JS Singh
20 March 2015 at 17:24
Hello,
I've a pending case since 2010 in high court. Its got some hearings but mostly its getting postponed.
As advised in this forum earlier, I've asked my lawyer to apply for an early hearing of my case as I'm a senior citizen. But my lawyer is telling me that the judge was a govt. lawyer earlier and will favour the government entity which I'm fighting against and thus won't allow early hearing of my case. He further said that I should keep waiting for the roster to change.
Is that correct? Can such a judge reject my application for early hearing in this case? Or am I being misguided?
Thanks.
Nazeer Ahmed
20 March 2015 at 16:37
I had filed an application in DRT1 at chennai challenging the possession notice dated 10.10.2013 claiming that symbolic possession has been taken by the ICICI Bank. I as a party in person submitted that vide a letter dated 15.2.2006, ICICI bank addressed a letter to the applicant confirming that the technical and legal details of the project Marine Bay has been cleared by the ICICI bank based on which a loan has been arranged in favour of me. Thereafter, after completion of teh project the ICICI Bank gave certain directions to the builder of the project not to hand over the possession of the flat as the title deed is not given by the applicant.The applicant was paying his monthly EMI's regularly for 36months and there was no default when the bank issued this illegal direction. further it was proved through the document that the ICICI bank was forcing the applicant to sell the property back to the builder.When the bank was not heeding for any settlement the applicant suspended the EMI's by duly informing the bank stating that they are willing to close the loan account for which the bank lend a deaf hearing. The Bank issued a SARFAESI notice under section 13(2) on 2.7.2010 wherein it was informed that the applicants had deposited the title deeds and the security had been created, when certain objection was raised by the applicant on a further letter dated 21.7.2010 a corrigendum was issued by the ICICI bank indicating that they are in possession of the certified copy of the sale deed. Later on the ICICI bank had filed an OA in DRT3 which is pending for disposal. Further in the OA filed by the ICICI bank it was admitted that the ICICI bank are in physical possession of the property since 18.12.2010.The DRT1 on 4.11.2013 was convinced and accordingly the responded ie ICICI bank was directed not to proceed further under the impunged notice dated 10.10.2013 without obtaining a direction from the tribunal. The bank appeared and took time for filling counter and thus they were dilly dallying it till 12.3.2015, when the counsel appearing for the bank informed the court on 12.3.2015 that they will not proceed without the court direction and the Hon'ble president asked the counsel to endorse it which counsel endorsed what he had said to the court. The court pass the orders by allowing my petition and directed the bank to reimburse the fee paid to the tribunal along with the cost of Rs.5000.00 and closed the SA.
1.Now if the Bank did not pay the amount
what are the options i have?
2.Is any way the bank has a chance to go
for appeal?
saba
20 March 2015 at 16:23
Respected Member's
I want your help to know if there is website for which I can write articles on law related issue so that I can enhance my writing skills and develop a habit of good research work as these kind of project are not part of our curriculum. I am willing to work for any minimum amount so that I can use it as my pocket money.
pratap
20 March 2015 at 15:51
Respected experts,...
Can you please help me to understand Anand marriage act 1909.... How it's different from HINDU MARRIAGE ACT...
SUBRATA CHAKRABORTY
20 March 2015 at 14:31
Sir/Madam,
Can we Lodge Advance Complain to Police Station regarding Bad behavior of wife, as she is threatening to lodge false charge on family. So we want to defend our side by advance informing Police about the matter by writing. Will it be helpful, if in future she complain to police about Domestic Violence. I mean to say is there any process which will help in protecting us from any police case against us lodged by her or her family.
ratankumarsanghi
20 March 2015 at 14:16
I had purchased some shares of a Private Limited Company and sent them to the Company to transfer to myself. As the shares were not transferred for long I filed an FIR along with other issues, but the police did not take any action saying that it is a civil matter.
A few years later I learnt that some of the shares had been transferred to the Company’s Directors and therefore I filed another complaint with the Magistrate in Mumbai for cheating & misappropriation..
The Defendants are stating that because the transfer of the shares was agitated earlier by an FIR this cannot now be re-agitated in the Bombay court. Kindly advice in this respect quoting a few case laws in favour or against. I am advised that a criminal act is a continuing act and as such there is no Res-Judicate. Please site a case law.
Ratan Kumar Sanghi
channa keshava
20 March 2015 at 13:38
Dear Sir,
I bought an under construction Flat for Rs.38 lakhs, including all taxes in Bengaluru in May 2013, it is still under construction and it may take another 2-3 months time to completion. I have already paid 80% of total value.
Could you please let me know is there any changes in ST & VAT in Bengaluru from April 1, 2015. If any changes I have to pay only for balance amount right? Please advice.
Thanks & Regards,
Keshava
Kriti
20 March 2015 at 13:26
Dear Sir ,
I want to put down papers in my Company but my notice period is 2 months . I am not keeping well . Can I Serve 1 month and for the other month can I produce medical certificate so I can avoid working the second month . Kindly reply at the earliest.
deshpande
20 March 2015 at 12:44
Good morning,
My wife had filed 498a and dva case against me and my parents. Parents in hyderabad and I am an nri residing in middle east. These cases are going on and my parents are attending the hearings when ever dates are given.
Now wife has again files a case in family court of Rcr.
my queries are
1. Can she file rcr after filing 498a and dva case.
2. She is a central govt employee and is she eligile for any interimmaintenance.
3. We have been living seperately from almoat 2 years.
Please advice, I want divorce.
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Contempt of court order
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