Member (Account Deleted)
29 November 2010 at 15:56
an application for enforcement of fundamental rights was filed before CAT for right to equality among a batch of 70 employees.
It was dismissed in limine as time barred without going into merits which was specifically mentioned in order.
An appeal under 226 was filed before division bench of high court and was dismissed, however the application filed before CAT was rendered not to be barred by limitation but ultimately the appeal was dismissed.
Can I move a fresh petition under article 32as the matter was never adjucated upon by any court with complete pleedings and full contest on merits?
anshul sangal
29 November 2010 at 13:23
I need case law in which drowning is not accident.Insurer died due to drowning in river. Insurance claim is given by the LIC but insurer family is claiming accident benefits.
Mohamed Ali
29 November 2010 at 12:14
Dear Sir,
As our Suit is very old of the year 1948, which is still pending in Final decree proceedings from 1986,
We had approach high court regarding one Interlocutary Application in the same FDP when it was dismisssed in trial court, Then our Writ petition was also dismissed by the High court,
but we requested the Judge to direct the trial court to finish of FDP in 3 months, The honorable judge did so by mentioning in the order some 1 year back.
But, Now the trial court Judge is asking us to write for extension of time to High court and not letting us to file any new Interlocutary application,
as the suit is very complex and minimum it requires another 1 year and more to finish.
Question: Can we write or approach high court seeking extension of time for our trial court FDP case, How to proceed through lawyer or cn parties do it.
Anup Hadgaonkar
29 November 2010 at 11:09
How to file suit for recovery of money.
give me a proper provission under which act i can file the suit for recovery of money
vaidyanathan
29 November 2010 at 09:47
As unable to clear the debts a doctor arranged a partnership deed (not registered but under notoriety) in his industry and collected back the instruments and there was no mention of the said collection of the same in the said deed.
However, there is a word the amount so arrived at as at...etc. Moreover, the said agreement is not valid since, he alone discharged the same whereas in 1/3 of the same belongs to his wife yet, it is on the sole proprietorship.
The said deed also commands the title partnership cum power of attorney to sell the same for a cut of amount of 21 lac for which it hardly goes.
The creditors have sued them in the court of law for recovery of money based on the partnership deed. After three years, the opposition lawyer objected to as if it is unregistered hence not maintainable.
What is the recourse. Yet it is noteworthy that they have not sued him over the business of the said firm,property business and bill but on other contract bill of the cheat is attached.regards vaidya can come on vaidya.keshav@gmail.com
harivanshsai
28 November 2010 at 20:44
Can misc. applications filed before division bench of high court be challenged before supreme court through SLP, seperately?
harivanshsai
28 November 2010 at 20:41
How to file an application of recusal of a high court judge, if i wish to file a review petition before any other bench on the ground of vitiated proceedings in the main petition?
Can we make a request before Chief justice of High court for such recusal?
srinivasan
28 November 2010 at 20:40
what are the steps shoud we take to prove family partnership buseness taking family members as partners as joint family buseness. since the buseness grew with the aid of the family fund
Anonymous
28 November 2010 at 19:37
Dear Experts,
My clients belongs to below powerty line.The revenue authorities dispocessed them force fully from their hard earned plots under the pretext of SEZ .On wrong advice of their previous senior counsel they approached high court through writ petition. Unfortunately the High Court dismissed the writ. The High Court observed that there is a dispute of title that the land alloted to sez scheme, the petitioners can approach civil court for the adjudication of their rights over the land. My clients have no sufficient financial power to pay court fee to file declaration of title suit against the government.My query is whether is there any provission in such circumstances, court fee may be exempted or consession can be granted to file suit for declaration of title and recovery of pocession against state government?
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Interim injuction
The plaintiff obtained ex party injunction orders against defendants in property case.The defendants made their appearance through Advocate.During the pendency of petition the defendants violated the orders.The injunction was not made absolute.Whether the plaintiff can file petition under order 39 rule 3a of cpc for violation.