Anonymous
19 September 2022 at 23:30
Suit is for injunction. Defendant filed counter claim. No W.S for 1900 days. Petition filed under O 8, R 10 CPC. Court is continuing with further evidence after completing PW1 evidence. Is it not against procedure without disposing the above said petition filed by Defendant? What is the remedy for this problem? Kindly mention any citation. Thank u.
Rishi Gupta
09 September 2022 at 23:21
My neighbors made illegal constructions (ground and 1st floor) and the matter was settled in Lok Adalat as Decree wherein the neighbors given a written statement that they will not prevent the authorities from demolishing the constructions. However, only cosmetic demolition was done by Municipal Corporation of Delhi. Further, the MCD has regularized the ground floor illegal constructions eight months after the Lok Adalat decree since they are politically influential people.
The cosmetic demolition was carried out on different dates and every time the neighbour reconstructed it which itself shows that the demolition did not took place effectively,.
When MCD team last visited for demolition, they were attacked by the neighbors and we made the audio and video recordings under section 151 to the court and given written compliant to the police also. We filed a contempt petition and submitted photos of illegal constructions which are yet to be demolished and also the audio and video recordings of the attack as a proof. Despite this, the trail court dismissed our petition stating that with mere photographs they can not decide on the illegal constructions and also did not consider or mention anything about the attack despite the submission of video and audio recordings which was a surprise to us. Further, the trail court mentioned in its order that no malafide intention can be imputed on the action of MCD if the unauthorized construction in flat is regularized as per rules and the court can not go into the question as to whether MCD has regularized the alleged unauthorized construction as per rules or not. We have RTI responses wherein the regularization was done against the rules since relevant documents were not submitted. Further, despite the submission of video and audio recordings on the attack on MCD officials, the court has stated that there is no material on record to show that the defendants violated the undertakings given in the Lok Adalat Decree. So, we wish to file an appeal in the high court against the trial court order.
Questions:
1. What is the limitation period to appeal against the trail court order in the contempt case?
2. If we file the appeal, how long the high court takes to dispose the same?
3. Despite the submission of the video and audio recordings over the attack on MCD officials and police compliant, how come the trial court con conclude that there is no material on record?
4. What else is the alternative we have to ensure the demolition of the illegal constructions?
with regards,
Rishi Gupta
raju
07 September 2022 at 22:08
Transfer case dismiss by single bench of High court. Can case be filled again on same points before double bench
Advocate Rajamahendra Varma P
26 February 2019 at 12:13
Hello everyone,
Can anyone help me on the below case process details please..
1. How much Workmen Compensation an injured person can get for partial disability (Age : 40 years, Working as Driver for APSRTC, Monthly salary 30K, already in service of 6 years and the balance service period is 18 Years).
2. Jurisdiction to file workmen compensation case in rural area where labor court not existing. Can we file case anywhere in India in any labour court?
3. Where/how to claim Third Party accident claim for the above case? How much claim we can get? Any specific jurisdiction to file the case?
Thanks in advance for your kind suggestions..!!
Stephenmarks
24 October 2018 at 18:35
Dear sirs, as far as I know, a buyer can request or issue notice to seller to file Gstr1 to claim buyer's itc. Inspite of our prompt filling of gstr1a company has blocked our payment claiming we have not filed Gstr3b. Is it appropriate? Do they have rights?
Anonymous
11 July 2018 at 19:30
Deleted due to duplicate thread.
Anonymous
11 July 2018 at 18:41
Deleted due to duplicate thread.
Anonymous
11 July 2018 at 18:30
duplicate thread, deleted.
Anonymous
10 July 2018 at 14:39
Dear Experts,
Kindly suggest me your opinion in the below case. I would like to know the merit of "B". Thank you.
CASE HISTORY :
“A” sold immovable property of agricultural land survey no. 1, 2 and 3 to “B” through a valid registered sale deed in the year of 1983, in the state of Andhra Pradesh.
Later on 1991, by undue threaten force by “A”, “B” agreed to sell the same immovable property to “C” (by threaten of “A” & “C” together). While drafting the sale deed “C” dictated the document writer to mention survey numbers as 1, 2 and 4 (mentioned no.4 instead of actual no.3), and full sale consideration was received by “A” (third party) and the same sale deed was registered with SRO, by signing “A” as 1st party seller & “B” as 2nd parity seller.
FACTS OF CASE :
1. While drafting sale deed, “C” mentioned “A” as first party to the sale deed, signed and registered document accordingly. “B” (legal owner) also signed on registered sale deed as 2nd party.
2. As per registered sale deed, complete consideration received by “A” (ex-owner alone), a third party where he has no legal rights on property.
3. In the said sale deed, none of the sellers have legal rights to sell on survey no.4. “C” wrongly mentioned survey no.3 boundaries to survey no.4 and got it registered with Sub-Registrar (survey no.3 not sold).
4. By fabricating documents and bribing to Tahsildhar office staff, “C” got mutation on survey no.3 (which is not legally sold & not registered in favor of “C”) instead of survey no.4.
5. From 1983 to upto date “B” having EC on his name for survey no.3 along with sale deed. But “C” is having illegal possession of the immovable property.
6. Tahsildhar office staff given endorsement to “B” to approach Civil Court when “B” applied for mutation & pattadar passbook on his favor for survey no.3 (which is illegally recorded on “C” name in revenue records now).
7. With corruption, “C” got mutation and pattadhar pass book from Tahsildhar office without having registered sale deed / title deed for survey no.3.
8. Tahsildhar not verifying the title documents and not doing legal act. He simply endorsing “B” to file a civil suit on “C”. They have given illegal mutation & pattadhar passbook to “C”, by considering “C”s illegal possession.
NOW THE QUESTIONS ARE :
a) Can “B” file a suit for NULL & VOID Contract case for entire sale deed which got registered in favor of “C” (i.e. for survey no.1, 2 and 4) in the year 1991 (around 26 years now), based on the ground that no consideration received by “B”, and “A” have no legal rights to sign the sale deed as 1st party seller & to receive entire sale consideration alone from “C”? If yes/no, under which Act & Sections/Provisions?
b) Can “B” file a case to get transfer mutation & pattadhar passbook in his favor for survey no.3 for which he have update of EC & sale deed in his favor (after 35 years from the date of registration)? If yes/no, under which Act & Sections/Provisions?
c) Can “B” file a private complaint to get the property into his possession which is almost 26years under illegal possession of “C”? If yes/no, under which Act & Sections/Provisions?
d) Is there any supporting case laws for all of the above situations?
e) Is there any other legal remedies in this case in favour of “B”?.
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Charge frame
respected experts,
I am accused no.3 in a case, and an FIR is registered against me under section 201 of IPC, I am going to court on every single date I get by the court, but accused no 1 does not appear and there is no charge framed against me, I want to get rid of the trials soon please suggest me any provision for separate trial or charge or how can I soon dispense the case against me, my advocate is not loyal towards me so please suggest me what can be done.