surendra
01 April 2018 at 23:14
Recently i won a case of writ B in high court of Allahabad and before 8 years ago same judgement was made by District court(DDC) in my favor but party is crazy i doubt he may still try for any other court. this took 8 long year i am worried because now planning for construction. question is where he can go against this order and is there any way he could get stay order. Plese suggest what should i do to avoid all this again.
Thanks in advance..
Regards,
Surendra Yadav
anu radhalll
01 April 2018 at 18:57
Sir ,it's land suit case.we are not cultivating persent..
1993 consent decree passed and also judgement comptd 1993.
Actual in that decree my grandfather is defendant.( Defendant -my grandfather is died right now).
Actually - my grandfather not went to the court in 1993.even consent decree passed..
I went to court asked for certificate copies in that written statement missed somewhere.
Vakalth and judgement --my grandfather name is there but grandfather father name written wrongly (some other name)
Now can I appeal decree??
Rasheedkhan
01 April 2018 at 17:01
Dear Sir, We filed SLP at Supreme court of India, SLP dissmiised and order is : we find no reason to entertain this petition. Is it possible to submit review petiton at High court or?
Mohammed NIZAMUDDIN Farukhi
31 March 2018 at 02:58
Regards
My client consumer case at state Consumer forum at Chennai, on Feb 2018 the SCDRC directed the Complainants' to present before National forum due to the pecuniary Jurisdiction on account of latest SC judgment. This case is against the builder and bank filed in 2006 before SCDRC for getting possession of the flat along with compensation. During 2012 the bank had moved under RDDBF Act against my client since my client had suspended the EMI during 2010 when the proceedings were only running on summons. The bank invoked Sarfaesi Act for which my client replied for closing the loan account and instead of addressing the issue or auctioning, the bank moved drt as a recovery suit which is reserved for orders since 16 Aug 2016. At present the possession is with the bank repossessed from the builder without following the mandatory rules laid down in the act.
Now my question is:
If we present the petition in National Consumer forum now, as the similar case is in dry, will it effect sec 34 of the Sarfaesi Act and RDDBF act
Please guide
Bhaven
30 March 2018 at 20:00
Is a Board Resolution authorizing one of the Directors to defend an eviction suit and sign and verify a written statement mandatory?
I am the Plaintiff in an eviction suit. Whether I can point out this defect to the Court and whether the Court can strike out the defence or alternatively frame an additional issue? The matter is at the stage of cross-examination (cross has not yet commenced).
Thanks in advance!
kaur
30 March 2018 at 15:51
High court issued notice of motion to respondents to appear before the date fixed. Journalist/reporter had published in the newspaper regarding appearance of notice by high court to respondents. Can case be filed against journalist / reporter.
Jeevan
30 March 2018 at 13:40
Hello Friends,
I need a clarification.
When a partition suit is referred to Lok Adalat and when an award is passed specifying shares of all parties to the suit, whether such award is treated as final decree or partition deed? Whether such awards need registration? Please enlighten me the procedure.
Regards.
siddhartha ghosh
30 March 2018 at 01:22
My mother has a pension account on SBI kolkata headquarter branch, she was given an overpayment of pension by the bank quite a few years back and it continued for sometime. After the bank noticed it they sent us a letter mentioning that my mother has received extra pension amount from the bank and the bank will deduct 1/3rd of the pension amount from now on until it is totally recovered but suddenly yesterday they sent a letter to us mentioning that a lien has been put on my mother's pension account and we need to pay the due amount of 602000 immediately. although we asked them to mention several times through mails that what exactly is the pension amount that we are receiving from govt of west bengal and what is the amount that is left behind after deduction for so many months they never gave us those figures. What should we do now?
Nazeer Ahmed
29 March 2018 at 16:15
It is a settled position of law that once a right of redemption is exercised and readiness was shown for the payment of mortgage debt, the mortgagee is not entitled to claim any interest on the Mortgage debt.
Please share and quote judgment in this regard.
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Applicability of res judicata to a pil seeking mandams
A PIL was filed before the Hon'ble High Court of Karnataka in 2012 by a Residents Welfare Association i.e., the Petitioner, against a Charitable Institution, the 1st Respondent, which had constructed a high rise building by violating all the conditions of grant of free land to it and zonal rules and regulations. The Bruhat Bengaluru Mahanagar Palike (BBMP) which was arrayed as the 2nd Respondent filed two affidavits acknowledging all the said violations committed by the 1st Respondent. The 2nd Respondent i.e., BBMP vide its two affidavits filed separately - one by the Commissioner and the other by its Head-Legal Cell stated that they have already taken appropriate steps to recover possession of the premises and would abide by any order passed by the Hon'ble High Court of Karnataka. Their learned Councils also promised to take prompt action in that regard. Based on the affidavits filed, the Hon'ble High Court of Karnataka was pleased to dispose of the petition during the year 2015. Even after three years of the said order, the 2nd Respondents i.e., BBMP has failed to take any action till date.
The point to be noted as per Section 11: Public Interest Litigation, it is is held that if relief sought in the previous and the subsequent proceedings are substantially same and the cause of action in both the proceedings are same, the previous decision would operate as res judicata.
But there was no previous decision/order. In other words, the petition was 'disposed of'. Hence, invoking the provisions of Contempt of Court may not arise.
Under the above circumstances, whether Res judicata is applicable? If so, under what Order and Rule of CPC, the application is to be filed again before the same Hon'ble High Court of Karnataka, seeking specific order within a specific time frame.?