bukki
29 March 2018 at 22:08
Sir,
I filed writ of quo warranto in PIL question the person wrongly continuing in public post without required educational qualification when it came up for admission on 21.06.2016, Government pleader mislead false information before judge that person already removed from post.So advocate withdrawn the petition as dismissed without my knowledge.
Apex Court Rule of Quo Warranto: 1. PIL is maitainable in Service Matters for Quo warranto 2. The rule of locus standi not applicable for Quo warranto. I am not aggrieved person for the post so only the quo warranto was filed.
Now I wish to file new petition writ of mandamus to consider my representation and dispose of because same person still continuing the same post. without required educational qualification.
Please clarify my doubt below
1. Whether new writ petition mandamus is barred by res judicata or not?
2. Whether new writ petition mandamus is barred by locus standi or not?
Debjit
29 March 2018 at 19:51
Dear Sir,
As my father want to purchase his sister's share from her of the un devided ancestral property, Is there any rule or ceiling of the price ? can She demand market price of the Undevided Share ?
Debjit Ghosh,
Anonymous
29 March 2018 at 17:57
I have entered into an agreement to sell my property for sum of Rs..XXXXXXXX. Five clauses amongst others of Terms of the Agreement are as follows:-
Clause No 1. That The sale consideration for rights and titles of the seller in the said property is fixed between the parties at Rs..XXXXXX, out of which the seller has acknowledged the receipt of a sum of Rs..XXXXXXX as advance amount.
Clause No 2. The Buyer will also pay other part payment of Rs..XXXXXXX to the seller on or before DDMMYYYY
Clause No 3. That the balance sale consideration of Rs..XXXXXXX will be paid by the buyer to the seller on or before DDMMYYYY.
Clause No 8. If the buyer commits breach of the agreement, the seller shall be entitled to forfeit the entire earnest money paid by the buyer to the seller; and the seller will be at liberty to resell the property to any person. If the seller commits breach of agreement, he shall be liable to refund the double of earnest money received by him to the buyer.
Clause No 9. That in case any of the party hereto infringes any of the terms and conditions of this agreement, then the other party will be entitled to get this transaction enforced through the court of Law by specific performance of the contract at the cost of the party who has defaulted
Note : The advance amount mentioned in clause 1 is exactly 10 % of the total sale consideration while part payment mentioned at Clause 2 is approx 40 % of total sale consideration. Now the date of part payment has arrived, but the buyer has not paid the money .
My queries are:-
1. Verbal discussions were held with the buyer 2 days before the date of part payment and he had sought some more time. Is any notice in writing required to be given to him that he has failed to make the part payment ( though informal communication through sms has been made to him)?
2. If he fails to make any payment on or before the last date of the agreement, can advance amount paid by the buyer be forfeited without any notice in view of clause 8 of the agreement. Is the word 'advance amount' used in clause 1 has the same connotation as earnest money used in clause No 8 as amount mentioned in clause 1 was the initial 10 % amount received at the time of entering into the agreement.
3. Alternatively , can the buyer be dragged to court for specific performance of the contract in view of clause 9 of the agreement. If yes, how much time does it take to get the decision of the court- I mean long drawn process or straightforward.
Advice is benignly solicited.
Nazeer Ahmed
29 March 2018 at 16:15
It is a settled position of law that once a right of redemption is exercised and readiness was shown for the payment of mortgage debt, the mortgagee is not entitled to claim any interest on the Mortgage debt.
Please share and quote judgment in this regard.
Nazeer Ahmed
29 March 2018 at 16:10
It is a settled position of law that once a right of redemption is exercised and readiness was shown for the payment of mortgage debt, the mortgagee is not entitled to claim any interest on the Mortgage debt.
karthika
29 March 2018 at 15:39
i like to marry my cousin, my father's father's father and groom father's father's father are same i.e my great grand father and his great grand father are same,so can i marry him,is it comes under sapinda marriage or sagotra marriage,is it legal to marry him??plz suggest me sir
kaur
29 March 2018 at 15:37
If labour case u/s 2A which can be decided within three months by the industrial tribunal but even after three years pending in court. Is there any remedy available to workman as his whole family was dependent on his job.
Anonymous
29 March 2018 at 14:45
Dear Sir,
Good Afternoon, I have a query regarding job that I have got an offer letter from an Indian MNC and they provided me the joining date but they have extended 3 times my joining date by saying that your criminal check is under process and one day they asked me that something is showing up case against you in background criminal check process.
they asked me any case was against you, i told them that i got divorced in previous years after all settlement by the court and got married now, that is it only and nothing else. so please let me know at the earliest that the divorced case comes under criminal case whereas everything has been done by the Court.
I will be happy if you answer me.
Thanks & Regards
Vicky Sharma
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