bail permitee.

1) A bail permitee transacts bail entirely based out of their own funds (which must be considerable) without a surety insurance company backing them. A bail solicitor is licensed only to transact bail for one employer. They cannot work for themselves or any other company but the one they I initially contract with. Neither if these are common. Bail AGENTS, who are backed by sureties and can work for themselves OR any other bail company, are mist common.

2) Injunction is a restraining relief. Interim injunction is a variety or form of interim relief, which is a broader category. Normally when the plaintiff or petitioner establishes a prima facie case and the balance of convenience is in his favour and if he would be subject to much or irreparable harm unless some urgent relief is granted pending the main relief asked for in his suit/petition, then the interim relief is granted in his favour. The order awarding interim relief in no way decides the merits of the case. Nor can it be a res judicata; nor can it establish any ratio decidendi. It is but a discretionary and equitable relief by the Courts to maintain the status quo pending disposal of the cases or to reach some immediate relief and justice to the aggrieved party so that he can pull on further and pursue the case and his livelihood, etc.

Interim relief can be of various forms - positive and negative, whereas injunction is generally or exclusively negative. It restrains the defendant or any third party from carrying out any specified action detrimental to the interest of the plaintiff/petitioner pending disposal of the case. As already stated, injunction is a subset within the broader set of interim relief. Normally interim relief granted should not be equal or equivalent to the final relief requested for - of course in very exceptional circumstances the Court can and may grant even such interim relief as equivalent to the final relief requested for.

Query : Pls Comment on the above mentioned topic if possible with the case laws. Also I want to know which section says the above mentioned one's.

Thanks In Advance.

Pledge .

Pledge means possessing the movable property whereas Hyphothecation is possessed on immovable property. Possession of property will be with the lender in case of hyphothecation possession of property will be with borrower itself.

Query : Which sections says the above mentioned ones. Also Difference between Lien & morgagte because i think both the defination are same. Also which sections says the defination of pledge, mortgage, Hypotehication & lien.

Thanks In Advance.


Thanks In Advance.

UNAUTHORISED CONSTRUCTION AND ILLEGAL RUNNING OF GUEST HOUS

DEAR SIR,

MY BROTHER HAS MADE AN UNAUTHORISED CONSTRUCTION ON THE UNCONSTRUCTED SECOND FLOOR OF HOUSE IN DELHI WILLED TO ME . THE WILL IS PROBATED AT DELHI HIGH COURT.

I LEARNT IN 1999 THAT HE HAS UNAUTHORISEDLY CONSTRUCTED A ROOM AND A TOILET. I TOOK UP THE MATTER WITH MCD, PUBLIC GRIEVANCE COMMISSION REGULARLY. NOTHING HAPPENED.

I SOUGHT REASONS FOR NOT ACTING BY MCD FOR DEMOLITION THROUGH RTI.

THE CHIEF INF OFFICER IN JULY 2009 PASSEED SEVERE STRICTURES ON MCD AND ITS CORRUPT WAYS.

FROM 2004 MY BROTHER IS RUNNING AN ILLEGAL GUEST HOUSE ON THIS FLOOR IN VIOLATION OF MCD AND DELHI POLICE ACT LAWS. THIS MATTER TOO WAS REPORTED TO MCD AND THE POLICE DEPT BUT NO ACTION.

MY QUERY IS:

SHOULD I FILE A CASE IN HIGH COURT SEEKING MANDATORY INJUNCTION AGAINST BROTHER , POSSESSION OF PROPERTY, MESNE PROFITS AND MANDATORY INJ FOR MCD TO DEMOLISH AND POLICE TO STOP GUEST HOUSE , ALL IN ONE PETITION AS SUGGESTED BY MY LAWYER OR

SHOULD I FILE SEPARATELY A WRIT AGAINST POLICE AND MCD

AND FILE A SEPARATE SUIT FOR POSSESSION AND MESNE PROFITS.

KINDLY ADVISE AND THE REASONS FOR YOUR ADVICE.

I REPEAR MY LAWYER SAYS THAT THE WRIT IS TIME BARRED WHICH I FEEL IS WRONG AND HE SAYS THE UNAUTHORISED CONSTRUCTION IS DISPUTED WHICH IS NOT.

