Anonymous
03 May 2015 at 17:06
Dear expert
How many time will for special civil suit
Dr G V Rao
03 May 2015 at 11:20
Sirs, in one case I am facing the Plaintiff used abusive and harsh words like Criminal, Goonda elements, cheat etc etc in the Plaint, apart from false allegations about me. The Plaint was signed by the Plaintiff as well as the Advocate for the Plaintiff. I am very hurt by such words as they are false and defamatory in nature. Can I file a complaint with Police for a FIR or Bar Council seeking cancellation of enrollment of the advocate as he had signed without proper verification of the statements made by his client and countersigning such affidavits . If so, what are due sections of law which I need to approach for seeking remedy.
Mohammed Vaid
03 May 2015 at 10:17
Dear All,
Our area is completely covered with illegal extensions of hawkers. BMC is doing nothing. I have filed complaints twice at BMC site but no response is received. Out Corporator is least bothered about the area and never visits.
Please advice what can I do so that this nuisance is eradicated permanently.
N.Gopalakrishnan
03 May 2015 at 01:55
R/Experts
What is the procedure to arrest anybody under P C R Act?
Kindly inform
rajan chopra
02 May 2015 at 23:04
Sir one of my friend had borrowed rs forty thousand from me with assurance that he will return it in a short span.He instead of returning the money in cash had issued two cheques of twenty thousand each of seperate dates.The first cheque got encashed on counter as it was not crossed.I presented the second cheque for encashment in my bank as I wanted the amount to be deposited in my account on the due date.But to my utter surprise the cheque returned umpaid fot want of funds.I intimated my friend about it but he did not respond positively.i initiated proceedings under ni act against him.My friend in order to pressurise me and get rid of criminal complaint filed against him by me has filed a suit of recovery against me on the basis of payment of rs twenty thousand made through cheque to me claiming that he lent that amount to me but in fact he made this payment by cheque to clear his liability towards me.Now he is trying to bargain with me by saying that he will withdraw the suit if I also withdraw.In this situation is there any solution to save my interest and get out all of these?
PANKAJ TIWARI
02 May 2015 at 22:25
My father executed a will in my favour before 10 years and it was registered with sub registrar. The will stated that I will be the owner of one house, and his other movable and immovable assets.
Later on this year again he executed a will stating that the house will be equally distributed between me and my brother but there is no provision of distribution of other movable and immovable assets which he stated in his previous will and even it is not registered.
Besides his house, He had left one piece of land and some money in his saving account which is without nomination.
My question is that
1. Can I apply for probate because the new will is concerned with the house only and it has no provision of other assets whereas the old will is having the provision of house as well as other assets.
2.If yes then where to apply for probate. In district court orrajasthan high court.?
Venkata Krish
02 May 2015 at 16:48
Dear Sir/Madam,
My case is pending in district consumer forum against a builder. The builder counsel has submitted an IA questiong the jurisdiction of the district forum. I have submitted a counter and made all valid oral arguments in the hearing but did not those points in the counter filed. By mistake the district forum judge has mentioned in the order that we have submitted detailed counter instead of saying that we have mentioned in the oral arguments. Now the opposite party counsel submitted a revision petition saying that we have not added the reasons in the counter and court has come to a conclusion on its own. Hence impunged order to be set aside. Can i submit a detailed counter to the revision petition in the state forum with all the points that we have mentioned in the oral arguments and attach the proofs required. Do i need to submit the counter before the date of listing or can i submit it on the date of listing of the revision petition. Is there is any time limit for submitting the counter.
