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Anonymous   09 October 2011 at 20:27

Society matter

Dear experts,

query related to society act and powers

my neighbour has grab the corridor place by taking the consent of only four people only.

is it possible to by law/ power of society act to secratery/ chairman to change the structure of the premises .

if anyone with an intention to harrass neighbours , changing the place of their of their main gate forcibly.

in such a situation what remedy one can take.

Anonymous   09 October 2011 at 15:30

Law

Sir,

May i know what is constructive res judicata in simple words..how does it differ from res judicata?

lalit   09 October 2011 at 12:57

Language of affidavit in reply

Dear Sir,
i am to prepare an affidavit in reply to written objection statement by the defendant.
The defendant has continuously referred to a document which is irrelevant to the point for determination.
please help me with appropriate language for affidavit.
I say that the defendant is referring to an alleged document which is irrelevant to the real point of determination...which is mala fide mischievous
I say that the defendant is referring to an alleged document which is irrelevant to the subject matter of the instant suit.......
I say that the defendant is referring to an alleged document which is irrelevant to the
which is of no relevance to the real issue of contention.... to mislead the learned court from.....
PLEASE CONTRIBUTE YOUR VALUED SUGGESSTION.

Anonymous   09 October 2011 at 12:56

Help to restrict our country from corruption

in near to My has constructed his new building and he has encroched /extended his building upto about 6 cent in railway land, railway officers are not taking any action despite knowledge of this encrochment for the reasons best known to them, i have heard that there is spesific provision under Railways property (unlawful possession )Act in respect of encrochment on railway land, i am ready to move written complaint before railways authority for registration of FIR against this encrochment , i want to know any public man can file complaint for registration of FIR in such situation,kindly help,railway officers are not taking any action ,kindly also suggest me any remedy/provision so that i can file complaint/petition in court directly,Thanks .Regards
my contact no;9047606864

Anuradha Kumari   09 October 2011 at 11:52

Harassment by builder

On booking of Flat, I had given A/c Payee Cheques (towards 20 % of the Flat Basic Cost). I was told that they are not going to demand any money from me further till the registration process is over... But, when they sent me this letter stating that 50 % work is completed and I need to give additional amount... Then I confronted, that it was discussed that a HOUSING LOAN is must.... So, first registration process be completed and then further money payment flows ...... I had a slight confrontation with them. As a result, they now say that they don't want to sell the flat to me. I then asked, to give me a cancellation letter.. but they didn't.. They are asking me to write a cancellation letter and attach the original money receipt and give... Further... THEY MAY GIVE ME my MONEY after 6 months so... (Nothing Promising/ forthcoming).... Kindly help/ advice ...
In spite of the Builder's insistence to me to cancel (on Tele), I FAX-ed one letter stating what talk did I had with their sales team at site some months ago and that it was mutually agreed that I pay 20% of Flat Basic Cost at that time, Registration will be done afterwards and then rest money will be there..... I clearly stated my inability to pay any money without a HOUSING LOAN... but no reply has come yet from the BUILDER's side AS YET........

Suppose, I go to their office with a cancellation letter and if they might not like its content or if they just take the cancellation letter and original receipt and not give anything signed to me as a token of evidence,----- suppose suppose.... How the situation should be handled (carefully and without complications)
There has been no cancellation aggrement etc. between us.....
Kindly Guide

Amit Kumar   09 October 2011 at 11:25

Stay/postpontment of procedings

Dear sir/Ma’am
I want to know that if the plaintiff itself lodge/filed the complaint with the CBI and the CBI is conducting investigation,regarding the involvment of the bank officials for commiting fraud upon many people, and the matter in the civil court is at the stage of PE, can we the defendant at this stage made a request to the CJ to stop proceeding of PE till the matter is investigated by the CBI as in this civil recovery suit some issues was that the bank officials themselves involved in committing frauds and the same fact was also accepted by the bank/plaintiff that some of its employees/officials are guilty of disbursing loan on fake doc’s. And the plea of the defendant was that he had not got any single penny of the loan amount.
Please also mentioned under what provision the stay/stoppage of proceedings can be obtained and it will be of immense help to me if any one of Hon’ble members can provide me one or two Judgments supporting my Query.
My E-mail id is : amit_kumar@lawyer.com
Thanks & Regards

Amit Kumar
Advocate

SSng Aulakh   09 October 2011 at 10:45

O.o.c.j. suit no.527 of 2005 bombay high court

PETITIONER IS APPEARING IN PERSON. EXPERTS PLEASE INFORM AS TO WHAT PUNISHMENT THE GUILTY MAY GET FOR DELIBERATE CONTEMPT OF COURT.

