Anonymous
22 February 2011 at 13:32
Brief facts about the case:
Its case between Bangalore Water Supply and Sewage board and few apartment owners in east bangalore for discharging the pollutants to the near by lake.
Builder supposed to take permissions from BWSSB before constructing this property but he along with other builds near by didn't take any permission.
Cases were initiated on presidents of few apartment associations.our apartment is unique.We dont have an association and still 85% of the flats are unoccupied and builder owns them.So one of the resident whose name was indicted as a president got the summons and he filed an appeal in highcourt saying that he is not the president and case against him should be squashed.
high court instead of squashing the case ,ordered the lower court to issue summons to each individual in the apartment including the builder.
Now most of the apartment owners who got the summons are outside india.
Our questions are
1.how will the owners who are not india get affected now or in future.
2.Is there any way to engage lawyer in india while residing outside india?
3.can a special power of attorney(and is registered) holder appear on behalf of the flat owner?
4.Few residents who are in bangalore are going to appear before the court..can they represent entire apartment owners basically the people outside india.
we heard that after three summons court can issue non bailable arrest warrant.
please give us some direction.
we spoke to one legal counsil and they are asking us to sign waqalat and application for bail at the same time..but we are not sure why application for bail is required as there is no arrest warrant yet.
What can be done to stop a public trust to sale it property at throw away rates.
Anonymous
22 February 2011 at 01:09
Sir, I have my own flat which i had given
to my tenant with a agreement for 3 yrs with a advance amount.but after 3yr themy tenant gave me posted written letter that he is quiting the tenancy but she didnt give the a vacat house due her husband .
she and her husband is running a divorce case but she have quit from my house.but her husband still have occupied my house and denied to vacat the flat and even he has also stopped to contact with me also.
what should i do now .please a advice.
Anonymous
22 February 2011 at 00:10
Can a suit be decided and decree be passed without framing the issues if the defendant not appearing before the court?
Syed Jawad Quader
21 February 2011 at 21:07
I have a set of twin cases which arose out of the exact same set of facts, have the same cause of action, but only differ in a number of minor details such as the date of the deed and quantum of amount claimed. although both suits are heard in the same court, they are heard on different dates and there is a lot of duplication of effort on everyone's part in proceeding with the case. can i make an application to the court to hear and make the cases concurrent/simultaneous along with all steps and adjournments therein? if so, under which provision of the CPC can i make such an application? any help will be highly appreciated.
Anonymous
21 February 2011 at 19:30
My wife filed case u/s 9 of H.M.A ACT
next date fixed for rebuttal and argument on 24-02-2011
MY QUERY :- IS THAT STAGE IS ONLY FOR MY WIFE TO SUBMIT DOCUMENTS .
OR CAN I ALSO SUBMIT DOCUMENT ON THAT STAGE.
Dear Advocates !
I've been appointed as advocate commissioner to submit report after taking over the possession of an house by the CJM.
Kindly give me a model of a report for that under SARFAESI ACT.
Thanking you
Regards
V.Sundaresan
Advocate.
‎
Damayanti
21 February 2011 at 16:15
Please understand the harrasement that I have been going through, But I am NOT ready to buckle under any pressure.
I am afraid that my application should not sound as I am unncessarily making a fuss. But I have some important hings in my case suggest 'there is definitely something more than it meets the eyes'.
I also do not want to say anything about any judge as well as any previous decision (which is a contempt) but I also want to fetch attension of Principle Judge at least about malpractices that are going on.....
My Query as follows:-
*****************************************************************************
Can a litigant demand to 'change' lawyer of opposite party? Or the bench clerk? Owing to suspecious nexus between the two.
If the answer is 'No' , then, Can it be at least be a ground to ask for 'transfer' of petition to other court, like the court of Prin Judge, where lawyers also have a limited influence obviously.
The lawyer being very influencial one and seen to be frequenting the Hon Judges chambers as well at times.
Vide transfer Petition, as I am unsure whether I would be delivered the justice and a fair trial.
Only one ground of 'a biased judge', to ask for transfer of case to other court, is very restrictive....
There are many actors and factors in the whole judicial apparatus which are involved in the court room...and bench clerk is one of the crucial element where the even judges don't have the complete control as well as many things don't reach to the judge, and hence even though the judge is not directly responsible (and hence no direct imputation) for any bias created against me, there may be a case of 'constructive bias/Indirectly induced bias' due to all other circumstance and by comments passed by the bench clerk (who is also supposed to be equitable and unbiased...this is a gray area which is not addresed before in any case...and nobody tried may be especially any appointed lawyer won't do against the 'system' but people such as 'party-in-person' shouldn't feel scared to raise the voice against this gray area!!)
Can't I seek to recuse myself instead to change the overall apparatus of 'Justice'
If I am subjected to prove only the 'judge's bias' against me then I can't prove it as well as I would be afraid to take such measures in the first place. This leaves me remedyless which is injustice to me.
Does my transfer petition has merits?
Please give me a right/mature advise and your comments would be appreciated.
Would I be inviting wrath/some more trouble (Judge, clerk, lawyer), if transfer petition gets dismissed against me.
Thanks
Anonymous
21 February 2011 at 15:56
Section 136. Harbouring deserter
Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or air force] of the 3[Government of India], has deserted, harbours such officer, soldier, 1[sailor airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Exception-This provision does not extend to the case in which the harbour is given by a wife to her husband.
Query : What does the word Harbouring deserter exactly mean as a layman with the help of a suitable example(S). or any case laws on it.
Thanks In Advance.
God Bless U All.
Dividing a property according to Hindu Law..
My Grandfather died in 1982 and grand mother in 2000. After my grandmother's death in 2001, my father and uncle divided land among themselves. Three sons got equal portion of land worth 6,00,000 at that time and three daughters were paid 40,000 as compensation. All three daughters agreed for this and we have their signatures. Now My aunt's SON is asking for his portion. Is this Valid?