Raj
03 September 2015 at 14:00
Sir,
My brother has filed the Tax Evasion Petition against FIL on 2012 and then filed the RTI in May 2013 ...The DIT refused to give reply..Then he filed the first appeal which was rejected in july 2013 and therafter he filed the second appeal and waited for nearly 1 year
Received no reply from CIC, he filed the Write Petition before the High court and was admiutted and issued notices to the respondents ..The respondent ahs fileed the reply and is now pending for diaposal for next week...
sudddenly my brother received the notice of CIC and hearing will be scheduled for last week of septemeber
In such circumstances what approach is best before the High Court?
Whether he should furnish the recent update of hearing of CIC ?(HE HAS MENTIONED IN THE PETITION THAT HE FILED THE SECOND APPEAL)
or allow the High court to dipose the petition on merits??
Please guide us
BHARTI KOTHARI
03 September 2015 at 08:06
hELLO ALL EXPERT
IN MY CASE the sole plaintiff has expired and bringing the legal heir in the suit the application was made before small causes court however the same was rejected as the same was made after 5 years. Now weather i have to file appeal against the order otr revvision and even for the same also almost the 1 year has passed. Kidly adviced.
Thanking you.
SABIR AHMED
02 September 2015 at 22:52
Dear Expert,
One of my tenants passed away about 14years back. The rent bill is now in his wife's name. Since 3 to 4 months some of her relatives are staying with her. Can they legally dwell in the flat? What are the guidelines to prove sub tenancy?
Regards,
Sabir
praveen
02 September 2015 at 22:09
Suit is filed against govt. with an application under Sec. 80(2) of CPC for exemption of prior notice. After filing suit (now it is posted for evidence), the court insisting to issue lawyer notice to the defendants. How much correct? Plz support some citations.
Rastogi
02 September 2015 at 21:57
Out of 3 brothers only 2 brothers have signed for Unregistered partition deed which also specify the share of the brother who has not signed the property.
The deed is also signed by other 2 witness.
Can we use this unregistered document in civil court for proving the parition
Badruddin khan
02 September 2015 at 18:48
Can adopted son claim to obtain ancestral property from his original father i.e. jank pita. Plz give any citation regarding this matter.
debabrata das
02 September 2015 at 17:37
What rule should be followd at the time of drafting land sale.mortgage agreement.house rent agreement
Prem Bhati
02 September 2015 at 15:49
This is regarding section 24(2) of new Land Act 2013 which is applicable from 1st Jan 14. The Sec 24 talks about return of land or coverage under new act for all cases where award was passed 5 years "before the commencement of this act" in case landowners not paid compensation or physical possession was not taken. Accordingly, all cases where land was acquired under LA Act 1894 and award was passed on or before 1.1.2009, compensation not paid or physical possession not taken, shall fall under new and land acquisition proceedings shall be considered "lapsed".
On other side, the new law is applicable from 1.1.2014. Principally, legally, technically all those cases which comply with above 2 conditions (no compensation or no physical possession) before 1.1.2009 and after 1.1.2014 will automatically fall under new law. But how about cases between 1.1.2009 to 1.1.2014 if they too meet similar conditions where award under section 11 of LA Act 1894 subsequently completing 5 years, 6 years, 7 years+ and no compensation paid or physical possession not taken, the act has no coverage.
Say, an award under LA Act 1894 was made on Nov 2009 and it completed 5 years or 6 years+ in Nov 2014 or Nov 2015 without compensation or possession, this act is silent on this period completely. The section 24 has been worded as “five years before the commencement of the act” whereas it should have been “five years before the commencement of the act and cases subsequently completing 5 years & above”. Required provisions need to be added in the act. It is depriving farmers whose award were made between 2009 to 2014 and despite meeting 2 very conditions of the act, it will have no coverage even if award completes 6 years, 7 years, or even 10 years... It seems quite impractical and legally unfair that even if 10 years passing for cases between 2009 to 2014 will not fall under new law / Sec 24 of the land act 2013. I request your valued opinion about it. Thanks Prem Bhati 8800452225
gopal
02 September 2015 at 11:12
Respected sirs,
My father and his only one younger brother were made partition on 1989 with unregistred partition deed.
after some time later my father younger brother is interfering the our share of properties.
so my father filed a civil suit in district munsif court and ask permenant injunction against his younger brother.
The district munsiff court awarded the permenant injunction that the younger brother and men were restrained by means of permenant injunction in possession and enjoyment of my father share of properties
the younger brother filed appeal in Sub-court there his appeal dismissed.
Now he has filed in High Court for Second appeal . the second appeal is pending.
In this stage, is it necessary to file counter affidavit in favour of our side.
Our Advocate told when the Second appeal copmming for trial then we can oraly argue in the court no need to file the counter.
but i like to file counter affidavit in favour of us. because we have some supportive judgments and points are there.
so kindly guide me which one is good .
1) filing counter affidavit is good for us ?
2) is it possible to file counter affidavit when the case is pending or other wise we have to submit only on the time of trial?
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Execution of consumer court order
Sir,
I need a suggestion. I have won my case against builder in District consumer forum for deficiency of service. The court has ordered the opposite party to pay 2 lakhs and 10000 towards costs.
As I have withheld 9 lakhs payment to the builder I have cut the 2 lakhs from 9 lakhs and paid 7 lakhs. As he is not accepting the payment, I have credited the cheque in builder account. Now he is not giving the keys of the flat and not handing over the possession. He did not approach the state consumer forum for stay as well. What should I do now?
Thanks to all the experts who have supported and helped me during the initial stages of my case. Now I need your support during this last stage as well. Expecting a positive reply.
Thank you.