Anonymous
18 September 2011 at 09:19
I was seriously sick on a particular date (had not attended the Inquiry as I was of the view that the Inquiry proceedings could not be conducted at the residence cum Law office of a retired Judge of High Court of Punjab) and had informed my Department of my ailment on that particular date, to be informed to the Presenting Officer, Inquiry Officer and others. Amongst them the Departmental witnesshad actually signed on the file note initiated by the Administrative officer of my Department. I could not personally inform the Inquiry officer as I was not able to reach him but did write to him a letter speed posted to him on that date.
But the Inquiry Officer paid totalSeven Lakhs by my Department(Rs 30,000/ per sitting at his residence cum office) chose to proceed ex parte on the very day of my sickness and completed the arguments on the same day taking on record the pre- dated Affidavits(more than three months old submitted by the witnesses and of those produced by the Department.
The charges were held proved by the Inquiry officer relying on the pre dated Affidavits. The Department removed me from service after giving me notice etcetra and including perhaps (as there was no reference to my submission) considering my submission that the date on which the exparte Inquiry was commenced and evidence closed I was on leave sanctioned by the Department.
Is there any hope for me in the Court of Law where my case has been pending for more than one year due to my Advocate having joined surreptiously with the other party and due Hon'ble Judges passing it on. (I have been incapacitated to monitor the case personally due to my cardiac and demoralisation problems. To deter me my Advocate has sent me a bill offive Lacs for his preparation and his meetings with Senior Advocate.
Please comment upon the exparte conducted on the day of my sickness and I being on sanctioned Leave.
Added after reading the experts comments
"Sir,
I had sent the speed post letter to the Inquiry Officer one day before the date on which I was required to appear before him, informing him of my sickness.
I had sent even the letter by fax.
To the best of my knowledge there was no daily order sheet.
Thanks"
Anonymous
18 September 2011 at 09:10
This was the last part of decree in my favor by high court;
As regards the imperfect title, defendant was required to take certain steps. If he has not taken such steps then, it goes to his dis-advantage and show that he had a guilty mind at the inception. The defendant cannot be permitted to take shelter of certain niceties which has nothing to do with the plaintiff. If he on his own has not performed, then he had the guilty intent and one who nurses such intent, cannot claim any advantage in a court of equity while exercising jurisdiction of grant of specific performance. The courts are required to look into quantum of equitable circumstances which heavily weigh against the defendant. We are of the opinion that the plaintiff is entitled to grant of decree of specific performance. We are remitting it back to the Trial Court to detail out the niceties of execution of the sale deed in favour of the appellant in terms of the agreement on which we are ordering the specific performance. The exercise should be completed within three months.
AGAINST THE SLP SC PASSED THE ORDER;
We have gone through the impugned judgment dated
30.05.2005 passed by the High Court of Judicature for
Rajasthan and perused the record of the case. We are of the
opinion that there is no infirmity in the same and hence it
does not call for our interference. We order accordingly.
Having no merit the Appeal is dismissed accordingly. No
costs.
.........................J.
(MARKANDEY KATJU)
NEW DELHI;
MY query is;
In an auction JD was the highest bidder in 1962 in and got the allotment letter but he got possession in 1969 delay was due to not paying balance amount.we went in an agreement with JD in 1962 and due to non compliance and forgery by him we filed civil case against him in 1965 . In 1970 the u.i.t sent a letter of cancellation against which he filed injunction which is still pending in high court. the u.i.t evicted him saying that he have not fulfilled the conditions in allotment letter .He filed a case in 1971 for which in 1984 the court restored the possession saying that proper proses should be followed to disposes him but the cancellation was not set aside.till today he have the possession of the vacant plot unobstructed against allotment letter for 26 years (according to RTI information form municipality ).what should i do.He have not applied for the lease deed,patta and registration.He may raise the issue of imperfect title Execution is in trial court .
Anonymous
18 September 2011 at 08:09
Dear Sir,
I filed a petition & Distt. Forum ordered on 09.02.2005 that respondent (a reputed co.) to pay me an amount with interest. But respondent had not yet been paid any amount to me as ordered by DF. I am requesting & reminding respndent regularly by oral, written mean and even by Regd.Notices (about five notices) after DF's order till 30/09/2010. But respondent even ask me by letter that what was in DF's order.
It must be noted that neither respondent had depositted any amount as required for appeal, nor respondent made any appeal against DF's said order till now. There is not any reasonable cause for delay.
Then I filed an execution application before DF in 10/2010 u/s.25 & 27 CPA. In last moments of execution case, respondent is ready to pay only ordered amount (not execution expenses) before DF & president of DF convinced with respondent without any legal ground & doesn't want to impose any penalty on respondent & doesn't want to be imprissoned respondent.
I argued that respondent had overlook DF's order for more than 6 (six) years even overlook my oral, written & regd.notices and so, respondent must be punished for that attitude & respondent also tease me for more than 6 (six) years. And therefore, none reason to forgive respondent.
Finally last week, President of DF ordered that "because now respondent ready to pay ordered amount, so no question arises to impose penalty/imprissonment or payment of execution expenses/cost. So, execution apllication not allowed."