Anonymous   08 October 2011 at 19:16

Cpc. (suit fo damages)

when there is fall of electic wire on ladyand she sustain enjury and hospitalise and spend huge amount when she is hospitalised,then she file suit for damages against m.s.e.d.co.l.and at the time of her evidince whether medical bill which she produced can be exibited or there is need to examine medical owner and dr.
pls explain according to evidience act with provision and if possible then with case laws.

kuldeep kumar   08 October 2011 at 19:13

Delay in enforcing cat orders whether amount to contempt?

I NEED EXPERT ADVICE ON FOLLWING MATTERS-
A)A PERSON JOINED AS TRAFFIC APPRENTICE IN YEAR 1978 AND DID TRAIING FOR 3 YEARS AND HE WAS GIVEN CADER OF SECTION CONTROLLER IN RAILWAY ON COMPLETION OF HIS 3 YEARS TRAINING.CADER RWVIEW TAKEN PLACE IN YEAR 1984 WITH BENIFIT FRO 1.08.1982 BUT THIS BENIFIT WAS NOT GIVEN TO SECTION CONTROLLER CADER WHEREAS OTHER CADER WAS GIVEN THIS BENIFIT FRO SAME DATE 1.08.1982.WHEREAS SECTION CONTROLLER CADER WAS GIVEN BENIFIT FRO 1984 INSTEAD FRO 1982.DUE TO INJUSTICE CONTROL CADER APPROACHED COURT WHICH ORDERED TO CORRECT THIS CADER INJUSTICE AND ALLOWED BENIFIT TO CONTROL CADER W.E.F 1.08.1982.ABOVE COURT DECISION GRANTING RELIEF OF CADER INJUSTICE AFTER 15 YEAR I.E 1999.
DURING THIS 15 YEAR PERIOD CONTROL CADER REMAINED JUNIOR IN GRADE WHICH RESULTED IN NON CONSIDERATION OF CONTROL STAFF FOR PROMOTION AS PER SENIORITY.VARIOUS EXAMINATIONS FOR PROMOTION ON THE BASIS OF SENIORITY BY RLY ADM FOR WHICH CONTROL CADER WAS CALLED AS BEING JUNIOR THAN THEIR CONUTERPARTS WHO ATTAINED SENIORITY BEFORE CONTROL CADER.AFTER THE OUTCOME OF JUDGEMENT OF SC IN 1999 THE WHOLE SENIORITY FRO 1.08.1982 WAS REVISED AND CONTROL CADER WAS TREATED AS SENIOR THAN THIER OTHER CADER FRO 1.08.1982.
AFTER 1999 THE FIRST CHANCE FOR PROMOTION
WAS GIVEN IN YEAR 2003 WITH CONDIDATES HAVING REVISED SENIOITY WHEREIN I WAS ONE AMONG THOSE WHO QUALIFIED FOR NEXT PRONOTION IN YEAR 2003 IN GROUP 'B'.
I JOINED G'B SERVICE FRO 22.01.2004.I CLAIMED MY SENIORITY WITH THE PERSONS PROMOTED EARLIER DURING PERIOD FRO 1982 TO 1999 WHO WERE JUNIOR TO ME AND IN ADDITION WERE WORKING IN NEXT HIGHER GRADE I.E SENIOR SCALE WHICH IS HIGHER TO GROUP 'B'.
NOW I RETIRED ON 31.01.2008 WITH JUNIOR SCALE OF GROUP 'A'.WHEREAS JUNIOR TO ME WERE WORKING IN SENIOR SCALE WHICH IS HIGHER TO GROUP 'A' JUNIOR SCALE.
AFTER RETIREMENT THE FOLLOWING RELIEFS ARE GRANTED TO ME AS UNDER-
1)I WAS GIVEN PROFORMA FIXATION W.E.F 1992 AT PAR WITH MY JUNIORS AND ON ACTUAL BASIS WITH EFFECT FRO DATE OF JOINING ME IN GROUP'B'.
2)I WAS NOT GIVEN SENIOR SCALE WHICH IS OF GRADE 10000 TO 12200 AT PAR WITH MY JUNIORS.
3)ALL THESE ABOVE MENTIONED BENIFITS GIVEN TO ME WERE DUE TO AS PER CAT JODHPUR ORDERS IN YEAR 2006 WHICH WERE DELAYED BY RLY ADM AND GIVEN TO ME AFTER MY RETIREMENT IN 2008 DUE TO THE REASONS BEST KNOWN TO RLY ADMINISTRATION.

rajan james   08 October 2011 at 18:17

Succession certificate

sir,
how long will it take to get a succession certificate from delhi saket court

i wish to get succession certificate in the name
of my mother, i am willing to give noc in the court
apart from me and my mother who else can claim for the succession certificate i have an uncle in delhi he is also willing to give noc