naresh chamarthy
17 April 2015 at 00:34
respected sir.iam naresh from hyderabad.i purchased a indipendent house from bank.i paid all total money .they issues sale certificate also.but the defaulter apporched drt.drt given docket order.please advice me.how safe i'm.
docket order dt 08-01-2015.
This application is filed in -------------
for stay of all futher proceedings including the delivery of the physical possession of the sehedur property/confirmation of the e-action cum sale notice on the ground that the applicant thought obtained interim order in failed to comply the order as he could not mobilize the required amount to deposit as per the conditional order and as such the respondent bank proceededfuther andd issued the action sale notice and conducted the action of the sehedule property but without following the due process of law and as such the respondent bank canot proceed futher and hence for the grant of stay order.
but the respondent bank opposed the petition srongly by submiting throught their advocate while requesting time for filling of detail counter having filed of the material documents and contended that,it is the third round of litigation of the applicant and has no respect to the court of law and used to file number o appication for the grant of stay and later failed to comply with the conditional imposed at the time of granting the stay order since the purpose ever and similarly failed the present S.A
along with I.A seeking for the interim order.
admited the S.A filed by the applicant challenging the earlier sale notice was dismissed by the holding with the respondent bank has not commited any irregulatiesand since followed the procedure as mandated by rule 8(1)(2) and(6) of security act rules. in the said S.A the applicant obtained interim orders but on condition to deposit cretain amount.but the applicant fails to comply the same said interim orders and ultimately the said S.A was dissmissed on merlts.the applicant who failed to comply the same said orders,also filed W.Ps. before High court of judicature at Hyderabad and ultimately withdrawn the W.Ps. WHEN the respondent bank proceeded further by lssuing the E-auction sale notice dated:16.02.2015 fixing the auction of the schedule property dated:23.03.2015 and conducted the auction of the schedule property dated 23.03.2015 again the applicant filed the present S.A challenging the same said proceedings and wanted to take interim orders for the stay of futher proceedings in pursuance to the auction conducted on 23.03.2015 against the schedule property by questioning the procedure adopted by the respondent bank since not issued notice of 30 days for sale as required under rule 8 (6).but already the respondent bank issued the notice as under rule 8 (6) and was already challenged by the applicant by filling the and the said S.A was dismissed by upholding the procedure adopted by the respondent bank as correct and not found any deviations the respondent bank issued a fresh E-auction sale notice in pursuance tothe same said notice issued under rule 8 (6) and therefore it shall be deemed that the respondent bank rightly followed the procedure and there is no necessity to issue any fresh notic under rule 8 (6) in view of orders in S.A 605 of 2013. the respondent bank prima facie followed procedure as mandated by rule 8 (6) and 9 (1) and in such circumstances the respondent bank since already conducted auction of the schedule property it is also not prudent and safe to safe to stall the further proceedings including the confirmation of sale and issuing of sale certificate and if at all there are any lapses inadopting the procedure in issuing the sale certificate the same may be challenged in the main S.A and it subject to the result of the S.A therefore there is no necessity to grant any inerim stay of further proceedings to be initiated by the respondent bank in pursuance to the E-auction notice dated:16.02.2015 including the conducting of auction of the schedule property for counter and hearing call no 22.04.2015.
in case applicant ready to to pay total out standing amount at 22/04/2015.that about my sale certificate.bank is ready to do registation subject to S.A pending.
anilkumar
15 April 2015 at 22:07
I had filed rti to tehsildar to know the status of property case filed by my mother in tehsil but tehsildar has replied that as per rti rules no information can be provided for pending cases and you can inspect and take copies from tehsil only after paying fees.also there is no stamp of tehsildar on the answer sheet and in the end instead of writing that if you are not satisfied with answer then file appeal with deputy commissioner, he has mentioned that contact me for further information or clarification.
my mother has filed case in 2014 for partition of ancestral property which her brother alongwith our lawyer and tehsil people is delaying. So I want to know can I not get the till date proceedings by post after paying required fee and is it rti law that such information can not be provided to applicant till the case is decided.
also want to know was it mandatory for tehsildar to mention details of first appealate authority alongwith tehsil stamp.
