naveen kumar sinha
11 July 2011 at 14:23
Is there a chance of challenging or making Void any agreement for sale by filing simply a ruling and if i could not filed rejoinder on the date of filing the ruling.Is there a chance for me to file rejoinder afterwards. pls let me know the possibility because the second party has move after we left the court and filed some ruling (as above mention) and we came to know yesterday and next date is on 13.07.2011. pls pls reply soon.
Manu
11 July 2011 at 11:50
Hello advisers,
I need the best advice from you . This may be lengthy , but i would like to make things clear.
1. My mom has 4 sister and 1 brother(my uncle)
2.That time properties were in name of Mom, next sister, uncle and grandma.others sisters were minor.
2.When all grown up Agreed to devide the property eqauly with one share to grandma . Grandpa is no more.
3.Put a lot for the sites as no dispute should come later. All got the sites , and started looking after it eventhough not registered in there name.
4. Mom got uncles property in the lot and uncle got mom property . Mom took care of it for last 12 years, and uncle took care of moms's property.
5. when Uncle wanted to construct the house(at the poperty which he got in lot) , so he got the property registered as gift deed in his name from mom, her sister and grandmom(they are the authority to sign).
6. after that uncle is not registering his property to my mom(which she is looking after), hence she is without any property now.
7.Uncle asked her to vacate the property belongs to his name, also he got moms propert registerd to his name. He is holding both the property.
8. My questions....
1>Can my mom cancell the gift deed along with others now?
2>Do I have any rights on that property given by mom, as i was major and my openion was not taken ( i was studying away from native town)
2> Do we have any rights (myself and my sister) to challenge my uncle as he cheated on promises and words , by which my mom gave him her property.
Please help me here , as most of the senior advocates are asking us the papers from 1960's , and it is difficult to get.
Thanks and Regards,
manu
Anonymous
11 July 2011 at 10:46
A member is encroaching a piece of land( Portion of the common land) in the Society which is registered under the Socities Registration Act
What steps should the Society take to stop it?
Can the Society file a case against that member
Bodhisattva
Email:bodhisattvarc@yahoo.co.in
9432068009
Anonymous
11 July 2011 at 10:25
Sir,
plz explain me the two terms and discrimination between them "breach of contract" and "breach of obligation" in context of Specific relief act.
Anonymous
10 July 2011 at 17:53
X had been working in Govt Department on contractual basis for 12 years. The Department advertised 2 posts under Unreserved(UR) category in which X has participated in the selection process in year 2003 and was placed in waitlisted candidate no-2. The waiting list was not displayed by the employer as result X didn’t know about his candidature. The merit list was prepared as
A-UR Position No-1
B-UR Position No-2
C-UR Waiting List No-1
X-UR Waiting List No-2
A& B joined their duties and C was too given appointment against the UR created due to the death of an employee as result X continue to work on contract basis. A left the job after months but X was denied appointment against the vacancy. B remain absent but did not left the job
The employer in year 2005 had advertised one Reserved Post (SC) and the following candidates were placed in the list
D- SC Position No-1
E- SC Waiting List No-1
D was given appointment against the SC post and E was placed as waiting list under SC category
Thereafter, the employer had advertised one Reserved Post (OBC) in year 2006 and
F- OBC- Position No-1 was given appointment
In between B employee was terminated and his Unreserved Post (UR) was given to E Candidate who was placed under Reserved category (SC)
X collected the information under RTI and filed the case before CAT IN 2009 against denial of his appointment against the post A under Unreserved category (UR) who left the services after joining. The CAT has directed the employer to consider his case for regular appointment against the post when A resigns. This was challenged before High Court and was remanded back for deciding the plea of Limitation. Later on CAT disposed off as time barred. X is planning to file the writ petition
Therafter, X was discharged from services which was too challenged before the CAT and the Judgment is now reserved
X also wants to challenge the appointment of “E” who was appointed against the Unreserved Post(UR) of B without given any opportunity to X
Whether filing petition (O.A) is advisable as the appointment relates to year 2006 and the X came to know only by the submission of the employer in its reply affidavit that UR post of B was offered to E ?
