harendrasinh
21 April 2017 at 20:52
I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.
2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.
4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.
5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.
6. Now should i file a Suit in Civil District or Highcourt and under which section, pl guide me.
Harendrasinh.
Anonymous
21 April 2017 at 18:02
Hello sir, I am yogesh Goswami, after demise (death) of my father in year 2000 my mother filled a civil suit to get legal heir ship certificate in ambajogai court. I was minor 12 years old & my mother mentioned my name in that case.cause of lawyer's mistake court rejected my mothers case & she didn't get heirship certificate from ambajogai court. After that my mother filled civil appeal against previous judgement. In that case I am second appealant. In this appeal our lawyer didn't mentioned reason to adduce additional evidence so that court rejected application to adduce additional evidence & now this case is held for final hearing. I want to ask you a question that, when my mother filled civil suit I was minor child. So can I fill new civil suit in ambajogais court to get legal heirship certificate?
pushpakrishna
21 April 2017 at 16:58
X executed a registered power of attorney in favour of B to sale a plot but not sold to anyone. Now X wants to revoke or cancel the same by giving a public Notice in local news paper and a Notice to B.
The sub registrar where the Power of the attorney registered saying that both parties must come and cancel the same but B is refusing to come and cancel the same due to for a wrongful gain.
Kindly advice on this my dear experts and I hope you do and Thanq very much in advance..
SHAILESH PONGADE
21 April 2017 at 12:40
Sir,
My mothers father was died in 1987, he left some agriculture land, after death of grand father he left two sons and one daughter, in mutation entry his two sons declared that he don't have any sister and passed mutation entry on 7/12 extract of only two brothers in 1991. after all Daughter fight and get entry on 7/12 by ordered passed by Deputy Collector on 2013. My grand mother is also dead in 2016.
Now my query is how much share will be allotted to my mother.and how much beneficial to file parathion suit against two brother.
please give guideline
rajashekhar
20 April 2017 at 22:37
How to get thumb impression and signature record books of document registration office can be procured if thumb impression and sign of document on the document are fake to be tested for lab
Vijay Kumar
20 April 2017 at 22:15
A piece of Land was mortgaged by Mr. X (Schedule Caste Person having his name in Khaitian) to Mr.Y in lieu of Rs.150/- in Year 1946, Possession of Land was transferred by Mr. X to Mr.Y , As repayment was never done by Mr. X and he died in 1949. In 1965 a suit for recovery of possession was of Land was filed by Sons of Mr.X, However it seems they never fought the case and and ex parte Order was given in favor of Mr.Y keeping in view adverse possession he had on land for more than 12 Years. In 1967 the same piece of land was sold to Mr. Z who again in 1982 sold it to Mr. A, Now till date Mr. A has the plot hols the plot, Mutation stands in name of Mr.A and he also has the possession.
In the year 2000, a case was file in SAR Court for restoration of possession of Land by Descendants of Mr.X, against Mr.A , and an ex parte order was given against Mr. A and Land was restored in favor of Mr.X.
When Mr.A came to know about the ex parte order, he filed an appeal in the court of Deputy Commissioner and won the case since the case was filed more than 35 years after the land was given in possession of a General Category Person (i.e. 1965) and was time barred. Decision of SAR Court was set aside and land was Mr.A was allowed to continue possession and decree was given in his favor.
In 2005, Descendants of Mr. X now filed an appeal in the court of commissioner for restoration of possession of Land. However there also Mr. A won the case on the grounds that the case was time barred according to Section 71A of CNT Act of 1908. Decision came in 2014.
Thereafter no appeal has been made by descendants of Mr.X in High Court and Mr. A continues to enjoy the possession of land. It has been 3 Years since the last case was disposed in Court of Commissioner.
Note: Mr. X was/has been classified was Schedule Case. (Caste: Oraon)
Rest all people to whom ownership has been transferred are by caste GENERAL
Mutations, Possession and all documents of Land are good and in name of Mr. A
In 2012 Govt acquired some portion of the concerned land and payment was given to Mr.A.
Questions??
1. Should I buy the Land?
2. Can can other descendants of Mr. X (other than who has filed the case all along) file a case agai in lower court and will his case stand or in case of construction, can he put a stay.
3. Is there any risk of any nature in buying this piece of land?
M Satyanarayana
20 April 2017 at 15:14
Sir,
I happen to be one of the party to a partition suit filed long back. I am fortunate enough to receive preliminary decree in my favour. I hoped and happy there will be final decree and my uffering will end.
To my utter surprise and embarassement the case is still pending with no hope for final decree. The other party and their family are filing one after the other false fabricated documents of claims/possession over the property and obstructing final decree till date. The case is two decades old.
Do I have right to sell my share in the property without physical metes and bound and final decree by respective court. Other party is waiting for total surrender of my share in kind.
Please let me know the facts about my case and my share.
Thanking you,
M.SATYANARAYANA
pl1532a
20 April 2017 at 12:57
Hi,
This is a tenant eviction case. I have won the case in small causes court. And the court has given a 3 months time for the tenant to vacate. The tenant has played a trick that he has vacated and i have given the house to some unknown party (while he is still in the house).
This unknown party has filed an application in the Small cause court and as there were no proofs the application was dismissed in the small causes court. He filed reversion petitions in High court which was dismissed too. He even went to Supreme court and the SLP was dismissed there as well.
Now he has further filed an application the small cause court which the small cause Judge (a new judge than the one who actually gave the order) has accepted it. There were arguments again on the same topic and the order is due. This process took more than 3 months now and even the order dates have been moved for last many weeks
My lawyer states that we need to file only update to Chief justice of Karnataka High court (while this is not an official complaint against the judge)
1. Can a judge accept the application to stall the execution even after some one has lost in all courts (Sc, HC, SC)
2.Is there actually a way to send the case details to Chief justice thru online . If yes is this not a complaint against the judge
3. What do you suggest in this case. The judge is delaying the case continuously and we have questions on the intention.
Regards,
PPV
Sreemon Bose
19 April 2017 at 22:59
What are the grounds for rejection of a Probate application. The probate application is made by one of the sons of the universal decendants, after about 46 years of the death of the testator. when the application was made one of the universal decendents was alive, but today he is dead. The case is running for about 10 years. The applicant had already purchased the shares of the other 2 universal decendents (3rd was the applicant's father) before applying for this probate.
Now, can I file the rejection petition? If Yes, then:
i) On what grounds?
ii) When? Before the 3rd defendant's (3 Defendants/Objectionaries are there, where 2 defendants examination is over) Examination?
iii) procedure for it?
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Challenging order/decree
Dear Sir
There was an out of court settlement between parties to a property related case. As the case was still pending in the High court. The parties approached the court to pass an order and decree to record the settlement. Please advise if an order and decree passed by High court in this property related matter
1. can be challenged and amended/reversed.
2. If so, under what circumstances?
3. What is the time period after passing of order/decree can the same be challenged?
Thanks and regards
Raju V