Anonymous
06 August 2011 at 16:35
I'm staying separate from my husband from more than one year, we are from different states. At his place he has filed a case of restitution of conjugal rights, can i get this case transferred to my place through supreme court as i fear of my life danger there and can i appeal for the custody of my minor son who has been taken away by him forcibly in the same case of conjugal rights under section 38 of Special Marriage Act;(we got married under this act) Would i be getting the custody of my child from the supreme court or should i file another separate case in the family court for Divorce and child custody at my place, which step would be the best and less time consuming as my child is just 19 months old. Please Advice.
Anonymous
06 August 2011 at 16:24
I am 66 and have an ownership office in Fort, Mumbai area. I was using it for my electrical trading business which I could not continue with since 1996 due to managing commiittee of society who were eying my room. I had kept it locked sice 1996 resulting in a closure of business and severe hardship to me. In 2002 managing commiittee of society broke open my room, stole my goods and the case is still continuing in MM's Court in a Ballard Pier. To pressurize me to with draw the case I was wrongly made a party in 2004 an old suit in City Civil Court of 1998 against other room owners sating that even my room is illegal although I have agreement and paid stamp duty on it. This suit is dismissed as withdrawn but society has cut off power supply from the common meter to my room and so I can neither use it nor rent it out. In view of this I have decided to file a suit in High Court for damages for Rs. 10Lacs although I have suffered much more and don't have money for full amount of Rs. 20Lacs. I now seek help of experts as how do I quantify the losses for this suit and do I have to obtain a certificate from a CA and have following queries:
A) At the time of closure of business my monthly gross earing was Rs. 15000/- p.m. Can I take it as a base and multiply with no. of years. B) I have lost also rental income of Rs. 7Lacs for this office since closure and have C) Suffered mental agony and hard ship which has cost me Rs. 80000/- for treatment in hospital. Can I add it ? Pl. spare your valued time and help me.
Anonymous
06 August 2011 at 16:06
I am 66 and have an ownership office in Fort, Mumbai area. I was using it for my electrical trading business which I could not continue with since 1996 due to managing commiittee of society who were eying my room. I had kept it locked sice 1996 resulting in a closure of business and severe hardship to me. In 2002 managing commiittee of society broke open my room, stole my goods and the case is still continuing in MM's Court in a Ballard Pier. To pressurize me to with draw the case I was wrongly made a party in 2004 an old suit in City Civil Court of 1998 against other room owners sating that even my room is illegal although I have agreement and paid stamp duty on it. This suit is dismissed as withdrawn but society has cut off power supply from the common meter to my room and so I can neither use it nor rent it out. In view of this I have decided to file a suit in High Court for damages for Rs. 10Lacs although I have suffered much more and don't have money for full amount of Rs. 20Lacs. I now seek help of experts as how do I quantify the losses for this suit and do I have to obtain a certificate from a CA and have following queries:
A) At the time of closure of business my monthly gross earing was Rs. 15000/- p.m. Can I take it as a base and multiply with no. of years. B) I have lost also rental income of Rs. 7Lacs for this office since closure and have C) Suffered mental agony and hard ship which has cost me Rs. 80000/- for treatment in hospital. Can I add it ? Pl. spare your valued time and help me.
Anonymous
06 August 2011 at 07:56
Dear Sir,
Please let me know, whether a plaintiff or a Defendant can also participate in the arguement along with their learned Advocates.
Thanks
Suchitra. S
06 August 2011 at 07:16
Respected experts, I want to know whether email legal notice is considered by courts in India. Please give your explanation with regard to case laws wherein email legal notice is accepted/rejected.
Sumir
06 August 2011 at 02:51
One of my friends studying in a Govt College, has filed RTI on accounts of institute after which he is been threatened by the Head of institute itself of harresement and asked to write that he is taking back RTI and also will not file RTI in future.
I asked him to write letter but mention word " he is taking back rti filed under MAHARASHTRA RTI act" instead of "CENTRAL", so that he can file rti in future.
plz comment.
also what is constitutional validity of letter, can he file rti in future
Anonymous
06 August 2011 at 02:23
I have booked flat in jamshedpur, I have paid 12lakhs to the builder ( Loan from SBI and Partly my money).Now, contruction was stopped from last one year due land issues. What I can do? Pressure from banker to pay installment and there is no progress in flat, Please suggest me.
Anonymous
05 August 2011 at 22:10
Sir,
Some flat owners of our apartment have approached the Honouraqble High Court of AP, to demolish an unauthorized construction being built by one of the flat owners in their duplex house by occupying the open balcony which infact is an common area.
The Municipal Corporation issued a notice to the party to stop the unauthorized work, but; the construction was not stopped and our petitions to the Corporation did not yeild any result we had to approach the High Court. The High Court ordered the stay of construction by the party and asked the Municipal Corporation to implement the order.
But the party continued the construction even after the order was wired to them and this was also brought to the notice of the concerned Corporation officials. But, the offical corporation did not take any steps to stop the construction.
Meanwhile, the party applied for regularizastion but it was rejected by the Corporation.
The party approached the VIth Junior Civi Judge, city civil courts and obtained a stay against the Corporation which was eventually expunged latter as they hid the fact that there is a case pending in the High Court.
Meanwhile we filed a Contempt Case against the Party and the official municipal corporation for not compiling witht the orders of the High Court.
When the Contempt Case came up for hearing the Learned Judge asked the Party and Zonal Commissioner and the Acp (tp) to come to the court.
The party in their affadavit told that they have compiled with the orders of the court. But, the Corporation in their couter affadavit said that as the Corporation has rejected the partys regularizastion proposals they would demolish the unauuthorized stucture immedieatley.
The party then moved the IIIrd Addl. Chief Judge and obtained a STATUS QUO against the Corporation by questioning the expunged order of the VIth Junior civil Judge.
After one year the CMA filed by the Party was dismissed by the IIIrd Addl. Chief Judge and the Status Quo was dismissed..
My question is their any other option for the party to approach any other court asking for relief and if so can they obtain another stay or status quo.
Can the Corporation demolish the unauthorized structure now as the staus qou has been dismissed.
Nirupom Dutta
05 August 2011 at 21:26
Kindly guide me with specific provision of law and citations if any one wishes to give written argument in any civil case.
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Trust act
Hii, dear colleagues, i am practising lawyer from pune.i want to register a trust for mentally retarded children at pune.i have following query.please enlight me.
1) can a foreign company working for the same cause (mentally retarded children) be accommodated in indian trust with pune based compnay by any documentation/arrrangement on 50/50/basis giving certain rights including voting rights.)(can anyone provide a draft for the same)