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Queries Participated

Silabhadra Sastry Advocate   20 July 2013 at 21:55

Court fees to be paid in a suit for declaration of communal right

Dear Friends,
In a contested case 04 persons being the Villagers, have filed a Suit as Plaintiffs in representative capacity u/s 91 C.P.C., before the Civil Judge Senior Division,Bhubaneswar,Odisha, praying for Declaration of Communal Right over 10 acres of prime city based private land, which is recorded in last settlement in favour of the Defendants in Home Stead status.In this case the plaintiffs are claiming that as they have been using the afforesaid land for various public/communal purposes like arranging,Mela,Dussera,sports etc. the communal right should be declared over the land.Hence they have valued the suit land at only Rs.15,000/- for entire area to avoid huge court fees .As per their claim the suit can be valued at the lowest amount as it is for declaration of communal right, so they are not entitled to pay huge court fees.But during course of hearing it has come to knowledge of court that the property would be more that 10 crores.So the court has suomotu directed the plaintiffs to pay Declaratory court fees as per valuation of the land.But the plaintiffs have challenged the lower courts order in high court under the ground court fees are not payable as per the value of land in a suit for Declaration of communal rights.
So I request you all to supply me some citations/ Judgement of Supreme Court / High Court on the issues that The Advolrum / Declaratory Court fees is also payable in a suit for Declaration of Communal right as per the bench mark value(govt. value) of the land.Pl help me at the earliest if you can.

Silabhadra Sastry Advocate   14 April 2012 at 09:52

Citation / judgement

Friends,I need a citation of any High Court or Supreme Court of India on the subject 'There is no legal bar on a person to be the Governor of a State or the President of The Country,if a criminal court has only taken cognizance Under IPC instead of R.P.Act on the allegation for making False Affidavit before the Returning Officer at the time for filing nomination in Assembly Election( but in the said case there has been no trial in the case as High Court has stayed further proceeding in lower court).

Silabhadra Sastry Advocate   21 March 2012 at 21:05

Citation / judgement

Dear Friends,my client is facing trial u/s 7, 13(2)R/w 13(1)D of Prevention of Corruption Act.My client is a chronic Psychiatric patient and has been entangle in the case being trapped by CBI for accepting bribe.So urgently I need a citation / judgement of Supreme Court / High Court on the subject a psychiatric / schizophrenia /mentally imbalanced patient / person does not differentiate what is right or wrong and do not have any mind set what to do or not to do.So he can not be held guilty and liable to be punished,so he will be set free or acquitted.Pl help me, its very urgent and to be filed in court by tomorrow 10A.M. in court.

Silabhadra Sastry Advocate   16 August 2011 at 21:35

Consumer right

Dear friends,I want a clarification whether a person using a cell phone can approach the consumer forum against illegal and unnoticed disconnection of his line by the 2nd service provider on the fake ground of non payment of bill, of the previous operator, after he has ported out from BSNL to AIRTEL through MNP.If any case law is there then plz. send me as i need it by tomorrow.regards Silabhadra Sastry,Advocate

Muhamed Ansari   17 June 2011 at 22:38

consumer forum

sir
I have filed a complaint against Idea cellular ltd. first respondent declared exparte. R2 is defending the case with a recent National forum Judgement.
the focus of the case is " the complainant was given excess bills from R2. when the complainant asked for detailed bills,which was not given.they send legal notice for dues.
whether the district forum has Jurisdiction to hear the case../

Sameer   11 May 2011 at 17:03

can a company sued

dear friends
i am having a ginning factory and i have supplied a big company cotton bales, as per the company policy they use to pay 90% of the payments third day thereby deducting interest,and rest 10% payments in fifteen days early trade was smooth but in the last of this season they blocked my money,kindly guide me to recover from the company.
thanking you!
Sameer ahmed.

iniya   21 March 2011 at 19:32

pls help... genuine 498a case

I got married a year back and got into joint family with inlaws. These are my problems:
1.From day 1 my husband dint show much of interest for both emotional or physical intimacy and that affected me a lot. Finally our marriage became consummate after 10 months. Btw whenever I tried asking my hubby for some private time or going out my MIL use to interfere and will ask to do things on my own and dont disturb him or try stick with him always. Moreover even if we go out my SIL will come with us. When I raised this issue my hubby felt as if it will displease his mom and sis if he spends time with me alone even at night.
2. Even though my parents were equally rich my MIL was of the opinoin like watever shridhan given was not up to the mark and not much to say. She indirectly suggested my hubby that its my responsiblity to sell off my jewels and a car gifted during our marriage for my SIL's marriage and further I need to arrange for business for my husband with help fo my dad. Pl note my inlaws are financially good and they could manage even without selling my jewels. Also my inlaws family itself is business family capable of financing my hubby for new venture.
at the peek of all when our marriage became finally consummate and hubby began showing little affection , my MIL droped another bomb saying she could have chosen better girl for my hubby and my obedient hubby started listening that too. and started maintaining his distance again.
one fine day, for some silly reason of lesser gift given for an auspicious occassion my MIL said our family disrespected them and throwed me out of the house and my hubby supported and stood by he saying he is going to divorce me. He also called my parents and informed them saying I ran away from home and dono where I went. They took my mobile before sending me out. I was on street without a penny.
The next day they filed a case against our family saying "threat for life". I had no other go than to complaint a 498a case and got a CSR copy alone. Requested the police for mediation and compromise and reconcilliation
My inlaws promised they are ready for compromise provided I withdrew my complaint before that. i did so infront of them (though police dint take my written statement and still kept the case open for safety till matters settle). On assumping i withdrew the case they never turned up for compromise as promised and instead presurrised to take action on my family for life threat petition given by them.
How do I handle it. Divorce or mutual consent is definetly not my choice. (that why they sent me out aiming for divorce)Can police help me in reuniting with my CSR. One of the reconcilliation terms I want is to go for couple counselling and psychothearpy as my hubby's mind is poised with thoughts said by my MIL. Pl help how to go about. I want to save my marriage. I dont want to leave that easy when they can just marry me for society (my SIL's marriage fixed after seeing the grandour of our marriage) and ditch me after they feel they can go for more prospective bride again.

preet   21 March 2011 at 14:55

Sarfaci Act

I received a notice under sarface act. after a time bank again send me a notice for repayment of loan through register post. i accept it from postman. But the same notice after 2 days of reciving bank paste on the wall of premises. My question is if i recive that notice from postman then bank post it on wall or not?

srinivasp   18 March 2011 at 21:27

section 138 ni act

please new amendment of sec. 138 of NIAct filing the case and limitation filing the complaint.

Ashvin Khambhata   06 March 2011 at 22:49

injuction &summary suit

Dear Sir
At the time of filling summary suit ,can i file an ad interim injuction application to restrain the property from selling etc