WHEN I REPORTED TO MCD IN 1999 ABOUT THE UNAUTHORISED CONSTRUCTION IT RAISED THE TAX CITING CONSTRUCTION ON SECOND FLOOR AND SO IT IS EVIDENT THAT IT WAS AWARE OF THE UNAUTHORISED CONSTRUCTION BUT DID NOT ACT.

KINDLY ADVISE

PROPERTY RE-SALE

MONEY RECOVERY AGAINST E.P

I FILED AN E.P.CASE AGAINST J.D. INITIALLY J.D WAS EVADING FINALLY WE ARRESTED AND PRODUCED HIM BEFORE COURT.THEN J.D.PAID RS5000 ONLY TOWARDS LODGEMENT AND GOT RELEASED,INSPITE OF OUR REFUSAL TO ACCEPT , HE WAS RELEASED BY COURT. THERE AFTER EVERY HEARING HE USED TO PAYONLY RS3000, WHICH IS NOT EVEN 1% OF THE DECREED AMOUNT.HE HAS GOT ALL THE SOURCES AND ASSETS,BUT HE SUPPRESSED THEM.
SO, WHAT I WANT IS TO DECLARE HIM AS A CREDITOR I.P. THROUGH THE COURT. HE IS ONE OF THE DIRECTOR IN THE FINACIAL INSTITUTION RECOGNISED BY THE RBI.
KINDLY ADVISE ME WHAT OTHER STEPS THAT I CAN TAKE RATHER THAN DECLARING CREDITOR I.P.? OR HIS COUNCEL SAID HE HAS NO MEANS TO PAY .EVEN THIS RS3000 IS BEING PAID THROUGH HIS SON'S SALARY,WHICH IS ABSOLUTELY WRONG.I KNOW HIS SON IS NOT WORKING ANY WHERE.
WHAT I SHOULD DO TO MKE HIM TO PAY MORE OR SHALL I FILE CREDITOR I.P. PETITION AGAINST J.D. ADVISE ME.

writ petition when is it time barred

may brother made an unauthorised construction on the floor of a house willed to me by my mother in 1999.

i wrote to the municipal corp of delhi where the property is located.

i kept on regular correspondence about its demolition and filed a petition with the public grievance commission delhi.

nothing happened.

i wrote again regularly and took the matter with rti.

the CIC passed sever stricture against mcd for failure to act.

QUERY

I WANTED TO FILE A WRIT PETITION AGAINST MCD FOR FAILURE TO DEMOLISH CONSTRUCTION

THE LAWYER ADVISES THAT THIS IS TIME BARRED.

IN MY EXTIMATION TIME BARRED PERIOD APPLIES IF YOU DID NOT INITIATE ANY ACTIION FOR 3 YEARS TO ACT.THIS IS NOT THE CASE.

WHAT IS THE POSITION SIR

WILL I HAVE TO GO FORM A CIVIL SUIT AGAINST MCD OR A WRIT CAN BE ADMITTED.

Is Right to Speedy Trial is also available in divorce case?

Is Right to Speedy Trial is also available in divorce case?

What is F.A.F.O?

I need to challenge a lower civil court order in my temporary injunction application and I have been told that it will be F.A.F.O. in High Court and that too before double bench. What is F.A.F.O and is this the only option for me or I can file a writ petition also. This matter is of Uttar Pradesh and related to Allahabad High court. Please advice me.

Urgent - execution of Exparte injuntion

Respected Experts,

I wold like to know as to How is an exparte injuntion executed ?

Regarding property rights after death of husband

Hi,

I have a question

My friend lost her husband recently and he had 2 property in his name and he did not have a will when he passed away.

Father in law arranged for a legal heir which had the following people.

1) The deceased person's Mother
2) His Wife ( my friend)
3) The deceased person's Father

But when i read through the Hindu succession act It said that the property will go to the deceased person's mother and wife only since they are the first class legal heir. The deceased persons father comes to the second class so we need not have him in legal heir document.

My questions are .

1) Am i correct about the act OR is the deceased persons father is also a legal heir by law.

Since this person is creating problems in settlement.

The deceased persons mother is not having any problems giving the property to my friend.

2) What are the things required to get the property legally registered to my friends name.

Any comments/ information/ suggestions will be highly appreciated.