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S. Fernandes   04 October 2015 at 20:47

injunction order under O-39

Dear Sir,
Please advise if an order past in Goa, under O-39 Rule 1& 2 is compulsory required to be registeted.

Thankyou

Rohit Ravlani   04 October 2015 at 16:39

Witness signature for re-entry in pharmacy registration

I did signature as witness for an unknown person he was applying for re-entry for registration as pharmacist,he was removed out because of no renewal fee paid on time(name has been removed under section 34(2)of pharmacy act 1948).

i seriously had no idea who the person is and i shouldn't sign it.i signed as a witness,i dont know the person at all.

UPDATE : i also had to enter my name, address, registration number, my date of renewal, renewal slip number. i didn't
gave all my details

i signed, named, addressed and gave my registration number but I didn't gave my slip number and my renewal date .

will i be in trouble?? or will it considered valid cuz i havent gave them all my details ,the form was incomplete???

urgent,am seriously regretting it

AMITS   04 October 2015 at 16:18

Kindly provide your valuable inputs!

RESPECTED EXPERTS, I HAVE A QUERY...! MY MOTHER HAS CLAIMED HER SHARE FROM HER BROTHERS IN ANCESTRAL PROPERTY (4 BOROTHERS 4 SISTERS)MY MOTHER IS 5 TH SISTER REST OF THE SISTERS HAVE RELINQUISHED THEIR RESPECTIVE SHARE IN FAVOUR OF 4 BROTHERS,INITIALLY WE CLAIMED FOR 1\9 SHARE BUT I HAVE BEEN TOLD THAT SINCE THE DEED OF RELINQUISHMENT OF RIGHTS BY THE SISTERS HAS BEEN MADE ONLY AFTER MY SUIT FOR (1/9 SHARE )CLAIM SO PROBABLY NOW I COULD CLAIM FOR 1/5 SHARE INSTED OF 1/9 SHARE, IS THERE ANY LAW REGARDING THIS OR ANY LANDMARK DECISION,KINDLY THROW SOME LIGHT OVER THIS.

REGARDS

Tripathi   04 October 2015 at 15:38

Filing of fir in during civil proceedings

Dear Sirs,

My neighbor who is a retired Police Official made illegal construction DDA flat. We filed a Civil Suit and the same was put forward to Lok Adalat as settlement and the Court directed the Municipal Corporation of Delhi (MCD) to demolish the illegal construction. MCD has done only partial demolition of the illegal construction.

In the Lok Adalat, the retired police official has given a written statement that he will allow the demolition and will not indulge in any unlawful act which will invite contempt of court proceedings.

However, when the Civil proceedings were going on, using his influence as retired police officer, he has filed an FIR with the local police station under section 354 (c), 354 (d), 508 & 509 against my husband alleging harassment to his wife.

The FIR has been lodged around two months before the Lok Adalat Settlement. We came to know about the filing of the FIR only through our resident welfare association since he made another complaint of similar nature about my husband with the RWA. The association called for an explanation and we had shown all the court documents and proved that he his filing complaint since his illegal construction is getting demolished. The RWA refused to entertain his complaint.

The strategy of the retired police official is to pressurize us that we should accept the partial demolition - otherwise the FIR can be activated. The colony has ten security cameras and my husband is a law abiding citizen and never indulge in any illegal or criminal acts.

The police did not visit us till date (more than two months) but the FIR is still exists. When we checked informally with the Police, they claim that there is no evidence against my husband and hence they did not visit us at all. But the FIR is not closed yet.

Now the question is :

1. When the proceedings were going on in the Civil Court, is it necessary for the defendent (retired police official) to convey the lodging of the FIR against my husband (Plaintiff)? He was hiding this info.

2.Filing of such false FIR when the proceedings are going on in a Civil court,will it not amount to Contempt of Court?

3. Can I file a contempt of court proceedings with the Civil Court which delivered the judgement through Lok Adalat against him?

4. Since he has given a written statement that he will not indulge in any unlawful act, whether the filing of false FIR can be treated as unlawful act to prevent the full demolition process?

