NIMESH
28 December 2019 at 13:26
Dear Sir,
I had filled case for encrochment on my land before Tehsildar and into civil court. The Tehsildar decided the case into my favour but into civil court it was decided against me and now i went into appeal. My lawyer advise that we will revert the case back to lower court their we argue and will withdraw the case. I want to know whether it is legally possible and what will be impact if we do like this? Will the earlier order issued by civil court will be valid or not?
Sumit Lakhotia
27 December 2019 at 11:54
Hi- I have following issue from apartment above me. Pl guide what should be my approach.
thx
Issue: 2 bathrooms of Apartment 306 is leaking water into the walls of Apartment 206 for more than a month. This problem was solved temporarily last year by grouting of cost 3000/- bear by Sriven Towers Association ( as part of bigger activity of doing same for all the apartment).
Currently family with 2 small kids are staying as tenants and they are also started getting electric shock in Tap, Kitchen potentially due to this leakage.
#306 owner agree to allow plumber to change tiles for both bathrooms but cost of 40000/- approx to be borne by #206 owner for reasons unknown.
Query: What is the Legal Stand of # 206?
1. Who -will send notice ?- Tenant of 206, Owner of 206 or Sriven towers Association?
2. Whom- Notice be sent to- Tenant of 306, Owner of 306 or Both?
3. Where- would be notice posted to- Tenant 306 apartment in Sriven Or Owners Current address- In the event of owner address unknown, can it be send to tenant hand
4. Fail-safe mode- In the event, legal process goes lengthy, expensive or logistica overhead- Will owner #206 still be allowed to fix #306 tiles on his own cost so that tenant #206 problems get resolved.
Follow up Question:
1. Is association responsible to mediate between 2 owners when they are NOT in mutual agreement? Can there be a notice to association as well?
Anonymous
25 December 2019 at 20:43
What is the exact diff ve recission and cancellation of instruments in specific relief act, 1963?
Shekar Suman
25 December 2019 at 18:28
This is regarding appeal case going on in the State Consumer Commission i.e. KSCDRC Bangalore.
The Appeal case is filed by the Appellants who have not paid a single naya paisa of the 10 lakhs awarded by the 4th additional DCDRF Bangalore during November 2018.
The Appeal case has been going on and on and I have represented myself in person and filed written arguments against the Appeal filed.
The Commission has taken 4.25 laKhs as deposit for hearing the case. The judge threatened to send back the case to lower forum if I did not agree to compromise with the appellant op and receive a lesser paltry sum of money as opposed to the orders of the Lower Forum directing the appellant OP to pay me 10 lakhs in toto.
Though I objected to the judge using bullying tactics to favor the appellant OP when he said if I do not agree to compromise and receive lesser amount, he will make me roam to court for another 3 years in lower forum by remanding back the case to lower forum. or go to Supreme court of India for appeal and waste another 3 years.
Why is the judge telling Supreme Court appeal? Is filing appeal at NCDRC is of no consequence?
On reporting the matter to Registrar of commission, he states that 3000 cases are pending and only 1 judge in the commission, so somehow he has to finish the case. That is why he is doing like this, he told.
My question to advocates is, can a judge do like this? Is it not illegal and misuse of discretionary power?
What can be done in this case?
Anonymous
25 December 2019 at 17:04
Sir,
My agreement has been lapse in 31/03/2019. I have asked to tenant increase the rent and renewed the agreement. But the tenant neither increase the rent and kept a demand, agreement should be three year, earlier it was of one year agreement. Instead he started to deposit rent in court.
So is there any way for me.
anu radhalll
24 December 2019 at 19:20
Hi experts.
It is land case.Ex person filled a case on my land in High Court and RDO (Revenue Division Office) in the year of 2017.On Last Saturday RDO given a judgement on my favour(my side).Now Ex person can go to injunction order? and what is process of ex person? What is limitation to appeal for that judgement.
Shall I apply for caveat? Where i want to apply caveat?
Anonymous
19 December 2019 at 22:48
Sir I am working in central government hospital and after 3 years of service I applied Extraordinary leave for study purpose and did MS ENT in state government medical college .in my EOL order it was stated that I should join service on 1/5/2019 after completing my 3 years course..but in medical college they said that if I need stipend I should sign the bond to serve the state government for 2 years..I told them that I have already signed a bond to serve central government hospital that for EOL I should serve them for 5 yesrs but they did not listen..i.signed the bond and completed the course and joined the cghs hospital...my certificates are with the medical college...my cghs office has sent a letter to the medical college to return my certificates...but they are not giving the certificate and they issued a posting order to state government hospital....what to do...I cannot go and serve the state government bond...otherwise there will be a break in service ..I was selected as non service pg in open category...I was not eligible for salary from CGHS but stipend is paid to all working non service pgs...kindly give suggestions on how to proceed...thank you
gopal
18 December 2019 at 16:27
Respected Sirs,
My mother aged about 64, filed a writ petition for land acquisition arbitration , on 08.11.2019. The first day of hearing came on 11.11.2019 . On the hearing the respondents asked 3 weeks time to reply , hence the Hon'ble Judge posted the next hearing on 02.12.2019 . on 30.11.2019 the High court roster changed 2.12.2019 on wards the other Judge assigned for the land acquisition cases, moreover on 02.1.22019 and 03.12.2019 the Hon'ble Judge not sitting so my mother wrti petition not taken in the second hearing and till the date it was not taken for hearing. I went and check the case status through online , In online, it only shows that the same date 02 Nov 2019 (the date which is already over) for next hearing.
my advocate told that it is upto the court list when ever it is coming to the list then only we can proceed.
In this situation I would like to ask the following
1. How can I bring the Writ Petition to the list for hearing.
2. Do my mother aged about 64 can write a Greviance redressal requisition letter to the Registrar General praying, to bring the Writ petition into the list of hearing( is it possible to write a grievance letter to the Registrar general).
3) is there any seperate provcedure is there for bringing writ petition into the hearing list.
kindly provide the abouve information and your valuable suggestions and guidance pl
thanks and regards
nandagopal
kishorbhaihora
18 December 2019 at 16:13
hello sir,
legal notice by plaintiff to defendant in suit of specific performance of contract is mandatory or Not ? if any judgement relenting to this matter provide to me
thank you sir
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Registering our family owned temple
HI,
We have a family owned temple which was founded by our great grand fathers. A joint family of 7 grand parents (Two mens and 5 women) founded this temple and start worshiping it for the past 50 years. So this temple belongs to those 7 peoples and their generations. Out of those 7 family, only 2 persons from respective two families took the ownership of governing the temple and organizing the festivals. Now there are many threat started coming from outside of these families. SO now we would like to register the Temple under these 7 people in which 2 persons will continue governing it. We have to include the history of this temple and make it official and ensure that this temple belongs to those 7 families only.
how to proceed with registering the temple.
Is registration in Govt official documents will solve the threat from out side.
Do we need to form a trusty on the temples name
Please suggest.
Note: there is no difference of opinion within these 7 families. The temple is only worshiped by our community and not opened to all. These 7 families every year share some money to conduct the festivals.