Anonymous
01 October 2011 at 18:52
Hello,
My ailing mother who is bed ridden now gave me all the rights including rights to usuage of the property and to file cases in courts also .
As i now need property for my and my mothers livihood and me and my mother do not have any other commercial property except the said one on which i am a tenant and from where i earn my families livelihood .
Can I file the case of eviction against the tenants for Bonifide usage u/s 14 (1) (e) on my name or should it be in name of my mother .
Thanks.
Anonymous
01 October 2011 at 16:42
Dear Sir,
A suit for cancellation of sale deed, suit for possession and suit for mandatory injunction has been filed by the plaintiff suit bearing No. 619/2011 and another suit for mandatory injunction 9/2011 is filed in the same court by the plaintiff. Now the statutory period to filed the WS i.e., 90 has been expired and therefore the Defence got struck off in both the suits. Defendant moved an application for recalling the above noted order on the same day ( but only single copy). the application tagged with the suit No. 9/2011 instead of 619/11. The Civil judge put up the another suit i.e., 619/2011 for PE. The above noted application is pending in the Civil Court and put up for argument. Now what to do? please suggest me with the appropriate citations.
Anonymous
01 October 2011 at 16:10
I am Petitioner-in-Person in SLP(civil). After petition, counter affidavit and rejoinder, case was listed for final disposal. In 2nd hearing Supreme Court directed the respondents to file certain information on an affidavit. In response to this affidavit I circulated and filed a SUR-REJOINDER. It has gone on record and has been duly paginated. Respondents asked for adjournment to read my lengthy sur-rejoinder, which was granted without fixing next date of hearing. I want to file an application praying for 'consider my sur-rejoinder as my written arguments and dispense with oral arguments by me, for expediting my case as it is a case of reinstatement in service and soon I will go past age of superannuation'. Under what rule I can make such an application. Will registry accept such an application. I will be highly obliged if someone provides me a sample format/wording for this application.
Anonymous
01 October 2011 at 15:21
I have filed the writ petition before High Court and which was dismissed as following:
"The petitioner calls in question the legal propriety of the orders
dated 8th February, 2011 in O.A. No.xxxxx and 12th June, 2011 in
R.A. No xxxx passed by the Central Administrative Tribunal, Principal
Bench (for short, ?the tribunal?), whereby the tribunal has declined to
interfere on the selection and appointment in respect of the post of
Technical Assistant in xxxx completed in 2001 on the ground of
limitation and further declined to entertain the review application.
Having heard the petitioner in person, we are of the considered opinion
that selection and appointment could not have been challenged after a
span of eight years. It is also noticeable that none of the selectees
were arrayed as a party.
Judged from both the spectrums, we do not find any infirmity in the
order of the tribunal and accordingly it is affirmed."
The factual point was that merits of the case was already been decided by its previous order of CAT dated 24.06.2010 and has gone in my favor which was remanded back to CAT by the writ petition filed by the Respondent and above orders had gone aginst me which I has challenged and dismmised by HC..
I have been challenging the arbitrary act of the Respondent for denial of the vacancy which had been created when the panel was in vogue. There is no one becuase the vacny was not filled but The HC has not considered my point and mistakenly understood that I have been challenging the selection process without making any one party
Looking from above circumstances whether it is advisable to file Review Petition or should file SLP before Supreme Court
Anonymous
01 October 2011 at 11:00
Dear Experts,
Afer reading the reply of experts at http://www.lawyersclubindia.com/experts/New-electricity-connection-235411.asp that electricity is not a fundamental right, I am really surprised at their blinkered view about fundamental rights and also some of them are blindly following the other in saying "I agree".
Just because there does not exist a precedent of judgment by High Court or Supreme Court does not mean electricity is not a fundamental right. I would like to emphasise that these days many advocates tend to build their cases predominantly on basis of case laws. Nothing wrong with referring to case laws but depending entirely on case laws should be avoided. In the words of Fali S. Nariman an internationally admired and respected lawyer, the over use of "case law" is "case law diarrhea".
Right to electricity is a basic human right. Also fundamental right does not mean it has to be free. Even our right to life is not free since we have to pay taxes from the income we make for sustaining our life.
It is a fact that essential services are those essential utilities needed for everyday life like water, gas and electricity(for power and heat), and a telephone line. It is also a fact that right to life is guaranteed fundamental right and right to life does not mean a restricted meaning of just a vegetative existence.
Since essential services are human rights, in many western countries they can’t be shut off, even for unpaid bills, during the “winter months,” which usually are measured from a specific day in November to a specific day in March, April, or even May.
Also the right to internet access has been declared a fundamental right in many countries. Finland was the first country on record in 2009, to establish 1 Mbps Internet access a fundamental right, but the list now includes France, Mexico, Estonia, Chile, Greece, Nigeria and South Korea, among others. Even United Nations believes internet access is a fundamental human right. Related discussions can be read below:
1) http://broadband.about.com/od/International/a/United-Nations-Broadband-Access-Is-A-Basic-Human-Right.htm
2) http://www.siliconcaribe.com/2011/06/21/should-internet-access-be-a-basic-right-in-the-caribbean/
3) http://www.eco-imperialism.com/content/article.php3?id=10
Just an example, can we imagine to communicate among ourselves without electricity and internet on this website? Just think about the role being played by electricity and internet in today's society.
