Udit
25 February 2015 at 21:19
In the case under rent control act for determination of standard rent I applied in the competent court but the court rejected my plea after full hearing and said that rent can not be increased against the order i applied to high court. The high court ordered the lower court to PROCEED AFRESH AND DECIDE THE MATTER AFRESH IN ACCORDANCE WITH LAW AFTER TAKING SUFFICIENT EVIDENCE FROM BOTH THE PARTIES. So i applied in the court again with the high court order along with a new plaint in which the only difference was of the evidence and the time of rent was differ from that of earlier evidence. Second party did not raise any objection of any kind regarding fresh plaint during the case. And due to high court's order the case went against the other party. Now while he appealed in the high court, there they are taking this step against the judgement that the said judgement was decided on the basis of a new plaint and it comes under the doctrine of constructive res- judicata. So my question is that is it wrong to submit a new plaint with not much difference in the facts from the earlier plaint and that is when such plaint was submitted when the high court ordered to proceed afresh in the matter. Pls tell me submitting a fresh plaint was a right step or wrong, while there is not any difference in the facts of the case in both the plaints.
Anonymous
25 February 2015 at 21:11
I have 50% right in an undivided property which is of G+2 in which i am using half of ground floor and full first floor and the other co-owner having 50% right is using 2nd floor and half of ground floor. There is no partition in written between us.Since due to employment oppurtunity i with my family need to shift to mumbai. The other co-owner has planned to enter into my posessed part forcefully after we will shift to mumbai which i have heard from sources.
1. What should i do so that after i leave for mumbai , the other co-owner cannot enter my posessed part. Please guide me sir so that i can take precautions in advance.
Athi Vishal HD
25 February 2015 at 21:03
Respected experts,
I asked my lawyer to file application u/s 25 of DV Act-2005 for modification of order of the interim compensation amt. on changed circumstances in the same court(i.e lower court) as advised by experts of this forum.
But my lawyer said that, there is no provision to file application u/s 25 in the same Court (lower court) and such application must be filed in higher court.In meantime he said that we may approach the Highcourt to stay the DV case instead of u/s 25.
I am very much confused, so I need urgent advise from the learned experts. Beacause my DV case is posted for trial on 3/3/2015. If I failed to pay the Rs. 130000/- my lawyer said that the court will issue FLW arrest warrant.
Please advise me.
murthy
25 February 2015 at 21:01
Hi..
This is murthy from Andhra Pradesh.I need your suggestion and procedure to correct my surname and sub-caste in certificates.I did M.Sc.
My actual surname is Juthiga but in my all education certificates (Xth,inter,degree,pg) Juttiga but my brother and sister got correctly.mistakenly registered from 1st standard.
Also my caste is BC-A Vaddi but my certificates wrongly mistakenly registered in 1st standard and continued to pg as Vadabalija which also BC-A and comes under OBC category.but different from me to my family members.Right now I am preparing for bank and govt jobs,so please suggest me to correct those.
Abhijeet
25 February 2015 at 20:58
Whether SARFAESI Act is applicable to State Industrial Development Corporation's property and Whether Section 30(E) of Said act is applicable to said property. State Industrial Development Corporation Leased their property to Lessee, can bank apply SARFAESI Act to said Property. Any Supporting Authority Please share.
divyank
25 February 2015 at 20:00
Dear Experts,
Court may grant bail in case of non bailable offence under section 437 if such person is sick or infirm.
Can anybody guide me what are the acceptable illnesses in case of bail in murder cases.
And how can infirmity be proved.
Thanks
KISHORE KUMAR JOSHI
25 February 2015 at 19:19
My father, my mother (deceased) and my self are the share holders of of a company kumaochal hotel pvt. Ltd having its registered office at Nainital. I have come to know through the shareholder list that our names are not not reflecting in the Annual return filed in MCA as on financial year 2013-2014.We have neither sold ,gifted, mortgaged part or thereof any of our share of the said company .Please advice me what legal step had to be taken in this regard ?
anandfarmania
25 February 2015 at 19:17
I am having a case in which my client is having a land on lease basis from kolkata port trust and total rent due is around Rs:- 60,000/- and he paid Rs:-10000/-.this payment was adjusted by port trust in suspense a/c.now he wants to start a suit against port trust.please suggest.
Harish Wani
25 February 2015 at 19:15
Hello Experts,
Can anyone guide me that which laws applicable for Real Estate Company for Legal audit purpose?
Can anyone share the list of legislation which is applicable for Real Estate company?
Thanks in Advance
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2nd EP
Dear team
pls suggest if 1st ep is dismissed due to the reason that DH was unable to provide "list of property", is it allowed to file 2nd EP with the required details?