Chitresh Sharma
10 April 2015 at 18:18
I am working on a matter where an Indian citizen acquired citizenship of Canada.
Now when he came back to meet his relatives, he has been refused to enter India due to some misconception of him being involved in some anti social activities by the Ministry of External Affairs. A writ petition was filled on the issue and On reply from ministry they have just stated that he is involved in adverse activities and secondly writ petition is not maintainable by a foreign national. Petitioner is not involved in any criminal activity in India or in Canada as per the records form Canadian and Punjab Government.
Kindly help me out with the issues.
A. Maintainability of a Writ Petition regarding a foreign national. ( Please support your point with any Supreme Court Judgment ) as it would be really helpful for me.
B. They have mentioned him being involved in adverse activities but have not mentioned exactly what they really mean by that. So how should I go ahead with that, should I file a R.T.I asking the same?
mohsinvehdani
10 April 2015 at 03:47
My son has been falsely implicated in a criminal case and the trial court is reluctant for the last two months to hear his application for acquittal before trial concludes. I have filed a constitutional petition for issuance to direction to the trial court. High Court says that the petition should be filed by my son (accused) or by his counsel as I have no locus standi. I need some precedents whether a father of (unmarried and dependent) accused or a family member can approach the court for a writ?
deepika
05 April 2015 at 12:36
please help me out of this moot problem:
panchamuki river starts in kerala, flows through it for 160kms and crosses tamilnadu, runs through it for 285kms and empties into the bay of bengal. the state of kerala decided to build a large dam across the river at irungnalakuda. the project has already started and is awaiting clearance from central water commisssion, ministry of environment and forest and ministry of welfare. tribal people of five villages living on the banks of the river in the state of tamilnadu, fearing the consequences, formed an agitation committee under the "tribal protest forum" and filed a case against the state of kerala in the Supreme court challenging the dam project on the following grounds.
1. the dam project will cause ecological imbalance and violates their right to environment.
2. their livelihood is affected.
3. they will be displaced since the dam project will submerge their villages.
4. their place of worship will be destroyed and hence the project is violative of their religious right.
5. kerala's action is violative of the Forest Rights Act.
I HAVE TO APPEAR FOR THE RESPONDENT- THE STATE OF KERALA.
I HAVE MANY DOUBTS WITH THIS PROBLEM:
1.WHETHER A STATE CAN BUILD A DAM WITHOUT THE PERMISSION OF THE CENTRAL GOVERNMENT?
2. IS THERE ANY CASE LAW TO BE CITED FOR THIS MOOT PROBLEM?
3.please frame issues for this problem for the respondent?
Mithun Sharma
04 April 2015 at 20:35
is this decision has retrospective effect for old cases.
JUDGEMENT is in Attachment File
Gourav Modi
28 March 2015 at 20:14
Can a donor of a political party claim refund under the Indian constitution?
tejaclinton
16 March 2015 at 16:05
i belong to bc-c dalit christian i have applied under general category for upsc exam 2 times if i convert to hinduism will court give me sc caste status am i eligible for sc reservation jobs if i apply for upsc exams as sc candidate aftter attempting for 2 times as general candidate my parents are sc hindus
laxmikanth
14 March 2015 at 21:54
Sir,
The residential apartment which is badly suffering with lack of ground water and purchasing tankers throughout the year continuously. however, some nearby individual houses are providing municipal water connections. The flat owners are paying municipal taxes, but the municipality is denying to provide water connections for each flat by saying they will provide only five connections to the apartment where 48 flats are constituted. Is it just and legal. The flat owners does have any right to get connections individually.
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Voter i card
Dear all,
I would like to know that if the voter card of the parents are in one city in west bengal,india then whether it is necessary that their son should also get his voter card in that city?
Secondly can a son transfer his voter I-card to a different city without transferring his parents vater i card?Can he do if he is not employed?
How to change aadhar card address?
Thanking you.