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Anonymous   28 April 2011 at 17:26

ABOUT CMA

Sir,
The petitionet who has put in a CMA in 3rd addl. chief judge has at first got a stay from the court of Junior civil Judge regarding demolishing of an unauthorized and illegal structure made by him. The municipal corporation also rejected his application for regularizastion on the grounds that it does not satisfy the rules in force.
Even before he has approached the Junior Civil Judge there is a case pending on the unauthorized structure in the High Court and there is also a contempt case pending against the pettioner and the municipal corporation as the pettioner did not adhere to the orders of the High Court 'to stay construction pending disposal of the suit'.
The pettioner in the OS filed before the Junior Civil Judge hid the fact that the case is pending in the High Court and the standing counsel of the corporation got it dismissed on this ground.
The pettioner then went and approached the 3rd Addl. Chief Judge and obtained a status quo against the corporation.
Whenever the case comes up for hearing the pettioners counsel gets it posted to a latter date.
Now the pettioner has taken this line of approach that he is an dialysis patient and he would like some more time to post the hearing.
How can a dialysis patient (from January 2008 as certified by their doctor) can keep the case pendingon this ground.

Anonymous   28 April 2011 at 16:43

REQUEST FOR OPINION

Sir,
A person has obtained an ad interim order from Junior Civil Judge, against the municipal corporation for demolishing an unauthorized structure, by concealing the fact in thier OS that the case is already pending in the high court and a contempt case was also pending in the high court.
Pointing this discrepancy that the party has concealed the fact that the case is pending in the high court the standing counsel got the order impunged.
The party agrieved by the orders of the Junior Civil Court approached the Addl. Chief Judge, City Civil Courts, and obtained a status quo.
In the hearing the standing counsel of the corporation has stated, as there is a contempt case pending against the corporation and wherein the corporation has given it in writting in their counter affadavit in the contempt case before the Hon. High Court Judge, that "as the regularizastion was rejected and as the party has not stopped the construction eventhough they were issued notices, and also ignored the 'stay of construction ordered' by the Hon. High Court, they would demolish the illegal structure immedieately. He has pleaded before the Addl. chief judge to vacate the status quo so that the corporation could demolish the unauthorized structure and he further prayed that the OS could be heard after the status quo has been vacated.
Is the argument of the standing counsel valid. If the status quo is vacated the corporation would demolish the unauthorized structure and the parties plea not to demolish in the OS does not serve any purpose

Anonymous   28 April 2011 at 16:43

Divorce

I and my wife have agreed to file a mutual divorce petition there is no alimony involved as per terms of the settlement. The draft that the other side lawyer shared says that the suit is valued @ Rs 3,00,000 and says that this is required in a civil suit for payment of court fees/stamp duty. I need to confirm if this is actually required hope this would not make me pay this amount to my wife when the decree is granted.

The other point there is in reliefs they have mentioned relief for granting the Divorce decree and any other thing that the court feels fit. Would it mean I could be made to pay anything or its just a language that needs to be written the lawyer says.

Anonymous   28 April 2011 at 16:40

CMA

Sir,
Can a hearing of CMA posted for the day be postponed on the grounds that the petittoner is an dialysis patient.

Gaurav Gupta   28 April 2011 at 16:34

Death Certificate

My Grand Mother Expire on 20/06/2010 I am not having the death cert. Due to absence of Death Cert I am not able to Transfer my Grand Mother Gas Connection in my name

So plze suggest me the other option to Transfer Gas Connection in the absence of Death Cert

GAURAV GUPTA

Anonymous   28 April 2011 at 09:33

Recovery of damages of Rs.10Lacs from co. op. society?

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 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 Coop Court ? Are coop court empowered to sanction compensation ?

3) Will the court ask the defendants to first diposit say Rs.5Lacs in the event they challange the WP ?

4) What happens to court fee in the event I loose the case ?

Regards,

Anonymous   27 April 2011 at 21:47

SBI account fraud

sir, i have lost my SBI ATM/debit card last year november and i blocked it in the SBI bank myself. then i have account balance of 2000/- only but yesterday i went to bank and see that my account is set hold at rs. 50000/- loan, i was shocked. the bank official said i did withdraw money more than my balance. now what should i do because i have not withdraw any money from the bank since last year.

vishesh kumar   27 April 2011 at 21:32

arbitration and councilation

show me any judgement that
arbitrator has not power to review its own order

Anonymous   27 April 2011 at 20:35

FIR OR COURT WHAT SHOULD DONE

My father is secretary of a Mandir. The mandir is not registered with govt and that is only of our society which was established by my ancesters. Now five member of society make a comittee and opened a lock of office of mandir without permission of my father who is running secretary and has not handed over all the documents as well as jewelary which is inside the mandir office. What should he do?

He is maintaining for the long time many register as well as Bank pass book is opened in his name and one another person. One day SHO of nearest Police station came to my village for another purpose then i have told him the matter but also told that i am not giving written application. Now they five members told that why i approched police.

What should i do. If I lodge FIR then what action will be done by police. And if I file Injuction at court then what result may be.

Is there any chance that Court/Police declare Mandir as a Govt.ruling.

Pse must reply all the things. Urgent.

Thanks you

Advocate.S.A.Siddiq   27 April 2011 at 20:27

removal of guardian and cancellation of adoption deed - muslim parent

Dear experts - One case,
The muslim parent (Husband & wife-natural parent) gave the minor female child (DOB 15.07.2002) to the elder sister of natural mother. Adoption deed execute and registered on 15.09.2002 .

The elder sister got the guardianship exparte order from district court on 19.09.2003 , (petition filed on 17.11.2002) .Reason mentioned in the petition's are " the child abandoned by the biological parent" with in 15 days. ( False charges- false claim)

Now the biological parent want to
cancell the adoption deed and vacate the guardianship exparte order.
than charge the criminal cases against the adopted parent(for false claiming -defamation-breach of trust etc..).

Kindly guide this case with citation..