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RAJ   25 May 2015 at 21:26

Status quo – order-violation and relevant legal moves

Respected sir;

With your valuable experience and expertise kindly guide me in the problem explained hereby
Presently a stay order has been issued for a joint property by Munsiff court against the unlawful construction ;encroaching into our share ,fixation of boundaries etc. ie; TO MAINTAIN STATUS QUO TILL THE FINAL ORDER FROM HIGH COURT IN THE REGULAR SECONDS APPEAL FOR THE SAME ISSUE; OR UNTIL THE JUDGEMENT FOR THE OBJECTION SUIT ITSELF.

Munsiff has issued the order since the suit was filed by us ignorant of the seconds appeal; prior to the knowledge about the RSA at highcourt filed by the other one.

But the opponent disregarding the stay; has constantly been making great nuisance and damage ,causing immense losses for our house in we have been living for the past 20 years in the same joint plot.

He has encroached into our share far into the front of our house, building boundary bunds,mud walls etc.He has purposefully broken the overhead water tank ,breaking sewerage lines,drainage etc of our own house;.causing the life difficult for us.

The party being politically influential and the luxury of resources .the complaints filed at the local police station has been ineffective.



Kindly guide me in this issue
1. Since it has been the violation of order,wont that be a criminal offense like contempt to the court.

2. Since the damage has been done to the basic necessities the sections relevant in this scenario


3. Where is it more effective to present the issue;ie at munsiff court which has issued the stay or the high court itself.

4. Would the lokayukta or any other enterprises like human rights commission be helpful for us.

Yours faithfully

Member (Account Deleted)   25 May 2015 at 21:03

Govt gazette is enough to get name changed on pan,bank accounts,etc?

Respected Sir,

My name is Samrath Gupta residing from Varanasi (UP)

I've changed my name from " Shivam Gupta " TO " Samrath Gupta ".

I've these records with me:

1- Govt Gazette
2- Publications in news paper
3- Affidavit(Photocopy)
4- Affidavit sworn before Magistrate (Photo Copy)

Is it necessary to get Court Orders for the name change?

Can I get my name changed in my legal documents using the Govt Gazette like- PAN,DL,Bank Accounts,Registration Papers of my bike?

I'm still not sure If I'm Legally " Samrath Gupta " or still " Shivam Gupta "

sharadtubale   25 May 2015 at 18:44

Leave entitlement as per bombay shops & establishment act

Dear Sir,
Greetings of the day......
I wanted to know what are the laves entitlenent as per the Bombay Shops & establishment act.

Casual Leaves-
Sick Leaves-
Bank Holidays-

Also want to know are this laws applicable to the hotel industry also and are they same for Managerial staff and Other staff.

Await your reply on the same.

Thanks
Sharad T Ubale

Sandeep   25 May 2015 at 17:36

Petitioner in person contesting writ of mandamus

Can I contest a case of writ petition under Mandamus as a petitioner in person without engaging an advocate?

alisha   25 May 2015 at 17:22

Surety bail

Hi, in 2008 one of my family member got bail on the basis of 50000/- bond amount along with 1 surety of Maharashtra. The person who got bail is the resident of Delhi and we have no one who is the resident of Mumbai. By so much of efforts we got one person who gave the surety but now he wanted to dispose of his property and we have to change the surety. But in the order it is written that the surety should be of Maharashtra only. Can the surety of Movable Property or Fixed Deposits be submitted? Can we file any application so the surety of Delhi will be allowed? Section 420 IPC (Case. Please reply urgent. Thanks.

jatinkumar   25 May 2015 at 16:27

property sold without giving share

Hello expert! My query is of ancestral property. My friend is having property which was on his father name . property was immovable property of 2 acre agricultural land. His father died living behind 3 sons and wife without will. Not my friend meet with an accident he was almost dead but by grace of god he is alive but handicapped. He was 3 years in comma. But when he recovered n was well he came to know that his 2 brother has sold 1 acre land by taking her mother signature on sale deed without giving share to my friend . his brother was trying to sale other 1acre but he has giving application in register office that not to register so and so property without my friend signature. Now pls guide me what to do and hiw to take share of sold out property. Thks in anticipation!

vishvendratomar   25 May 2015 at 16:27

Sarfaesi

What is the scope of section 17 of the SARFAESI act? Can DRT give a declaratory leave? Can DRT do anything beyond the scope of section 13? Please tell with some relevant case laws.

prerna   25 May 2015 at 16:04

Permanent injuction

Can a tenant apply for permanent injunction under rule 39 section 1 & 2 after the decree of possession has been passed in favor of the landlord.Landlord is following the way of law for eviction and have a certified copy of decree and has also filled for execution. Will the court grant interim order.

rohangupta   25 May 2015 at 15:41

CERSAI registration charges against home loan

Hi,

I would like to ask CERSAI registration charges against home loan. In June 2012 I had taken home loan from one of the public sector bank and paying regular EMI for more than two years, but few days back i.e. In May 2015 they deducted approx 5700 Rs. from my bank account in the name of CERSAI registration charge against my home loan apart from EMI. Just wanted to know whether they are allow to charge me this much amount as a CERSAI registration charges? What is exactly CERSAI charges? And how they charged me after almost 3 years of home loan approval? Thank you in advance.

shaileshrai   25 May 2015 at 14:51

Legal heir certificate

Who can give me a legal heir cetificate for the purpose of get my dead father's P.F. Funds in Uttar Pradesh ?