5. Can the contempt of court petition be filed with the same Civil Court that has delivered the judgement or it has be filed only at High Court?

6. Since no evidence is available with the police, how the FIR can be closed?

7. Can I file a Criminal defemation against the retired police official since he has filed a false FIR and also ask for suitable compensation for tarnishing the image of my husband?

Apologize for the inconvenience caused.

Mrs.Gupta

dev kapoor   04 October 2015 at 13:39

Tenant

Hi,
This is regarding a tenant's woes.Rather is a tenant in a small shop. Since 2000 paying agreed rent of Rs.700/per month.He came to me telling that landlord assured of repairs in the shop's roof etc and got a deed written from his agreeing to pay Rs.1200 per month.He paid renewed rent @Rs.1200 for 3 moths but LL did not effect repairs and threatened of eviction if Rather made fuss.
On my advice he has stopped paying rent and filed a petition before Rent Controller for settling proper rent.Rather has produced receipts of rent received by LL @ Rs.500-700 from his other tenants in same locality.
Now LL has sent a legal notice demanding rent @ Rs.1200/- per month.
1. If I send him at previous rate i.e. Rs.700/ per month,he will refuse;
2.If Rather deposits with RC at previous rate,this amounts to non-payment of rent giving a ground of 'default' for a suit for ejectment.......
Experts Plz advise.This is not ACADEMIC but a real case.

RAJ KUMAR   03 October 2015 at 22:45

Pensionery benefits to family

DEAR SIR

A PERSON EXPIRED ON NOVEMBER,2013 WHILE IN SERVICE. THERE WAS A CASE PENDING SINCE 1992 REGARDING REDUCTION OF PAY SCALE- STAYED. ITS JUDGEMENT ANNOUNCED ON FEB. 2014 AFTER THE DEATH AND IT WENT IN REDUCTION OF THE STAYED PAY SCALE. DEPARTMENT REVISED THE PAY SCALE OF ALL THE APPLICANTS. WHAT WILL BE THE EFFECT OF HIS PENSION TO FAMILY, REDUCED TERMINAL BENEFITS OR ON THE BASIS OF STAYED PAY-SCALE?

Daljit Singh Mann   03 October 2015 at 22:00

Jurisdiction of civil court

Respected Advocates,
BSNL installed a telephone connection in a Government School in the year 2009 with broad-band internet (plan Rs. 250/- per month with 1.5 GB limited data). Up to 31st July 2011, BSNL had sent each bill amounted to Rs. 250 plus service charges and all the bills had been paid by the said school. It is amazing that bill for the month of August 2011 had been sent amounted to Rs. 11525/-. A detail of bill had also been sent with the bill in which Physical Address (Machine Address) of Computer was shown 00:23:54:64:2a:61 but the said school refused to pay the above stated amount and intimate the BSNL that data in huge quantity as shown in detail was not up loaded and downloaded by the school. It was also intimated that it may be possible that someone has misused the connection of the school because the Physical Address (Machine Address) of the computer of school is 00:24:21:2C:4F:CB. denying all averments of the school, BSNL filed a suit in a civil court for recovery of above mentioned amount Rs. 11525/-. Now, my query is-
1. whether civil court has jurisdiction to try this suit ?
2. Whether the Information Technology Act, 2000 is related to the matter in controversy ?
3. Please express your views in detail.
Thanks.

G Krishnamurthy   03 October 2015 at 21:01

Settlement deed

At what circumstances a settlement is necessary and has it to be registered and is it at par with a will?
G KRISHNAMURTHY, Chennai -61

G Krishnamurthy   03 October 2015 at 20:59

Settlement deed

At what circumstances a settlement is necessary and has it to be registered and is it at par with a will?
G KRISHNAMURTHY, Chennai -61

Dr. Shekhar   03 October 2015 at 20:28

Exemption from appearing

My ex parte evidences case is pending for more than 1 year now and at every date court says that no time.

I am a foreign citizen and needs to go overseas for indefinite period.

Under CPC or any other law can i file application for exemption until of my return from overseas for indefinite period so that the case is not dismissed for my not appearing.?