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Raj   05 May 2015 at 15:50

Appeal against the order passed in application u/s order 8 rule 10 cpc

Sir,
My Interim application filed in main suit, u/s Order 8 Rule 10 dismmised by Civil Judge(Senior Division).Please inform under wich provision of CPC can I made appeal before the appletae court? or there is only remedy of filing writ Petition against the interim order of CPC??

VIJAY KUMAR   05 May 2015 at 15:41

Tenant registering on the huda website with own particulars(mail id & mble no.)

Water and Sewerage Bills for Huda Sectors in Gurgaon can be paid online through their Website of Water and Sewer Billing Services. My tenant registered on that Website against my property for paying the bills. But while registering with the site he provided in particulars his own E-mail ID and Mobile Number for the receipt of Bills and its acknowledgments without my authorization, which I think is not proper and valid for the owner of the site/house. It comes to my mind occasionally whether this can be misused or abused in case the relations between the owner and the tenant are not normal. Is there any violation of the Information Technology Act? if there is any, what action can be take in such a case against the tenant under the Act and what penalty has been prescribed. Please guide.

Vijay Sharma   05 May 2015 at 15:19

False fir under ipc 307

Dear Experts,

My brother's wife put a False FIR on us(Husband/Father/Mother and Brother in Law means me) under IPC 307.

I don't live with them since last four years and I was disowned by my parents since last three years. Even I am not living in the same state.

Its a 100% false FIR on us, please suggest how to proceed? Please suggest how can I make sure that I was not there in city/state
on the registered date. Please save us. I am working in a private company and have a 3 years of Kid. Every thing will be finished without proper suggestion.

Naveen   05 May 2015 at 14:58

Definiton of terms in encumberance certificate

Hi,
Can someone please let me know what is the full form of (PL), (AY) in "STATEMENT OF ENCUMBERANCE ON PROPERTY"

amarnath   05 May 2015 at 13:44

Need help

Hello Sir/Madam,
Please help me.
I have purchased a plot from layout in 2013 as resale in Bangalore. This layout was formed in 2004.
recently somebody (grandson of Ex-owner) filed case on layout formed person, saying that this assigned land to them in 1965. This land got transferred multiple hands (i.e. not double registration) from 1965 to till date.
Before buying plot, I was not aware of this is assigned land. I personally went to BBMP office and showed documents, they told me orally that it is good land go ahead and buy, of course didn't gave any certificate. I showed to lawyer also with 1987 onward documents, lawyer said documents seems fine.

I have EC from 1960 to 2013, I didn't see any entry saying assigned land.

My doubt is
How one can know it is assigned land?

Is this case applicable as he didn't file against current owner?

What happens if layout formed person not attend the court as he sold out long back only.?

How can I or individual plot owner can proceed further?

Thanks in advance.
Amarnath

hasan   05 May 2015 at 13:38

what is definition of time was not assence

Dear sir
In which situation time was not assence? We have executed unregistered sale deed in year 2010 and after three months a purchaser has to pay full payment. But a purchaser failed to do so. And he has submitted a suit for specific performance in year 2012 so unregistered sale deed is permissible for specific performance suit in the court. Purchaser was not present while we have made this sale deed his agent has singed behalf of him agent has write purchaser name as a sign so can I do F I R for his agent its more then five years has been finished. Reply plz.

ASHOK MAHESHWARI   05 May 2015 at 12:53

138 ni accused convicted and filed an appeal in session court respondent what to do?

In case of dishonour of cheque, accused was convicted by lower court and now he filed an appeal in the session court. I am respondent and has to reply in the session court. Accused/ Appellate is an advocate and willingly put a wrong address of me/ respondent to delay the process and I have not received memo/ notice of session court due to this wrong address. I would like to know the procedure, can my advocate give written arguments only or oral arguments are also necessary? Because I think that the judgement passed by trial judge is perfect and no chance are there for the accused in appeal.

P. Venu   05 May 2015 at 12:42

Change of inquiry officer

This topic was earlier posted in the Forum to elicit discussion on the questions of law involved. However, it appears, the topic remained unnoticed by the learned experts, other than Shri Vashista. Hence the matter is posted as a Query:

In a Departmental Inquiry (Disciplinary Proceedings) under CCS(CCA) Rules, 1965 the Inquiry proceedings had been completed by the first week of December 2014 and the Presenting and Charged officers have submitted their written briefs to the Inquiry Officer by the end of Decmber 2014 and second week of January 2015 respectively. The only task remaining has been the submission of Iquiry Report, which in the normal course should have completed within a period of three months i.e. by the second week of April.
However, the Disciplinary Authority, by the Order dated 23rd April has appointed another Inquiry Officer citing the reason that the Original Inquiry Officer could not complete the Inquiry due to the completion of tenure in the Department before the final report could be prepared.
The Order is strange in more than one way: it does not cancel or rescind the appointment of the First Inquiry Officer nor is a copy of this Order endorsed to him. Secondly, the completion of the tenure has not been a new development. It was well known that his tenure was to complete on 16th January. Surprisingly, the new Inquiry Officer has been appointed more than three months thereafter. All that the new Inquiry Officer has to do is to prepare the final report.

Is the appointment of the new IO said to lawful or legally required?

Can the inquiry report prepared by the new IO said to be accordance with the provisions of Article 311?

Is not the new development repugnant to the provisions of CCS(CCA) Rules and discipline of the Constitution?

manojsingh   05 May 2015 at 11:02

Park developement

Hi Sir,
I am a software engineer, I like to develop Park in our village.
Issue: Before 20 year ago village people allow a person to make wooden shop and later on he make it a hut. Now before few month back shopper want to make it as their home and village people destroy his shop and everything. Now shopper has filed case to village people for theft and also make 'Diwani'.

I need that land for social work (park development)..

Can we cancelled case?
Can Clean India Mission help me?
what is difference between varg 6 abadi and gram sabha land.

There is SC order to vacant gram sabha land but if that land come into varg 6 land what we can do?

Thanks Sir,
Please reply me.
Thanks Again

Mansoori Zubair Salim   05 May 2015 at 10:23

Claim of mother estate after her death

Hi,
One of my Assessee Mother is dead suddenly without executing will. she has only one son i.e. the Assessee. The mother of the Assessee had not file any income tax return in his lifetime she had total Estate of Rs. 1 Crore including Fixed Deposits, Cash in Hand, Immoveable Properties etc. In fixed Deposit she had makes Nominee to his son. Now the question arises that
1. whether son has to pay any tax like Income Tax, Wealth Tax etc. on receipt of these cash, Properties & Fixed Deposits on which mother had never paid any Income Tax ?
2. How to claim the fixed deposit amount from bank?
3. How to Treat these Estates in Assessee Books of Accounts?


Awaiting for yours Valuable & Helpful Replies.
Thanking You.