B.K.Hedaoo
09 February 2015 at 07:42
There are hundreds of certificates. As per sec. 79 of Indian Evidence Act a certificate issued by a competent authority after following due procedure is to be treated to be genuine even by the courts.
Is it not violation of Art. 261?
However, most of the certificates are false or spurious. My questions are,
(1) Can there be a statute for verification of each and every certificate?
(2) If yes, which aspects of the certificate should be verified?
By whom it should be verified?
Can there be a committee to verify the certificates?
The decisions of the courts are also a sort of certificates.
A certificate issued by the High court under Art. 133 and 134 has the implied meaning that the high court is fully aware that a decision passed by itself is erroneous. Then why the High Court should pass that decision?
Is it not taxing the litigants?
tagoretiwari
09 February 2015 at 04:41
Hello experts
One fellow was filed a case against me
with the help of forged signature and non existent agreemnt of sale. the plaintiff evidence is not forthcoming and the court is adjourning from time to time. on an observation of e court dist. portal, i observe that it is showing memo filed and amount paid. i intend to know what remedy is available to me to get the case dismissed. i know very well he do not have any evidence. he approached with unclean hands to take money from me. i am working as a senior banker and i could not meet my adv. frequently. taking advange ofl the situation, the case has been adjourned from time to time. my lawyer is senior advocate, i am not in a position to bring external pressure on him. at this junctture, i dediced once again to request him to move an appplication to the court for closure of plaintiff evidence. is there any other method is there. under what civil procedure rules permit the court to postopone the case from time to time i.e. every 15 days. is it inherent powers of the court or the inefficiency of my advocate. how can i act under this cirrcumstances. is there any provision to file an application to the court before hearing date by me or i will request the advocate once again. what is the code of conduct applicable to lawyers. whether i can go for writ of mandamus if any fault lies with judge.
pl provide me a valuable solution for this problem. i wanted to dispose the land to somebody, who is ready to take by paying substantial amount as advance. his unwanted suit is comning in the way of my discharrgingower ship rights.
pl clarify sir
hemanth
09 February 2015 at 00:13
Sir I had ansale deed agreement to sale my site telling that if feel is not done in 3 months the rate fixed at time will alter to market rate .now it's already 3 months after 3 month expiry date m asking for market price buyer is threading to go to court what shd I do legally
Vicky Baghnani
08 February 2015 at 20:06
Hello Experts,
The next hearing date for my child custody battle is 23rd Feb 2015. My wife is to file a counter for my initial petition on this date. My advocate and I are not available on this date. So, if I file an early hearing request and the honourable judge accepts it but the other Party doesn't turn up, will the hearing date on 23rd Feb 2015 be still active or would I receive a new date?
Thanks.
ivaan
08 February 2015 at 13:43
i am a resident of india for the past 20 years. My son and daughter got migrated to Canada. I was residing in a rented flat alone ever since my children went to Canada.
I booked a flat with a builder in 1998 for 58 lakhs. The builder had promised to handover the possession of the flat in 2000 as per the brochure and an agreement for sale was accordingly entered between myself and the builder. I had mobilised the funds by way of Bank Loan and financial assistance from my son apart from my own funds.
However the construction got delayed as the builder could not obtain necessary permission from various authorities.
I went to Canada in 2000 to visit my son and continued to live with him though I used to visit India twice a year. I did not acquire a Canadian citizenship. In 2002 I filed a complaint before the Consumer Disputes Redressal Commission claiming compensation of Rs.1.50 crore which included the cost of the flat considering the price escalation, loss on account of possible rental income if the flat was completed in time and compensation of mental agony and hardship.
The Consumer commission dismissed the case holding that I was not a consumer and the transaction was commercial in nature. The judgement was upheld in the National Consumer dispute redressal commission also. Aggrieved by the judgement, I have approached the Hon'ble Supreme Court.
My concerns are as under:
1. Whether my application is maintainable in Hon'ble Supreme court?
2. Whether I am a consumer?
3. Whether the transaction was commercial?
I would request you to refer me the relevant sections and the case laws on my each questions to let me upheld my case with strong hands.
I would also request you to let me know how would the opposite party (defendent) would defend his case on the above questions and the supporting sections and case laws relevant to them so that I can prepare for them too.
Requesting you to help me.
Yours faithfully.
Ivaan Shah
CA JAGDISH RAJPOPAT
08 February 2015 at 12:39
Can we construct apartment now on plot acquire by contribution of us in registered NTC in year 1998 and distribute the flat so constructed between us ?
as we member have contributed both land and construction cost?
What document to be executed between member and NTC?
Mayank
08 February 2015 at 12:14
I had booked a flat in bhiwadi (3bhk) in 2006 but the builder never constructed the flats.Instead he is selling me 2BHK at a higher price which i am not agreeing to .
I want to file a case in criminal and civil court as the agreement says he shall provide interest @12% if he does not provide flat within 3 years.
Now, a lot of people have filed a case against him and most of them have won. But i would like to know that can the developer misuse any of the law and take a hold on paying the interest/principal.
Also, First i should send him a legal notice or file an FIR with EOW police?
CA JAGDISH RAJPOPAT
08 February 2015 at 12:14
I have home which construct in 1995. At that Builder Register One NTC under Bombay Non trading Act 1959. Builder Constructed some illegal construction which still unsold at current. He also not pay some legal dues also. My first query is that after abolish this law what the status of this NTC Second can we start to operate this NTC if builder not handover to us. The Property situated & Register NTC is in Ahmedabad Gujarat. Please reply me
sankar Krishnamoorthy
07 February 2015 at 11:20
I AM HAVING RELIANCE NETCONNECT CARD WITH ME.SINCE IT IS NOT CONNECTING, I HAVE REGISTERED A COMPLAINT ON 25 TH OF LAST MONTH.TILL DATE , IT IS NOT RECTIFIED.SENT MORETHAN 200 MAILS TO VARIOUS OFFICERS OF RELIANCE COM AND ALSO 100 MAILS TO SHRI.ANIL AMBANIJI, IN THIS REGARD.
ACTUALLY , I AM USING IT FOR SHARE TRADING, IN DAY TIME AND MY SON , WHO IS STUDYING PLUS 2, USING IT FOR ONLINE TUTORIAL.BUT FORTHEPAST 14 DAYS, WE R NOT ABLE TO DO OUR WORK.
DAILY I USED TO GET MAILS FROM THE COMPANY SAYING THAT, MY PROBLEM WILL BE RECTIFIED ,
WITHIN 2 DAYS.BUT NO USE.SO FAR I HAVE MADE 150 CALLS TO THEIR CUSTOMER CARE.
MY BUSINESS AND MY SONS EDUV
CATION SPOILED.
NOW I WANT TO SUE THEM, FOT MENTAL AND PHYSICAL AGONY AND COMPENSATION.
PLEASE HELP ME.
THANKING ALL OF YOU SIRD.
REGARDS,
SANKAR.
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Rti act jammu and kashmir
Dear Experts,
In west Bengal, a student of university or college can ask for his evaluated answer sheets under RTI act. I want to know if it is same in the whole counrty also. Especially I want to know the situation of JK. If there is any verdict of court or Commission, any history of such case, any success story.
Searching internet, I could not find satisfactory result about JK but several other SIC and CIC plus court judgments are in favour of the students/applicants. Here is a link of some success stories I found http://www.moneylife.in/article/results-season-thanks-to-rti-students-can-now-access-their-answer-sheets/16714.html
But JK is a special state, so I am asking whether the rules are the same there.
Thanks.