G D Srinivas
12 January 2015 at 00:44
when lower court Judge omits supreme court precedent and passes contrary order what is the remedy ?
Jamadar
12 January 2015 at 00:43
Dear Sir,
I live in a Co op society building in Panvel,Raigad,Maharashtra. The secretary of the society takes decision on his own inspite on opposition of flat owners. He does not discusses quotations nor takes monthly meetings and imposes fines and development charges on all. Many pay out of fear which has boosted his confidence. He has even constructed a permanent shed on Building Terrace without Municipal permission and has locked the access to terrace.
1. Can he build a permanent shed without municipal permission, if yes can he lock access to other members?
2. Can he start repair work for lift without discussing quotations with flat owners.
3. Can he deny signing and giving back receive copies.
4. He has kept position of Treasurer and Secretary to himself and does not Co-operate, what can be done?
kishor
11 January 2015 at 20:35
Hello Expert,
My relative, a retired person, owns a flat in mumbai suburb. Flat is given on rent & the rental income is his source of income.
There are 4 buildings in the association.
The recently elected president has taken up
staircase renovation work (replacing simple stairs with marble tiles)
& upon the completion of the work
is asking the retired person to pay up Rs 15000.
Flat owner was never informed about the
proposed renovation work & amount to be paid until the completion of the work.
Further, such renovation work is not carried on by the association. It is done only in the building where president stays.
Being unable to pay, my relative is warned
that Rs15000 would be collected with interest.
Monthly society charges are being paid regularly
by the flat owner.
My question:
Before starting the renovation
work, the same & amount payable were never
told to the flat owner,so
1)Can the president file a case in police station to recover the amount?
2)Can a case be filed by the president in the court?
3) Housing association has not issued any copy of bye laws until so far.President proposed to make a clause where by Rs 15000 shall be recovered with interest at a later date. Is this valid?
(There are 20 flats in the building. Five members are unable to pay.)
Kindly reply.
thanks.
SSng Aulakh
11 January 2015 at 19:34
Hon'ble Court while admitting Documents submitted by Plaintiff and Defendants, some of the documents are marked as "subject to prove"
i. At what stage of the Suit proceedings, the Plaintiff and Defendants Prove their respective document ?
ii. What method or procedure should be used to prove their respective documents ?
Mustafa Bhat
11 January 2015 at 19:34
Sir,
I am a Muslim married to a Muslim lady in 2007, they lady right from the very first day of marriage was arrogant & used to abuse my parents, I beared all this with the hope that the lady will change, Out of wedlock two babies are born one is dead & other is alive, As the lady didnot changed her attitude & even didnot return to her matrimonial house after the birth of 2nd baby who is alive. then in December 2009 I posted Talqnama (Divorce)& conveyed her about the divorce, she refused to accept the registered post letter which was containing Talaqnama.Then in September 2010 I married with other lady.Immediately after that the first lady filled RCR, In reply to her RCR in court I submitted that the lady is already divorced & submitted the divorce deed also,the case was later dismissed by court on the ground that the counsel of plaintiff is not pressing for it.She also filled maintenances petition for baby as she herself is govt employ which I accepted to pay. She filled FIR for 498A & 406 also which is under trial in court. She filled complain in my office also for bigamous marriage,were in two enquirers were conducted, which my department call Primary enquiry,were in the enquire office has written that the employ has divorced his first & contracted 2nd marriage without seeking permission.Then the Administrative department forwarded my case to law department for legal opinion, the law department suggested that the employ be asked to produce some order from court or some judgement from court which will show that the divorce of employ is legal & has contracted his second after the divorce.
So on these point another enquiry has been ordered against me were in my head of department has been kept as enquiry officer.
Now, my submission is
1) were from I will get the court direction as I have not given divorce through court.
2) The lady has again filled an appeal in RCR, the lady has till date not challenged the divorce.
Please advise how I will get out of this trouble.
What steps I need to take.
S. Fernandes
11 January 2015 at 19:15
Respected Advocates,
I am a lay person, representing myself in execution proceedings in Goa.
In these proceedings I have attached property of the JDs.
The attachment was carried out by beating of drums, pasting the warrant under O-21 rule-54 on the gate of the property, the court house, the collector's office, village panchayat, and the sub-registrar's office.
A) I do not know if publication is required, as the cpc does not say so. It only says proclamation by beating of drums or other customary method. However as a matter of abundant precaution, I made an application to the court to have a public notice published in the news paper in respect of the attachment. However court denied the pray, but the judge wrote on the application that public notice may be given by DH privately.
Hence yesterday I got the notice published through a lawyer who is not on record in this matter, as I felt that a lawyer's notice would taken more seriously.
On second thought however I am wondering if a publication put by a lawyer not on record may be invalid???
1) Kindly advise if a publication is required.
2) If in the present instance the publication by a lawyer not on record will be invalid.
Thank you for your assistance.
Dr J C Vashista
11 January 2015 at 18:40
The petitoner filed a case u/s 9 of the HMA 1955 before CJ (SD)and the respondent (wife)moved to High Court u/s 24 CPC for transfer in her place of residence. High Court did not grant stay till date. Meanwhile CJ asked the respondent to file reply which was filed on very first next date along with an application u/s 24 HMA and a counter affidavit stating the respondent is ready and willing to join.
For the last 3 dates adjounments have been granted on filmsy grounds. On 4th date when the counsel for respondent objected to next adjournment a cost of Rs. 200/-(two hundred)was imposed but the CJ refused to mention last opportunity granted on the pretext to show the law and/or ruling on the subject.
In order to support the contention of respondent to disallow further adjournments does the citations of:
AIR 1974 DEL 184; 1953 AIR 23; 1973 AIR 2684 AND/OR (2000)PLR 126 609 support the contention of respondent i.e., decline further adjournments?
Or the petitioner can drag the case as per his whims and fancies?
Member (Account Deleted)
11 January 2015 at 17:29
Respected Sir/Madam,
I have a civil case (road issues in patta land) going with my cousin and me in Principal District Court since April 2013. Now next hearing is written (online) as Further Evidence of Defendant. 1). May I know still how many steps will go for judgment? 2). How long it will to take remaining steps come to end? Please provide your valuable suggestion.
Thank king you Sir,
Yours faithfully,
Marimuthu
mohit
11 January 2015 at 15:24
Respected sir/madam,
I am a student ,my passport expired 6 years ago and it was issu when i was 2 years of age.I had a different date of birth in my school as i was born in the month of JUNE 98 and now i have passed my class 10.My board certificate has dob 28 mar 98.Now i want to reissue my passport with the dob of my board certificate.Some of agents have told to file a civil suit in this case which will take time and some have told that u only need the dob certificate for which you want to reissue your passport.I do have both the birth certificates.Now im quite unsurd what to do,do i file a case or just go to the passport office with my birth certificate of the dob which is in my board certificate.i have to get my passportas soon as possible as my SISTERS marraige is next month.Plz guide me what to do and if i file a civil suit regarding this matter how much time it would take.May god bless and fill your life with abundant happiness to help me,and plz if any lawyer coluld help me in this case.Im from AGRA.
Yours thankfully,
Mohit.
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Order 39 rule 3 a of cpc
when A Court issue Ex-Parte Injunction , plaintiff Counsel failed to Comply Order 39 rule 3 a . When we bought it to the Notice of the Court with WS and Objection, Court still extend TI. When We protested with Memo for Extension of TI ,Judge notes in order sheet as Follows :" 3rd Defendant file Objection for Extending TI for not complying Order 39 Rule 3 a and 3rd defendant has no-objection to extend The TI" and TI was extended till further orders.
what is the remedy