rajeshtanku
14 July 2010 at 18:45
SIR
PLS ADVISE THERE IS ANY ADVANTAGE OF GOOD JOB ,IF IPR PERSUED.
S.B.adil rahman
14 July 2010 at 18:32
In how many days a case has to be filed at Administrative Tribunal? My client was denied promotion by the state government and the publication in Gazette was made on 7.8.2009.He filed representations with the Home secretary and the chairman Public service commission West Bengal. Till now even after 11 months no reply was received.In the mean time he was again superseded on 2.7.2010 for the second time. What is the limitation for filing cases against the State? whether both the cases of denial can be clubbed together in the plaint.I am confused about section 21 of Administrative Tribunal Act. kindly clarify.
Nirmal Joseph
14 July 2010 at 18:26
Hallo friends,
A person wrongfully constructed a four storied building on my boundary wall against the municipality approved plan. I lodged a writ of mandamus in the high court to direct the municipality to demolish the violated portion. In the writ I included the offender as the second respondent. The writ was filed during June 2006.
Subsequently 3 months later, during September 2006 the second respondent in the writ (the offender) filed a false demarcation suit against me saying that the boundary was not demarcated properly between my property and his.
Then on November 18, 2006 in his Counter Affidavit in the writ he referred to the existence of the above said false suit and wrongfully convinced the court that if the boundary is demarcated there would not be any violation of building rules.
Taking this into account the court ordered to seek the remedy in the pending false civil suit lodged against me by the offender.
I preferred a writ appeal; and that also unfortunately confirmed the order in writ petition.
So I was forced to seek the remedy in the civil suit filed against me. In the mean time the civil suit has crossed the stage of framing the issues. My lawyer, stating the orders of the WP and WA presented a delay condonation petition. The Judge passed an order in favor of me to accept my petition. But the opposite party preferred a Revision Petition and got the order against me.
As a result, now I am not permitted to seek remedy even in the civil suit lodged against me. The verdict of the Revision Petition was pronounced on 07.07.2010. I have the following questions:
1. Can I go for appeal in the Apex Court against the order of High Court in WA? In such case is it enough to show the reason of obeying the order in WP and WA as the reason in delay condonation petition?
2. Or do I have to go for appeal in the Apex Court against the order in Revision Petition (CRP). If so within how many days from the order?
3. Or can I go for both?
I would be much thankful if someone in the forum could guide me in this regard.
Thanks in advance!
KO RAMESSH KUMAR
14 July 2010 at 18:25
Dear Sir/s/ Madam/s
Can, an educational Society running an Engineering college approved ay AICTE, New Delhi and affiliated to JNTU,Hyderabad, situated in A.P, India, PLEDGE IT'S MOVABLE / IMMOVABLE PROPERTY WITH BANK / FINANCIAL INSTITUIION UNDER A.P EDUCATION ACT, 1982.
Pls clarify.
Anonymous
14 July 2010 at 18:20
i am an nri once if i receive the divorce papers from family court by my wife and if i am not appearing in the family court,what will be the judgement.if i am not receiving my divorce papers and sending back with an endorsement saying out of station ,what will be the procedure.if she gets exparte divorce based on cruelty will it affect my 498a proceedings weeker
sushil bhatt
14 July 2010 at 17:52
Dear All,
I have booked a flat from a builder through their authorised dealer in April 2010 and issued a post dated cheque (say for 10th August 2010) against booking amount since the construction of flats was not started at site. The authorised dealer assured me through mail (under copy to builder) that the construction would be started before 1st August 2010 and if not then I will be entitled to cancel my booking.
Now despite their commitments, the builder is not starting the construction and from the date of booking they are saying that it will be started in next 10-15 days, it seems that they are not willing to start the Construction in near future since nearly 3 months have been passed.
Now I want to cancel my booking. Can I write to the builder and his dealer for cancellation of booking and return the post dated cheque to me since they have failed to start the construction work. In that event, if the builder still presents the said post dated cheque and it will get dishonoured, am I liable for punishment u/s 138.
Pls advise
Manjeet Magar
14 July 2010 at 17:43
Dear Expert,
I myself Manjeet Magar, from kolhapur just read your article on web. I wish if you could help me through my matter. summary as follows
I was into trading business of cattlefeed in kolhapur district since 2004. We would purchase cattlefeed from Rajarambapu Dudh Sangh, Ltd, Islampur and send them to our customers as transit sale. We were use to renew our aggrement every year and give them blank cheque along with it. The last aggrement we done was in 2007 and had also given a blank cheque along with it. The above company Rajarambapu Dudh Sangh send us notice in 2008 demanding for dues which are actual. I paid them some of the amount from it in January 2009. Then they filed the 138 NI complaint against me providing the cheque which was given in 2007 against agreement. These are some of the details of the case can you please guide me through the matter.
Thanking You,
Regards,
Manjeet Magar
Anonymous
14 July 2010 at 17:24
i am an nri,10 months back my wife filled 498a against me and my family members and she filled a fake case saying that i took 9 lakhs (including gold and ornaments).judgement came in favor of my wife to give 7 lakhs,after the family court judgement soon she forwarded her divorce papers from family court which is been sent to me through registerd post.as i am going for an appeal in the highcourt for 7 lakhs,my advocate says dont receive the registered paper instead he is telling to get an endorsement saying i am out of station.so that the petition will be sent back to the court and inform her to file a fresh petion.will it be agood move,since i too not planning to live with her.can it help in highcourt appeal against 7 lakhs case.still my 498a pending ,if she gets exparte divorce on basis of cruelty,will it affect the precomming cases like 498a etc.how it can be solved,please suggest me.
hussain
14 July 2010 at 17:02
Sir
In Sales tax audit for the year 2006-07 the officer as find that there is a diffrence in stock as per return calculation and the diffrence amount is Rs :- 93297/= the officer is calulating this amount means 93297 * 4 and then on Rs : 373188/= on this amount 4% tax will be charged to party sir i want know that on diffrence amount will be charge 4% tax and after that the tax amount will be multiply into 4% as a penalty.which will be right sir please reply me.
Thnaking You
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recall of examined witnesses
dear sir ,
a case was register u/s-304(a)
in which a docter & his copounder
made accused & thre witnesses were
examined during trail now the case
is compermise &a compermise petition
sing by both parties are on record
& apetition to recall of witnesses
are also their .But the C.J.M. is
not want to allow the petition of
recall & he order to produce any
rulling passed by any high court
or Apex court.
Now whats a way to difence .