Kirankumar
27 December 2010 at 14:22
Plz, guide me about anti neptual Agreement,
and if there is any authority of Supreme / High Court regarding the same plz send me citation,
will be very thankful,
Adv. KK Raghuwanshi
Anonymous
27 December 2010 at 13:47
can an appealant who filed a case in revenue court against her brothers claiming share in parental agricultural land 1994(which is acquired by state govt)and mattere was pending for years and later she withdraw that case in 2009 by fileing a affidavit but after some time a month or so she again filed an application for reinstateing the case (as she was under her children pressure)what are the remedies available to both the parties.....?
Anonymous
27 December 2010 at 13:38
kindly, mention the relevant section under indian law or any supreme court judgement under which suits claiming partion in agricultureal land is subject matter of revenue court or authorities and civil courts can hear cases claiming share in residential or commercial property only. and under which fact civil court can dissmiss the hearing of partition of agricultural land at the time of debate or arguments. kindly provide your valuable inputs.....! ( satate of rajasthan)
Lawson K Tharakan
27 December 2010 at 12:36
Whats the law telling the basic facilities to be provided in student hostels and mansions.
R.M.Bhaduri
27 December 2010 at 10:08
A tenant was dispossessed by his landlord without his consent, and immediately rented premises was part demolished and are contemplating to demolish the rest, a suit for recovery of possession under Specific Relief Act has been suggested by me, now in front of me I have two questions 1. Whether I can claim relief of injunction in the suit itself or have to file separate petition for injunction or what types of reliefs I can claim (it is to be kept in mind that a person out of possession cannot claim the injunction as it has been laid down by Supreme Court); 2. What will be the valuation of the suit, whether it will be Annual rent or something else. Pl. clear my doubts.
Thank you
N.J. MISHRA
27 December 2010 at 09:33
members please suggest me,
our is a ship managment company, appointed a seafarer for hongkong flag ship, that shipfarer suffered from renel disease, his both kidneys are not working, presently he is under treatment at jaslok hospital. at the time of his appointment he signed honkong CBC,it's a kind of contract governed under honkong law related to the compensation in any injury or accident happens during the tenure of accident, now the period of claim according to that contract expired. the seafarer is an indian citizen. can indian law apply to him for compensation. an employment contract was also executed between the company and the seafarer at Mumbai office. in that contract there is one clause, can that clause will be appicable.
if the ship is not covered by an agreement with a seamen's union ot ITF then the following provision shall apply
"if you suffer injury during the contract period that is not a result of your own negligence or misbehaviour or undeclared pre-existing medical condition and your ability to work is reduced or impaired then you shall be entitled to disability compensation. the maximum amount of compensation for 100% disability shall be $80,000/-. your entitlement to disability compensation aforesaid shall be determined by and depend on the report and assessments of the doctors appointed by us and in accordance with the scale and types of disability specified in the workmen's compensation act of india. further more you shall be entitled to the maximum compensation rate if either (1) you are assessed having 50% or more disability under the scales of the workmen's compensation act and certified by a doctro nominated by us to be permanently unfit for sea-service, or (2) you are assessed at less than 50% disability under the scales of the workmen's compensation Act but certified as being permanently unfit by a doctor nominated by us".
Anonymous
26 December 2010 at 23:15
sir, my case is pending in Delhi High Court.I filed counterclaim which has been registered now, but I did not file written statement in original suit, I filed WS alongwith application of condonation of delay i.e. 110 days and U/O 8 R 1. Which has to be argued in next month.
whether my counter claim may be any defence for avoiding any cost?
whether counter claim may be treated as WS?
Anonymous
26 December 2010 at 21:05
My father cant write due to some illness ..
He is giving me Power of Attorney due act on his behalf like in banks and income tax etc.
If he gives me powers to rent out his property and to sell or mortgage his property whose proceeds should be deposited in his bank accounts...
Will such a Power of Attorney be needing stamp duty as it relates to properties or if his proceeds are to be deposited in his banks it wont need stamp duty as on properties..
Thanks ...
sanjay sanjay
26 December 2010 at 20:52
Sir I had filed a suit for permanent and mandatory injunction for removing the some portion of the common wall illegally built by the neighbourer at ist floor. The court has dismissed my suit. The court while decided has not discussed any oral evidence and has mentioned that dispute between the 2 parties is that whether common wall of 9 inche width is partitionable and whehter plaintiff is entitled for 4 and half inches wall. Court has stated that ther is nothing in the GPA and other documents filed by plaintiff to show that plaintiff is entitled for 4 and half portion of common wall. on other hand def. failed to prove that common wall is exclusively belongs to him.Howeverit is admitted fact that both the parties purchased flats after construction and these are separated by 9 inch common wall.In the present case common wall is not a partition wall but same is also a load bearing wall and it has been designed as per the requirement. Court further stated that this wall cannot be partitioned bettween the parties as if same is done then any party can claim removal of his portion then building will collapse. Court further stated that both the parties are entitled to use entire portion of common wall of 9 inch width as per their requirement from ground floor to top floor. Concept of partition of common wall cannot be accepted. Hence sui t is dismissed.
Pl inform whether this judgment can be said to be in my favour as court has recognized that both the parties can use the common wall? Whether on the strength of this judgement I can build room on the vacant portion of my ist floor by interfering the common wall? ( the defendant already has one room on the 1st floor having its lantern on the entire 9’’ wall while the portion on my side of the common wall is vacant? Should I go to the appeal or should I start the work relying on this judgement ? What is the legal remedy available?
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Eviction of a tenant
Hello Sir,
We have rented a shop for Rs. 2500 per month.
As the tenant sub let the rented shop due to financial crisis. We have filed the case under Transfer of property act as UP Act 13 of 1972 is not applicable.
Now there is no sub tenant after the case.
We won the case from High court saying that the UP Act 13 of 1972 is not applicable and tenancy at will is applicable on that shop. HC has given the time till 31st Dec'10 to the tenant to vacate the shop.
Now tenant has applied for appeal in Supreme court under Subject category: Rent Act Matters - Arrears of rent.
What are his options under this category and what are our chances.??
Please suggest?