Thank you.
aananth
02 May 2015 at 16:33
Hi Experts
During the pendente lite of a civil suite, is it allowed to go for revision in the High Court, not matters mentioned in the w/s with the suite
Sanjeet Kumar
02 May 2015 at 16:15
Brief Facts of the Case:
i) M/s Company X is a Public Sector Unit with Nine Production Units. In addition, Company X has established two Laboratories Y for R&D purpose. The executives of Y constitutes a Separate Cadre and are governed by separate Service Rules. In Short, the Service Rules for executives of X and executives of Y are substantially different. In fact, the service benefits of executives of Y are much superior to the service benefits of executives of X.
ii) In October 2010, I was appointed as Member (Research Staff) and was posted to Y. Subsequently, in January 2014, I was transferred from the post of Member (Research Staff), Pay Scale 16,400 – 50,500, in Y to the post of Deputy Engineer, Pay Scale 16,400 – 40,500, in Production Unit of X. In this way my Cadre and Service Rules was changed by means of Transfer. I was transferred and relieved within a day without any exigency. Since I was relieved within a day, in the interest of discipline I had complied with the transfer order and joined duty as a Deputy Engineer.
iii) Having my service condition altered substantially, I challenged the validity of Transfer Order through a Writ Petition before the Hon’ble High Court in May 2014. In October 2014, Hon’ble Court had issued Rule/admitted WP.
iv) Subsequently, I moved Interlocutory Application for Interim Order of Stay of the transfer order. In that IA, I had prayed for grant of interim order of stay of the transfer order and permission to rejoin duty as a Member (Research Staff) in Y. This was what the final relief sought.
v) In December 2014, Hon’ble Court was pleased to allow the IA and had granted the interim order of Stay of the transfer order with observation that “the transfer order is illegal, ex-facie and thus calls for interference”. That means, the Hon’ble Court had granted the interim relief which tantamount to the final relief.
vi) Subsequently, I sent four representations to the CMD and requested to comply with the Interim Order. The Company has not responded for any of my representations.
vii) Having no other option, I filed Contempt Petition (Civil) in March 2015. Hon’ble Court has ordered notice.
viii) After filing the Contempt Petition, I came to know that on in January 2015, the company filed the Writ Appeal and has also moved IA for Stay of Interim Oder. But Company has never requested for hearing of IA and so the Appeal has not been posted for hearing even once. That means, company has not taken Stay of Interim Order.
Queries:
1) As mentioned above, I was transferred and relieved within a day, so I had complied with the transfer order in the interest of discipline. Having complied with the transfer order and then filed WP and got interim order of Stay of transfer order, what is the legal validity and effect of Interim Order of Stay of transfer order?
2) In my IA for Stay, I had only prayer that Interim Order of Stay of transfer order to be granted and I shall be permitted to join duty as Member (Research Staff) in Y. The Hon’ble Court has fully allowed the IA and ordered the Interim Order of Stay of Transfer Order but has not specifically mentioned that I shall be permitted to join duty as Member (Research Staff) in Y. Since the IA has been fully allowed, does the Interim Order mean that I shall be permitted to join duty as Member (Research Staff) in Y?
3) Since the company has filed Appeal but has not taken Stay of the Interim Order, what is the legal validity and effect of the Contempt Petition?
4) The Company has filed the Appeal but has not requested for hearing even once. The company has not communicated the same to me even after submitting four requests to comply with the Interim order. That means the company has been simply waiting for the contempt petition to be moved. In this background, what is the propriety or legal validity of the Appeal?
Kindly reply to all of the queries pointwise. I also request you to kindly provide the reference of Supreme Court decisions or any other established law in support of your answer. I will be thankful to you.
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Need suggestion
Dear Sir,
I am a defendant.Plaintiff filed under section 26 CPC prayed the court to pass a decree for a permanent injunction restraining me from interfering into the possession.
The order of the court was..No representation from both sides on conditional order & matter coming for trial from 2006 and plaintiff is not adducing their evidence.Hence suit is dismissed for default.
Please confirm the following..
1)Nine Years passed but no application from Plaintiff for restoration of suit. Is time barred for the Plaintiff to file a restoration suit ??What is the limitation period for filing an application for restoration? Can they file now for restoration?
2) Can i treat this Dismissed for default as a a favor judgement for me??What should i do to get a legal right? How to close all his options??
3) What should i do for Plaintiff to not to interfere in my property??
4) Can i lodge an FIR if he is disturbing me..
Please suggest.