If CAT asks the “X” why you have challenged the procedure in year 2011 what will be his defence?
X don’t have the appointment letter of E, whether he should use RTI for the document or challenge it without any order?
Thanking you,
Sincerely yours
Anonymous
10 July 2011 at 17:49
sir, i m practicing advocate in delhi.
my client has taken some loans from co-operativ.societies and could not repaid and thereafter collector court has made order under rule 119 of co-op act to attach his salary p.m and also not to release his retirement benefits till loan has been clearred but as far as my knowledge goes from retirement benefits under c.c.s. rules only govt dues can be recovered and coop.dues are not mentioned as govt dues. now ma client is going to retire next month. can i move writ to highcourt as his deptt is going to deduct the amount from his commuted pension, gratuity and leave salary. plz guide me
Anonymous
10 July 2011 at 17:30
sir,
i am working with min.of.defence.in civilian category and i ve faced some departmental action and penalised so i want to prefer an appeal against that order in C.A.T..so plz tell me the time limit for filing appeal in tribunal.
lalit
10 July 2011 at 16:43
imp.IT IS A DEED OF CONVEYANCE AND NOT AGREEMENT.
DULY SIGNED BY BOTH PARTS ALONG WITH FINGER PRINTS.(DEED AND VOLUME)
90DAYS HAVE PASSED SINCE SIGNING.
AFTER 120DAYS THE REGN TIME PERIOD WILL EXPIRE.
IF WE TRY TO EXHAUST PRO. UNDER REGN ACT, TIME WILL PASS.
X executes deed of conveyance in favor of Y, but doesnot accepts the cosideration saying that he would do so after or at time of registration of deed.
later X refuses to register the deed of conveyance on some pretext or other. 90 days have passed since then.
time running out.
Y is confident that X would not appear for registration even if summoned under regn, act provision.
what are the option left with Y who is prepared and willing to perform his part.
relief under registration act or specific relief act- which of these shall provide larger relief- registration and possession.
can one seek compensation for monthly rental out flow due to non handing over of possession in the same suit.
Anonymous
10 July 2011 at 16:06
I thank M/s mahendra Kumar, Prabhakar Singh and S. Bharath for their replies to my following query:
"We have been sending RTI queries to MHADA,
asking them to give us replies in writing.
But they send us replies asking us to visit them and inspect the files.
That means they are avoiding to commit in writing. What do we do?
Please give suggestions".
We have a very strong feeling that some MHADA officers and our builder are in collusion. Sometimes when we go to inspect the files some letters are missing. Then suddenly they appear from nowhere. so we feel that some important letters are removed from the files when we go to visit them. That is why they do not want to give in writing. What is the remedy for this collusion between some MHADA officers and the builder?
Please help.
Thanks.
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Show me the way,please.
Dear Experts of the LCI,
In a land acquisition case, R&B department ( A P State) had finalised compensation but referred the case to a CIVIL Court ( U/s 30 of L.A.Act, 1894) for taking decision in regards to a Protected Tenant, Inam finalisation and Urban land ceiling , in the year 2000.
Till today no one claimed this money, it is lying in RDO office as it was returned back by the court for want of expiry date on cheque.
Recently i came to know this fact, during checking of some disputes in the family. This land belongs to my late Grand mother( Inam dhar of the land ), through will it came to my Late Father and through an Unregistered Will it came to me NOW (In 2010).
What should i do to claim this money, as for my knowledge(?) there is no PT existing on this land ! If any one is there, he/she could have pursued this in the COURT! Still , i dont want to take any chances. KINDLY GUIDE ME, THE STEPS I HAVE TO TAKE.
Thanking you ALL in advance.