Anonymous
01 October 2011 at 10:46
The contents in registered WILL deed are as follows.
My grand father and his brothers distributed land in year 1935 orally and started enjoying. Actually my grand father got 850 sq yds.On year 1960 he construvted RCCO house in 446 sq yds and started paying house taxes of assesment no:18205, and he was died on year 1964 and my grand mother sold 404 sq yds vacant land in year 1972 through register sale deed and she also died on year 1986 and my mother who is only daughter of my grand parents started paying taxes in her name for H.tax assesement no:18205 for house in 450 sq,yds till year 1995 and year 1995 my mother wrote WILL for thier 2 daughters me & my sister of scheduled property of 450 sq yds and registered in taluk office and died in year 1998.In that registered WILL,my mother mentioned that their fathers and cousin father distributed their property with out documents and my mother father and my mother mother also died with out writing any document up to year 1986 and so my mother started paying tax on that house situated in 450 sq yds.
With that WILL deed I got TITLE on my shared property of 232 sq yds from year 1998 i.e after my mother death and started paying House tax of assesement no: 18205 in my name till date .Actually my sister got H.Tax assesement No: 18205/1 after my mother death and she sold her shared property on year 2000 through registered sale deed with out any dispute on land.
Now also I am living in my shared property house with my family with out dispute till date.
But only problem is I have title on my shared property from year 1998 through registered WILL deed but who wrote that WILL in year 1995 i.e my mother did not have absolute perfect Title as there was no parent/link documents before year 1995 because that property is simply enjoyed by my grand parents and my mother till year 1995 by paying Municipal taxes in their.More over the land is not poramboke and it was recorded as Inam dry land .Actually the land is with in municipal corporation limits of 3 kms in vijayawada city(Andhra pradesh).
When we went to bank for mortgage loan on that my shared property ,they said that i donot have perfect absolute marketable Title as i donot have old link docements.So I have planned making Title absolute marketable by way of adverse possession because we are living in that house openly.continuously,exclusively to all with out any dispute for last 60 years but in my case there is no notorious to True owner.because before year 1995 ,there was no title for that property.PLZ help in this matter to make my TITLE ABSOLUTE PERFECT.
To make my TITLE as ABSOLUTE marketable, whether I can do like this
Actually I want to gift my shared RCCO house in 232 sq yds to my husband.its cost is government rate is 30 lakhs(market value 55 Lakhs) and there was no dispute also till date.But only problem is I had TITLE on that property from year 1998 as per registered WILL deed of year 1995 that was executed by my mother.The contents in the WILL already mentioned in above .But who wrote the WILL deed i.e my mother had no registered/un registered recorded TITLE and grand parents and my mother simply enjoyed that land till year 1998 by paying Municipal taxes in their names which indicate defect in my ASOLUTE TITLE.
But I want to GIFT it to my husband after making ABSOLUTE TITLE only.Can I do like this.
1)By taking advance of Rs. 1 lakh from my husband and i will make SALE AGREEMENT with him making Terms & conditions as follows i.e Sale agreement can not cancelled under any circumstances and advace will not paid back unless if my TITLE is not Absolute Marketable and time period for registeration is 2 months.If he fails to give balance amount and get registered with in 2 months then agreement will be cancelled automatically and no refund of 1Lakh also.
With that terms &conditions, after 10 days my husband will suit on me in court by saying that my TITLE is not absolute marketable because there was no parent/link documents before year 1995 & so refund his amount from me.That time I counter claim that there was no refund of amount of 1 Lakh as per agreeement terms and TITLE is Absolute Perfect Marketable by showing all my supporting documents for Title praying under plea of adverse possession to court and i will also say to court that if required give Public notice and I pray court on basis of Adverse possession declare me as Absolute True owner on my favour.Once decree passed in my favour, after 3 months I want to GIFT that property to my husband.
Is this help full to me for making my TITLE absolute marketable.
also give suggestion that if Sale agreement is not done between me & my husband, to whom i have to make this agreement .
If YES,Please give suggestion what type of legal litigation i have to face in court if i gi as my proposal & how much Court fee I & my husband has to be paid and total how much amount i have to spend for this case and time taken for disposal of this case.
House is situated at Vijayawada city i.e with in municipality corporation limit of 3 Kms(Andhra pradesh).we have district civil court in vijayawada
Sanjay Agarwal
01 October 2011 at 05:45
what are the options available to J.D. when execution is filed for realising the awarded amount and award itself is not stamped correctly
Kunwar ravi Prakash
30 September 2011 at 21:40
SUMMARY OF THE CASE:
Q-1 whether the electricity is the fundamental right of citizen. If yes then pls give the case law with citation,
Q-2 If the civil suit regarding titile is pending before competent court of law. the one party of the suit can deprive the electricity connection.
Anonymous
30 September 2011 at 20:22
Dear sir,
the suit is coming for defendant evidence, plaintiff filed a petition under order 16 rule 7 and section 151 of cpc for seeking a relief of to direct the defendant to produce the listed documents mentioned in the petition like bills, sales tax returns copy and etc, but the defendant said that the petition is not maintainable
so there is any citations with regard to the maintainability of the petition under said provision.
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High court directionc/circular
Dear Sir,
Is there any High court direction/ circular for expeditious hearing on day to day basis in the matters pending long ( 2008)?