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Anonymous   23 October 2010 at 23:37

FIR II

Mr. X used to lived at 3rd floor in an apartment. The apartment is 4 storeyed building.Mr. X purchased the flat from the developer. The ground floor and first floor is occupied by the landlord. Landlord has 5 children. Mr. X is given the responsibility after mutual consent of all the flat owners but not of the landlord to collect the maintenance charges from the flat owner as well as the landlord to meet the general expenses incurred or to be incurred on building. Landlord want that the responsibility should given to him in spite of he didn’t pay any maintenance charges till that date. So all the other members of the building didn’t gave the said responsibility to landlord as there was huge amount of due in his name for maintenance charges. So there is no mutual understanding between Mr. X and the Landlord. After a couple of month of that incident sons of the landlord started harassing Mr. X and his family. Before the occasion of Saraswati Puja on January, 2010 after some mutual understanding (urgument) between Mr. Y (younger brother of Mr. X) and Mr. Z (son of landlord). After that Mr. Z call Mr. Y downstairs and they (group of people with sons of landlord) started physically tortured on Mr. Y and then after Mr. X made a complaint to the nearest police station but they (police) didn’t take any action due to puja occasion. However Mr. X was not bother about and started living peacefully. But again as Mr. X has two motorcycle which he used to park downstairs in front of the building. Sons of the landlord always tries to harm the motorcycle of Mr. X. Sometimes they cut the seatcover of the motorcycle, sometimes they used to took out the looking glass of the motorcycle and sometimes and sometimes they put sand in the the silencer pipe of the said vehicle.
By this situation Mr. X is not able to live comfortably so he made an FIR to the nearest Police Station.Police made the FIR But won’t take any action, given the assurance that they will asked to PC party to take a round of that are and said that Mr. X should provide the evidence.Mr. X says that these things are done for the only reason of that Mr. X holding the responsibility of cashier. Is it feasible enough in this situation when the landlord is older residence of that area than Mr. X and Mr. X stays on the 3rd Floor.
Sir I am again repeating that Police demand evidence but how could Mr. X gather the evidence it is not possible that he forget his business and service and act as a watchman of the property and if he do so then are they mad they will do such thing in front of someone.
Please reply as soon as possible it is very urgent.

lavan kumar   23 October 2010 at 23:32

appeal for condonation of delay for filing 148 petition

Hi,Iam kumar and i would like to know whether there is any instance that a court had condoned a delay of more than one year for filing 148 petition after 2002 limitation act, if so give me the citation and kindly help me

Anonymous   23 October 2010 at 22:58

open terrace

yes sir terrace belong to us its nt a common terrace, my flat is on top floor wth area of 1000 sqft out of which 500 is one bhk flat and othr 500 sqft is open terrace we have paid for terrace while purchasing flat and are also paying maintainance of flat as well open terrace , we r nt allowed to cover our private terrace becos society is nt giving permission saying it is open terrace inthe map of the building and hence we cant change or cover it.
now the concern is d flat exactly down is facing lickage problem due to open terrace and our construction is 18 yrs old so wann to knw who wil bear expenses? we r paying maintainance so should we contribute or not pls guide ?
waiting for ur reply.

vinod bansal   23 October 2010 at 21:22

Suit for permanent injuction by tenant against landlord is maintainable or not

R/Experts
whether Suit for permanent injuction by tenant against landlord is maintainable or not.Thanx

vinod bansal   23 October 2010 at 21:19

Rent act is applicable on improvement trust or not

R/Experts
Kindly let me know whether rent act is applicable on shops of improvement trust in Haryana or not
Regards

chander hass   23 October 2010 at 19:30

judgement in premption

respected experts
if a judgment in premption passed in favour of any person but he did not got enter mutation on the basis of the abovesaid judgment within 12 years, whether he can claim ownership of the property on today?

pratik   23 October 2010 at 19:17

NOT A DECREE.

Whether order of consumer forum is a "Decree" and the forum is a" Civil court" (for the purposes of Art. 136 of schedule of limitation Act )? i think answer is negative. pls advide me

or

If we say (we exclude the above bracket) then also we can say it is a "Decree" and the forum is a" Civil court"

Also any case laws.

The execution petition valid for how many years. any section says.

Section 13 of the limitation act, 1963

13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for - In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court-fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court-fees had been paid in the first instance.

what do u mean by pauper ?

2)Before an MACT Tribunal in any cases, the final award is passed throught an ORDER and not a decree. which section says that it is a order & not a decree.

3)I have heard that the order passed by any tribunal is order or final award & NOT A DECREE SO as per which section or case laws it says that the order passed by any tribunal is order or final award & NOT A DECREE ?

pratik   23 October 2010 at 19:16

High Court.

Pls Experts Guide me .

Difference between Chief Justice of India, Chief Justice of High Court (Of any high court) & Judge (Whether it may be single ,division, full bench).

Pls help me out.

1) What is the difference between the above parties & there powers, liabilities.

2) How can bind Whom ? If Possible with the examples. Why do different high court in different state have CJI & Judge Both. What are there duities & how can interfer in the others work. (Eg : Judge can interfer in CJI Work or Vice - versa). How is most imp persons during the appeal , at the time of decree passed & in normal court hours. Can we say that there are Public servant as per the Section 21 of the Indian penal code, 1860.

Thanking U All Experts In Advance.

Anonymous   23 October 2010 at 19:07

court order for name change

I am married Hindu woman staying in India. My name was changed after marriage from Miss A.B.C.(name, father's name & surname) to Mrs. X.Y.Z. (New name, husband's name & husband's surname ) Now I am asked to get court order for change of my name from ABC to XYZ by US authorities as I am applying for visa.
My Question is from where and under what provision in India, I can get court order for the name change?
Pl answer my query.

chetan   23 October 2010 at 18:44

Sale Of Disputed property

Sir,,

My question is can the defendant sale the disputed property if the property is registered by his name but in possession of the petitioner since last 22 years...

please mail me your advice at mail.g1411@gmail.com