brijesh sharma
25 December 2010 at 18:24
Please reply that what is the maximum marks% fixed by Hon'ble Supreme court for interview in comparisin to written exam in a transparent selection process. If there are some citations, please replied accordingly.
Anonymous
25 December 2010 at 18:19
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?
yogesh
25 December 2010 at 17:45
Sir,
If the Special Leave Petition (SLP) is dismissed by the Supreme Court of India on certain issue arising out of the Judgement of the High Court
Whether civil appeal in DISMISSED SLP can be maintainable on different issues arising from the different order of the HIGH Court but the parties are same
Illustration
Service matter
A........PETITIONER
vs
Govt Hospital(B).....Respondent
CAT has allowed the application of A.
B Approached High Court which was remanded back to the CAT by the High Court order
A filed SLP against High Court order which was dismissed
CAT reversed its previous order of the A
A Filed the writ Petition against the order which was also dismissed
Now A wants to make an appeal against the order of the High Court
Whether A will have to file the fresh SLP against the High Court Order or Civil Appeal against in the previous SLP can also be mainatainable?
Arvind Singh Chauhan
25 December 2010 at 16:38
"A" gifted land to govt in 2001. for the construction of Grain godown, and got the gift deed registered. But later govt. refused to construct godown due to local politics at this place.
In revenue record mutation has not yet taken place.
"A" wants to take legal step-
1-Whether govt. can be compelled to construct the godown on the gifted land.? If yes what should be done.
2- If it is not possible, What is the procedure for cancellation of this gift deed, and to ask compensation from govt for 10 years.
Anonymous
25 December 2010 at 15:25
Warm Regards on Platform
As understood that the court on record hears that subject of both the parties before the property is attached .
On the other hand do the bank or society or any goverment organisation running insitute have the rights to get the abj before the hearing takes place in the court , just understood that they ( bank or society ) have filled and the attachment is passed as abj in the court and the property is attachment is done over
no dicussion , no standing in the court ,
papper passed , what and how does it get ordered pls slove the doubt
Guide us
Krish
25 December 2010 at 08:32
i am residing in delhi in my mother owned intestate property.my parents and my only elder brother expired.his family is residing on the 1st floor.My bhabi(widow of my brother)and her family members threats me and abuse me on my cell phone.How authentic is a phone call in the court of law.
Kumar Krishan Agarwal Advocate
24 December 2010 at 23:58
My Ld Friends,
1. That I got a divorce case which I have to file before District Judge. I have completed all the drafting work but one point is bothering me that in the Affidavit page in last will I have to get attach from the "Oath Commissioner" OR "Notary Advocate" before I may get file at the Records room of D.J Court.
2. What the General & basic things or if any documents be annexed, I have to remind once again before filling the divorce case so that no error will primarily be occurred from my side.
Shruti
24 December 2010 at 18:13
Is it necessary to file a suit for execution once a final decree has been given in a partition suit? When is it compulsory to file an execution suit? Your input on this matter would be greatly appreciated. Also, please tell me which order or rule i can find the same under. Thank you.
Anonymous
24 December 2010 at 17:08
Dear Sir,
I am adhoc employee and served for more than 12 years in an organisation. Two year ago, I challenged the selection process and the court has made the order in my favor and I filed the contempt petition which was closed after the intervention of high court order but the matter is pending for reconsideration
The employer has terminated my services without notice and without serving me the copy of the order
I have filed the petition without order
Please inform whether the employer can terminate the services of any employee on the basis of verbal directions without the copy of the order?
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necessary party in partition
please send citation or reported case laws regarding necessary party in partition