D. Kumaralingam
30 April 2011 at 23:54
In a suit for permanent injunction with regard to easemantry right, at the intitial stage the court grants injunction and at later point the court denies to extent the same on the ground that the Defendant though in the pending suit, constructed his portion, hence the Plaintiff is not entitled for easementary right. Whether the order of the Court is liable to be setaside.
Anonymous
30 April 2011 at 22:44
The Administrative Tribunals Act, 1985
SECTION 1 SHORT TITLE, EXTENT AND COMMENCEMENT
2) It extends, - (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India;
(b) in so far as it relates to the Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir.
Query : How to know whether any tribunal is a Central Administrative Tribunal or States Administrative Tribunals becasue if we come to know that it is a States Administrative Tribunals or Central Administrative Tribunal than we can apply this act ?
Also for the income tax purpose there is special act known as (ITAT) income tax appellate tribunal so that act is applicable & can we say that The Administrative Tribunals Act, 1985 is also applicable if there is a overriding section than which will prevail first.
Can anybody said me the case law which says that if there is a special tribunal than The Administrative Tribunals Act, 1985 is not applicable PLS.
In short when this act is applicable & how to known which tribunal is a state tribunal & central tribunal becasue as per the section 2 (b) it has been said that
"in so far as it relates to the Administrative Tribunals for States"
So we it any tribuanl is meant for central than this act is not applicable.
Thanks .
Anonymous
30 April 2011 at 22:39
Difference between reference jurisdiction & territorial jurisdiction & jurisdiction? If we say that jurisdiction means the area under which a court can hear the case or can hear the case which are under this area popularly known as jurisdiction as per law so what do u mean by territorial jurisdiction? Also which court has testamentary jurisdiction & non – testamentary jurisdiction ? Does city civil court has testamentary jurisdiction & non – testamentary jurisdiction ?
Thanks.
Anonymous
30 April 2011 at 22:05
Sir
I have purchased one flat in VIJAYAWADA ( Andhra pradesh) in August 2010 for a consideration of 15 lakhs and as i am not residing in the same town i have given the flat on rent to the seller of the flat on mutual understanding @Rs 6000/-PM and he is paying rent to me up to JAN 2011 regularly and since FEB 2011 he didnot paying rent and on enquiry it is confirmed that he taken away all valuable items and after that he locked the flat by leaving some household items and at present his where abouts are not known.. And it is also learnt that one specific performance civil case is running in the civil court on the same flat and I am waiting for the the details of the suit. Sir I am requesting you to please help me how to tackle the issues 1) firstly how can I take the possession? ( I think the seller purposefully want me to commit a mistake like by break open the flat or forceful taking the possession) and secondly can it be possible for me to safe guard from the civil suit and is there any chance to file any criminal complaint against the seller?
Anonymous
30 April 2011 at 16:43
I am having an ownership office in fort area measuring 115 sq.ft. and have paid stamp duty on sale deed. In 2002 my office was broken in to by the managing committee and police has registered an FIR in Dec. 2003. Since then the society has managed and forced me to to keep the office closed and have even disconnected the common power supply to my room. They are not giving permission to me to get a new meter and the criminal case against accused office beares is still on in Ballard Pier Court. I have and still suffering heavy losses due to this and now want to file a petition in the court against the society for damages of Rs. 10Lacs. Kindly guide me suitably in following queries:
1) What will be court fee on Rs. 10Lacs ?
2) I should file a WP in High Court or approach the Coop Court ? Are coop courts empowered to sanction compensation ?
3) Will the court ask the defendants to first diposit say Rs.5Lacs as a deterent the event they challange the WP ?
4) What happens to court fee in the event I loose the case ?
Experts pl. spare your valued time and suggest the best option in the matter.
Regards,
Anonymous
30 April 2011 at 13:19
whats an notified case? Who has the authority to notify the case and under what circumstance can the case be notified?
Anonymous
30 April 2011 at 12:03
dear all,
can any body give me an answer for it when client willing to pay the amount but due to no money in hand he is not able to pay right now.what happen if he paid the amount later? kindly explian
Anonymous
30 April 2011 at 02:29
Dear Experts need your help and guidance
My Father wrote his will in favor of myself and sister and left my brother out of the will as he had separated from the family before the execution of will
After my fathers death my brother has contested my Fathers will.
I located and want to present the only surviving witness who is now an aged senior citizen.
After many visits and hearings over the last two years my brother has till date not allowed the witness to provide his testimony in court.
Is there a way that I can request for a witness deposition considering that the witness is above 70 years of age and not of good health
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enforcement of award / succession certificate
Award was made in favour of my father 10 years back. It was not chanllenged by other side. My father died 9 & 1/2 years back. I want to enforce it how?? can I directly go for execution?? or first I will have obtain Succession Certificate.
Thanks in advance