESSION WAS GRANTED WITHOUT A PLEA AND GAVE US STAY ORDER.SIR HOW CAN A CITY CIVIL COURT JUDGE AFTER THE DIRECTIONS OF HIGH COURT AND SUPREME COURT GIVE A CONTRARY JUDGEMENT LIKE THIS.IS THERE A FORUM WHERE I CAN REPRESENT THE INJUSTICE DONE TO ME OR THE PERSON A.WHAT IS YOUR OPINION REGARDING THIS CASE
ganesh kumar
11 January 2012 at 21:18
Matter has been disposed by Ld. ADJ in pursuance of compromise between the parties. Plaintiff has filed all original document of the property in question, after disposal he did not received the documents despite order. Now I have purchase the property in question and I was not the party in the said case. All the original documents is in the court records, i want to obtain those original. GUIDE ME HOW THIS WILL POSSIBLE. Can I move an application U/O I rule 10 CPC or I have to move high court for the same in writ jurisdication, because the Ld. Adj has refused and dismissed my application as withdrawn. I DONT HAVE THE OPTION TO GET NOC
kishore
11 January 2012 at 15:28
sir...iam running business in rented shop....in hyderabad.....actually i use to give rent to person X.....but later after three years i came to know tat X is not owner of shop.....next its propert dispute in hyderabad court...
i mean i came to know X..is not owner...actually...y and z are two cousin brother having court dispute in hyd since 12 years....but shop was under Y position....later X given some amount to Y...saying he is owner...but later Y issued notice to me to vacate shop tat X is not owner next X even did not have registered saledeed agreement...just X as made is unregistered saledeed which property is court dispute in 2005 ....next Y given legal notice to me to vacate shop tat his son is intrested to do business....but electricty and propert bills are on name of Y....whether X is owner or not...as he is unregistered saledeed ....tat to court dispute.....is there any chance to run my business continuously....but X is collectiinng rents from me..next X has only unregistered saledeed ...which was already cancelled by Y....whether X saledeed is valid...next how to continue my business..
Anonymous
11 January 2012 at 14:17
Sir
I am residing in Changanacherry, Kerala. The house opposite ours has a very troublesome dog. It starts howling around 3 to 4 times a day and won't stop unless it gets its way. It may want to be let free from its cage or it may want food. The thing is the owners wont respond to this for at least half an hour to 45mins. So we have to suffer the noise for that long.
Also the dog barks at anything that moves outside the house, if an ordinary passerby crosses the home on the public road, it barks. If some other strays come by it barks. It is very loud and very troublesome. Whatever activity we are doing come to a standstill because of this dog.
It has become the bane of my existence. My sleep is also disturbed on some days.
The dog has decided for itself certain times when it needs to be out and when it needs to be in the cage and the "owners" have to dance according to its tune.
Another thing, the owners sometimes lock this dog up (during the time it has decided it should be outside) and they go on some trip to some shop or so and for that half hour or hour or however long we have to suffer this dogs antics.
Sir, I have no idea what to do. We have repeatedly told these people but they just don't care. They are very cool about it.
Is there some legal procedure for me to make them control their dog?
You must know something, the owner's brother is also a lawyer and he is also a neighbor living right next door.
Please help.
Thank You
Anonymous
11 January 2012 at 13:37
Dear Sirs,
How can we get the authentication of the plot registration done ?
Can a developer after getting the registration done, sell the same plot to some other client, or otherwise can do any other fraud after the registration is done in some one’s name ?
Kindly revert back.
Best Regards,
Anonymous
11 January 2012 at 13:17
a sale deed of a house and open site was registered in 1974,in that the boundaries of house are correctly mentioned but boundaries and area of the open site are wrongly mentioned, based on that registered sale deed, now the purchaser has filed declaration suit to ensure his title over the open site. now the defendants whose name is mentioned as owners of that open site in the Panchayath Property Book, challenging that the sale deed is not binding on us as the actual boundaries and area open site is deferent.
defendants were not parties to sale deed.
WHETHER THE SALE DEED IS BINDING ON DEFENDANTS ?
WHETHER THE SALE DEED IS VALID ?
Mehul
11 January 2012 at 00:55
Hi,
About 3 weeks back, i travelled via an International flight. The journey was 11 hours long.
I am strict hindu vegeterian, and so, a week before the flight, i had lodged request with the airlines for vegeterian meals to be in place.
usually the airline entertains personal choice, (as it did, when i went with the same, previously).
This time, when i boarded, i was told, that they had not taken down the request for vegeterian meals, and hence, had to starve on the 11 hour flight.
The airhostesses dint look very concerned as they were busy in entertaining other passengers. It was a horrfying troublesome journey.
Upon arrival, i wrote email to the airlines regarding their fault. In their first reply, they claimed, the mistake was on my side, and i had not booked meals. In subsequent emails and investigations, the airlines ACCEPTED their fault in written, that their officer failed to take down my preference, and hence the disappointment.
I then asked for a compensation, against causing me so much of trouble...literally starving me on an 11hour flight.
They appear absolutely indiffernet, and said, all their rules canallow them to, is to offer a 50usd voucher to be used for next travel.
It makes no sense, in getting compensation, that too so meagre, in form of a voucher, coz u cant be compelled to use their services once again.
I am really so pissed off by this airlines, claiming to be world` one of th ebest airways, for the kind of treatment they give inflight.
Kindly tell me, how may i proceed against this airlines? How can i take it to court of law?
Compensation to tune of what amount could be claimed for the harrasment ?
Note - The airline belongs to Hongkong, the ticket was purhcased from indian office. The Economy class return ticket`s cost was approximately 56000.
Waiting for your reply,
Thank you!
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Probate
My sister is holding a WILL made by my mother in 1995.Mother expired in 2004.In this 1995 WILL she had given entire property to my sisteras an arrangement in our family for certain reasons.
In year 2000 mother made another WILL after I myself got married.My sister was holding both the WILLs.She told mother that since new WILL is made in 2000 she has teared off the old will.
After my mother's sad demise,sister produced the old WILL of 1995 and looking for probate.
My query is:
1) Can she get probate without my knowlade as we both are the only legal heir to her.My Dad also expired sometime back.
2) Do the probate court consider or seek or allow me to explain the motive of the WILL of 1995.
3)This mother's property is our residence and I don't have any other place as my residence.My sister is married and has her established family house.so can she throw me out.How the court will decide my position.