Whether in a suit for Declaration & Injunction asking for possession is mandatory,if not asked for possession then does it not follow.Then if possession not asked for whether the court can dismiss the suit only on the ground that possession is not claimed when other two grounds are proved?(refer to O.7 R.7 & S.34 Specific Rel.Act.)Give ruling also.
Ajay Dand
09 May 2010 at 09:23
In our CHS, a Special GBM was called in Nov. 2008 for discussing the resignation tendered by the existing MC and to form a new MC in its place. During this SGM, other business was also discussed, and couple of other resolutions were also passed. One particular resolution was pertaining to charges to be levied on members for using part of the society premises for family functions. Majority of members have also approved the resolution. Now, as per the model bye-laws, no other matter can be discussed in a SGM other than the agenda spelt out. However, there has been no challenge to the resolution and member who have subsequently carried out family functions, have paid up the charges. But recently, when one member, who was asked to pay the charges for his function, refused to pay, saying this resolution is invalid. Hence my question to the learned expert is, while yes there is a technical error on part of the GBM to pass the resolution, does is violate the letter and spirit of the law? ALso, since majority of members have agreed to the resolution, can it not be considered a valid resolution? Thanking you in anticipation.
Anonymous
09 May 2010 at 08:21
Plaintiff has filed a suit for recovery of Rs. 10 lacs from the defendant for taking monvey for issuance of foreign exchange to the bank.
The said matter was last two years recently filed an application U/s 38 Rule 1 &2 and Order 39 Rule 5 for attachment of another property is it possible or not.
i do second appeal in raj. hc against lower court judgement. plz tell me procedure of appeal before judgement.
Anonymous
09 May 2010 at 08:04
Ii is order 38 rule 1 &2 & Order 39 Rule 5 was filed in a suit for recovery or not
i do second appeal in hc. notice serving complete and then now next stage.
Anonymous
08 May 2010 at 23:19
iam a staff nurse in jipmer, a central government institution,puducherry. there is call for for staff nurse post in state government,puducherry. if i apply through proper channel and join in state government, whether they will give pay protection and my service will be counted? my next question is for higher studies a per law goverment servants are allowed for higher studies without pay in 3 years, in that case my service from date of joining the central government will be considered or date of joining the state government will be considered? thanks in advance .
Anonymous
08 May 2010 at 22:49
R/Experts,
I have filed suit for possession by removing encroachment.But in my pleading I claim less area in that of actual encroachment.Now I want to amend my pleading.The stage of suit is for written statement.Please tell me whether I can amend my plaint or not?If yes then May I wait until T.I.petition is disposed or prior thereto?
asifa butt
08 May 2010 at 22:40
if in a section of an act it is written"for the purposes of this section' how will we interpret it ?what will be the scope keeping in view interpretation of statute
Fake DL
if DL fake in mact case.then what ramidies aviavle to insurance company if there any law point please suggest.