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Member (Account Deleted)   30 December 2010 at 18:48

Jurisdiction of high courts in service matters

A matter was dismissed as time barred by CAT,
without going into merits specifically mentioned in the order.

the review filed was also dismissed.

The writ petition filed impugning both orders was also dismissed in high court.

The high court made it clear tha the application was not ime barred but made another observation against the applicant without any contest and justified his termination, contrary to section 28 of Administrative Tribunals Act 1985.

1.Does principle of res judicata come in the way of filing a subsequent application before CAT for the same cause of action, as the matter was not adjudged originally there ?

2.Can a matter be adjudged originally without any contest in an appeal before high court's D.B. which is an appellate court?

3.Can appeal constitute res judicata on the original suit dismissed without heard ?

unknown person   30 December 2010 at 18:31

cancellation of regd. gift deed

i have accepted one Regd. gift deed(private road) from our land lord.Within ONE MONTH he cancelled the deed unilaterally in sub- register office but not in court of law and again he gifted it to muncipal corporation .Is the cancellation valid or not?

Anonymous   30 December 2010 at 18:00

Shall I file the Appeal/complaint application before the Information Commission?

Sir,
I am terminated from services on 20/11/2010 and the employer refused to serve me the copy of ordef and I file the RTI application under RTI Application where I was asked to deposit Rs 20/- as photocopy charges for the order
I send Via IPO and I didnot recceive the reply then on 22/12/2010 I made an appeal before the Appellate Authority

I think my employer is delaying the process, Shall I file the Complaint Application before the Central Information Commission on 31/12/2010 or wait for another couple of days for the same
Whether my move under section 18 of RTI is justified?

Anonymous   30 December 2010 at 17:53

gift deed

is gift deed cancellation of a registered private road possible?

venkatesaperumal   30 December 2010 at 17:34

pronote

my client had executed a blank pronote(for rs 30,000) in favour of one b in the year of 1992 .he repaid the amount with in a year i.e 1993 but failed to get back the blank pronote.now that b filed a civil case against my client as if he has borrowed a 7 lakh from b on 2007 how to defend the case?

Anonymous   30 December 2010 at 16:56

Whether contempt Petition is mainataianble?

repeated query


Dear Sir,
My query is in regards to service law
I have filed the contempt Petition in regards to non implementation of the order passed by the CAT which has directed the respondent to regularise my services in Feb 2010 The Respondent has blocked my salary in July 2010 and I filed the Miscallneous Application. The CAT has given one week time to file the reply and on 22/09/2010 the Respondent submitted that they will disburse the salary with in 2 days and will file the Writ Petition before the High Court. The High Court has set referred back for reconsideration on 05/10/2010. The CAT ON 07/10/2010 has to close the contempt Petition and the matter is still pending there
The respondent neither has released the salary but has terminated my services without serving me the copy of the order in 30/11/2010. I have filed the fresh Petition against the termination which is admitted and issued notices to the respondent

My query is there That the respondent has given false submission before the court that they will disburse the salary within 2 days and the CAT HAS PASSED AN ORDER ON 22/09/2010 and the fact is that I have still not received the salary and the employer has terminated my adhoc services whether the contempt Petition is maintainable in such circumstances ?

raghavendra   30 December 2010 at 14:58

UDS

what is UDS ,can anybody tell me

Arvind Singh Chauhan   30 December 2010 at 14:04

Cacellation of gift

Please Sir,
Whether cancellation of gift deed may be registered. If yes can any body may provide me the format of cancellation deed. Or to go civil court for cancellation is only remedy.

Anonymous   30 December 2010 at 11:22

Partition Suit

A simple partition suit filed by the daughters seeking equal share in their father's property is pending in the district court in Tamil Nadu for more than 5 years. Does it require more than 5 years to resolve the dispute of partition ? I really wonder. Can any learned expert suggest solution for bringing an early end to the suit ?

G.Padmanabhan   30 December 2010 at 08:23

Testate Or Intestate succession


Property X is the self acquired property of a female-A. She has got two daughters, and a son. Her hubby predeceased her. She (A) makes a will in favour of one of her daughters in 96 and dies in 97. The legatee daughter files petition for Letter of Admn. During the pendency of proceedings, she dies. She has no other class I heirs. How does the property devolve? Testamentary or Intestacy? The brother of the legatee sister, i.e. the son of the original prop owner has lost touch with the family for more than 30 years. What legal courses are open in respect of the property X. and to whom?
Would our experts give suggestions.