Now, agrieved with this order of DF, I have filed an appeal before State Commission againt this execution order of DF.
Please guide me as soon as possible, in these circumstances :
1. Can I get success in this appeal ?
2. Can I get success in impossition a penalty on respondent upto maxium limit ? If yes, please refer case-laws.
3. Can I get success in imprissonment to faulty officers of respondent for their attitude ? If yes, please refer case-laws.
4. Can I get execution & notices & other reasonable & actual expenses of execution proceeds ? If yes, upto which limit ? please refer case-laws.
5. Can I get appeal expenses as well ? If yes, upto which limit ? please refer case-laws.
Rajiv Kumar Aggarwal
18 September 2011 at 01:46
I am Rajiv Kumar Aggarwal and I live in Hyderabad. There is one person named Rajeev Aggarwal(spelling of Rajeev is different than mine and Kumar is missing) and lives in Delhi. His date of birth is exactly same as mine. I do not have any relations with this person.
In 2008, He applied for Barclay's credit card. The Application Form contains my name and PAN no. and as mentioned above his date of birth is same as mine.
Rest of the details such as address, phone no etc belongs to this person. He submitted his driving licence as ID proof, where Father name is also different than mine and Name is spelled as RAJEEV AGGARWAL as mentioned above.
I dont think he submitted copy of PAN card. It seems he applied for the card and as most commonly happens, he signed the application form without filling the form. Later Bank Executive got my details from somewhere and filled my Name and PAN No. I dont think this person knew my PAN no. before applying for card.
Now as the Name mentioned in Application Form is different that ID proof, there is verification by the bank people that RAJIV KUMAR AGGARWAL and RAJIV AGGARWAL(I think should be Rajeev but somehow mentioned Rajiv) are same person. This verification seems to be done without proper documents.
Now as I have very good credit record, his application is accepted and he is issued a card. Now this person defaulted on his payments.
As three important fields name, date of birth and PAN no. is matching with mine, My CIBIL report is affected because of this. I applied for credit card three times but it is rejected all the times.
Now In March 2011, I wanted to buy a property and I had a attractive deal in hand. But As I did not have sufficient funds, I wanted to apply for home loan. My relative suggested me that before applying for home loan and booking the property, I should get my CIBIL report.
I acted on my relatives advice and applied for my CIBIL report. I was surprised to see my name in defualted list because of Barclay's bank. I never had any relation with this bank.
I raised a complaint with Barclay bank on 14th March 2011 regarding this issue. They took lot of time in resolving this issue and they replied on 6th May that they would rectify the CIBIL report in next 45-60 days.
But As that deal was already gone and CIBIL report yet not rectified, I demanded a compensattion of Rs. 50,00,000. The Bank rejected my claim of compenasation saying there is no direct loss. I approached banking Ombudman regaerding this but they rejected my complaints on the ground that the compensation sought is beyond the maximum they can award.
Please advice what can be done in this matter. If you need more information, I will be glad to provide the same.
Thanks in advance,
Regards,
Rajiv
gd choudhary
18 September 2011 at 00:52
116 of tpa act.
Effect of holding over
If a lessee or underlessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or underlessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month.
suppose lease is for 1950 to 1970 but lessee did not evicted till date and no notice for determination of lease was ever sent,
whether as per time limits of limitation act lessor has lost its rights to claim possesion,please give your opinion,
and also give your opinion on my opinion i.e. time limit as per limitation act is 12 years from the date tenancy is determined,here the tenancy is automatically determined by means of effflux of time in 1970,but if we apply transfer of property act sec 116 tenancy is
automatically renewed by year to year /month to month .this means your time limit for taking possesion from the tenant will start only when the so called year to year tenancy (tenancy by holding over) is determined by sending the notice to the tenants.
so please give your opinion ,whether the lease property given for 1950 to 1970 can be taken back in 2011.
Anonymous
17 September 2011 at 23:15
Mr.X had executed a revokable will stating that his self earned property ie three storied building will be given to his son after the death of Mr.X. After 2 years Mr.X had gifted the same house without any conditions to his son's unmarried daughter. After one year the said daughter got married and settled in her life. One year after the marriage Mr.X revoked the gift deed. Then after one year Mr.X died.
The will, gift and all the documents ie the will, gift deed and gift revoked deed are registered in the sub registrar office.
Now, I wish to know who is the real owner of the house - the son or the son's daughter ?
Anonymous
17 September 2011 at 21:49
IN WHICH WEB SITE WITH OUT COST/CHARGE I WILL GET FREE JUDGMENTS/CITATIONS OF VARIOUS HIGH COURTS OR SUPREME COURT
Anonymous
17 September 2011 at 21:45
IN WHICH WEB SITE I WILL GET FREE JUDGMENTS/CITATIONS OF VARIOUS HIGH COURTS OR SUPREME COURT
Sumit
17 September 2011 at 15:26
can I get judgements on term family in M.P. accommodation control act. as reference to family can a widowed daughter living with her father & dependent on him can be considered in father's family?
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