LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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balaji   19 April 2016 at 22:50

claiming the cost

I filled suit for declaration and permanent injection in the district court. At the judjement of court declared as my prayers with cost. Now the respondents apeal in high court. Respondents prayers want to stay the judgement and also dismiss the degree. The case still going on. No stay still maintaining district court judgement. How i claim that cost from respondents side?

Anupam   19 April 2016 at 12:52

Settelment deed

Hey ,
Could anyone solve my query regaeding Family Settlment ?
" If someone has transfer to his daugher by family settlment and someone has enchroched the land ilegally then could the father , who has transfered the property by family settlment, has legal right to file a suit agaist the enchrochment or after executing the family settlement transferor has no right over trasfered land. In other words I wana know what are the trasferor 's right over the land after execution of the settlement deed."
Thanks

Jimita   19 April 2016 at 10:09

Format of Vakalatnama in marathi

What all powers does advocate have in a Vakalatnama?

Siva   18 April 2016 at 23:57

Will case - compromise decree

I am the defendant in this suit and my uncle filed a partition suit against a property of mine. The property was given by my grandfather through a registered will. The plaintiff fabricated a unregistered will and filed the suit. The suit is now in trial. Now the plaintiff have come to a compromise and filed a memo stating the suit is not pressed. Now the question is I asked him to handover me the fabricated will. But it is a marked document during his evidence. Any legal remedies to resolve my worries?

Ramakrishna   18 April 2016 at 13:45

Certificates are not given by college

Sir my certificates are not given by college though i paid all fee and other formalities
on which provision i have to move court.O

P.K.THEVARAJAN   18 April 2016 at 12:45

Limitation

Limitation for filing final degree

Gautam Dhawan   18 April 2016 at 11:17

Limitation act - malicious prosecution

Request the experts to clarify the following for me :

What is the limitation Period for bringing a case for damages for malicious prosecution ?

1. Will limitation period be calculated from the date of Order of Discharge by Metropolitan Magistrate ?

OR

2. Will limitation period be calculated from the date of Order of Dismissal of Revision Petition by Sessions Judge ?

There are conflicting judgments on this issue as on one side certain high courts feel that a case for malicious prosecution cannot be brought up while Revision Petition is pending

Whereas there are also judgments where suits have been dismissed taking the date of order of discharge by Metropolitan Magistrate as the date from when Limitation begins to run.

Certain Observations of the courts :

The order of acquittal terminates the prosecution for the time being. The filing of an appeal does not ipso facto vacate that order: and yet while the appeal is pending it can hardly be said that the prosecution has terminated.

In our opinion, the starting point of the limitation for a suit for compensation for malicious prosecution is the date of the operative order whereby the plaintiff has been acquitted or the prosecution against him has terminated in his favour. In a case where the order of acquittal or the order whereby the prosecution is terminated in any other manner, is not challenged in appeal or revision before the Superior Court, the limitation will have to be computed from the date of the passing of the said order. But in cases where the said order of acquittal or the order terminating the prosecution is challenged in appeal or revision before the Superior Court, by virtue of the applicability of the doctrine of merger, the original order is merged in the order that is passed by the superior Court in appeal or revision and the operative order would be the order of the superior court and therefore, the period of limitation will have to be computed from the date of the order of the Superior court in appeal or revision

Shekhar Chourasiya   18 April 2016 at 10:23

Land acquisition by municipal corporation

In Indore (M.P.) Municipal Corporation acquiring building Commercial and residential for widening roads without giving any compensation to the owner of building. They are acquiring buildings for widening road for new master plan of Indore, but not giving any compensation to any owners. Also they are not providing even a month tiime to them and the peoples resides their since many years, who are legally owner of the building, are on the road. My question is -
- Is this justified ?
- Are they having power to acquire building without any compensation ?
- Any suitble judgements
- Suggestions

Anonymous   17 April 2016 at 21:18

Police aid to maintain Injunction

Res.Sir With the reference of the above subject, plaintiff get Injunction order from trial court, defendants preferred appeal before the Hon'ble District Court for Stay on Injunction.which is still pending. Thereafter, plaintiff move application with prayer of Grant Police aid to maintain Injunction, we has filed say with rebut the application.,but,Hon'ble court matter fix for final argument with police aid. My question is that. Can court grant police aid to plaintiff for maintain Injunction order while all civil remedies are available to plaintiff?if not please provide some case laws on this topic. As soon as possible. I am waiting your valuable suggestions.

Ashishsaxena   17 April 2016 at 13:00

Regarding pay protection

hello sir,
i am working under medical education department in madhya pradesh in a college.
i joined the institute as demonstrator on 30/9/2009 at salary of 15600-39100 with grade pay of 5400 which later changed by govt order from 5400 to 6000.
i worked there till 12/12/2013 and got timely increment of 3% annual with time to time increment in DA as per govt order.
i selected in the same departmet on higher post of assistant professor under class I from 12/12/2013 with salary of 15600-39100+7000.
as i was in the same dept and in the same college and under medical education department.
i joined and got advantage of only carry forwarding of earn leave and in salary no advantage as well as no experience and increment of my 4yr service.
i have to serve as probation period also for two years after my joining which i think should not be asked because i already worked there and served for probation period.
kindly give advice regarding this as i want to know that m i eligible for pay protection n wanna
know rules for pay protection also.