MADHUSUDAN G R
02 April 2018 at 00:00
A PIL was filed before the Hon'ble High Court of Karnataka in 2012 by a Residents Welfare Association i.e., the Petitioner, against a Charitable Institution, the 1st Respondent, which had constructed a high rise building by violating all the conditions of grant of free land to it and zonal rules and regulations. The Bruhat Bengaluru Mahanagar Palike (BBMP) which was arrayed as the 2nd Respondent filed two affidavits acknowledging all the said violations committed by the 1st Respondent. The 2nd Respondent i.e., BBMP vide its two affidavits filed separately - one by the Commissioner and the other by its Head-Legal Cell stated that they have already taken appropriate steps to recover possession of the premises and would abide by any order passed by the Hon'ble High Court of Karnataka. Their learned Councils also promised to take prompt action in that regard. Based on the affidavits filed, the Hon'ble High Court of Karnataka was pleased to dispose of the petition during the year 2015. Even after three years of the said order, the 2nd Respondents i.e., BBMP has failed to take any action till date.
The point to be noted as per Section 11: Public Interest Litigation, it is is held that if relief sought in the previous and the subsequent proceedings are substantially same and the cause of action in both the proceedings are same, the previous decision would operate as res judicata.
But there was no previous decision/order. In other words, the petition was 'disposed of'. Hence, invoking the provisions of Contempt of Court may not arise.
Under the above circumstances, whether Res judicata is applicable? If so, under what Order and Rule of CPC, the application is to be filed again before the same Hon'ble High Court of Karnataka, seeking specific order within a specific time frame.?
MADHUSUDAN G R
02 February 2018 at 16:36
My testatrix has one house. After her death, she wants 66% of the sale proceeds of the house to go to his younger son, as he is only taking care of her health, hospitalisation etc., and 34% to her elder son, as he is least bothered about her and abandoned her.
Her fear is that what happens, after death, if the elder son does not co-operate with the younger one in getting the title of the house the transferred to both their names, as he would get 34% only Will it not lead to lengthy litigation in the court of law.
My question is, whether an executor, appointed by her can get the property transferred to his name, sell and apportion in the said percentage, in order to avoid non-cooperation and litigation process in the court of law?
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MADHUSUDAN G R
25 January 2018 at 18:13
1. Can an executor be an attesting witness too in a will?
2. Can a testor give groundfloor to one son and first floor to another son in a will?
MADHUSUDAN G R
18 September 2015 at 17:38
A female employee, during the delivery, died leaving her husband and the new born baby. The baby is with her grand mother.
The nominatio given by the late employee stands in the name of her husband.
The huband has given no objection for her mother-in-law to claim the PF amount.
The company forward all the papers stating that it has no objection to be given to the mother of the dead employee
But the PF has rejected the claim of the mother-in-law i.e. mother of the dead female employee.
What are the prospects of getting the mother PF amount, if challenged in the labour court?
M.S. Sidhu
16 September 2015 at 20:02
We are 20 odd people who are legal heir of a property acquired by the Govt long ago. We are to file compensation claim now.
A few queries to respected Sirs and Madams---
1. Who will sign the Vakalnama and Petition etc? Will it be practical to get the signatures of all the people on the Vaklatnama/ Petition/ Writ etc or should we prepare a "special power of attorney" appointing one or two people to sign on behalf of all the others?
2. I am also wondering, how the claim will be given, I mean in whose name? As 20 people are involved so should we open a joint bank account for this purpose or what?
Thanks in advance,
MADHUSUDAN G R
04 August 2015 at 17:01
Whether ancestral property i.e., agricultural can be transferred by a Karta of HUF in favour of one of his daughters without the knowledge of other legal heirs.
Whether a mere entry into the revenue records without a registered deed of transfer/gift amounts to transfer?
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Resignation during probation period
Dear Respected Members,
Please suggest on the following :
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Date of Joining : 3rd of October, 2018
Date of Resignation : 5th of December, 2018
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Offer Letter containing :
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