ckanta
27 August 2014 at 00:24
Sir,
could you help me out with the appropriate legal remedy to be adopted in the below discussed case whether it is writ to high court or any other legal remedy.
As per rule 153 of delhi cooperative societies rules 2007 decreeholder can make any number of applications but recovery officer shall not entertain the same if its barred by article 136 of limitation act 1963 i.e. 12 years .however one society(decree holder) has made an application to recovery officer after 12 years of award and officer has issued warrant for arrest and attachment without following the rules.
Though judgement debtor(I) in the mean while some years ago has paid some amount in earlier execution filed by the same decreeholder.
whether that payment extended the period of limitaion???
what shall be the proper course of action to deal with this situation.
Sir I have tried to find lawyer at district courts for this issue however nobody told me any solution and moreover said we donot deal in society cases.
Please guide in detail as we are poor man and donot have money to satisfy execution.
Please help me with some good lawyer contact number as well.
Thnanks in advance
Balwinder
27 August 2014 at 00:02
dear sir/mam
in 2010 on my complaint police registered a fir u/s 406 452 323 324 etc on second party ...
in 2012 chalan was submited in local court...at d same time two of them were out of india and still they r in abroad
in jan 2014 i received summon from court for witness..but for some reasons i did not go..
latter april 2014 the guilty party come to my house and apologies...after that we compromise....
we put a petition in high court for compromise . now after 1st date high court give 2nd date in november..........
Now problem is that the district court judge summoned me for witness (we already put matter in his knowledge). when i went in court he pressurise me to give my witness .....at that time i escaped from giving witness....but now he give date on 2nd september
Dilip
26 August 2014 at 22:53
Dear Experts,
A judgement of Hon'ble Guwahati High Court has come in my favour. I was appointed as a Teacher in AR and since the very first date I am teaching in Children School. And after more than 60 years an attempt is initiated to deploy me in Non-teaching activities and instructional duty to Troops for which I was not appointed. I challenged the order of the same and the order of the CAT in Hon'ble High Court and thus the Order. Now I want an expert analysis on this and valuable suggestion on this. The judgement is as under :-
Heard Sri R Mazumdar, learned counsel for the petitioner and Smt. B Das, learned Central govt. counsel.
Petitioners were appointed as Hindi teacher to teach Hindi to the jawans. On occasion they were drafted to schools run by Assam Rifles to teach Hindi to the students. Petitioners were repatriated from the schools and they are now directed to attend to civil works and also to assist jawans in combat operation. Petitioners challenged the said order before CAT. The CAT found nothing offensive in the order that directs petitioners to discharge duties of civil nature and as well duties relating to combatant operation. Petitioners aggrieved by the said order filed this petition.
The counsel for the petitioner submits that duties relating to combatant operation are onerous and not part of their job chart, and there is a risk element too. Petitioners being civil teachers appointed to teach Hindi to the jawans they should be confined to the said duty only, the other duty should not be added to their job chart.
The counsel for the respondent strenuously submits that the charter of duties prescribed by circular dated 15th July, 2013, now in challenge, cannot be assailed and petitioners are bound to comply with the posting orders and to discharge their duties.
The counsel for the petitioner per contra submits that option was given to the Hindi teachers to choose between combatant duty and duty of a civil teacher. All of them opted to remain as civil teacher. Therefore they cannot be enjoined to do the duties of combatant nature.
Upon consideration of the facts and material it is to be seen that petitioners have not opted for combatant duty; they opted to remain as civil teacher. Therefore they have to be treated as civil teacher and they are bound to discharge duties of civil nature. If there are any vacant civil posts in that event petitioners who are civil teachers can be posted to such vacant posts(of any nature) as a temporary measure until the said posts are filled and till then petitioners should not refuse to discharge such functions. In that view of the matter the writ petition is disposed of.
ramana
26 August 2014 at 22:36
sir, i am a teacher in government school in ap. my wife registered 498a case on me and my family members,which caused judicial custody for more than 48 hours. District educational officer issued orders for suspension for the above said reason. He ordered for the departmental enquiry, which is held, but of no use to me , hence i pushed to go to andhra pradesh tribunal at hyderabad.
my prayer details are "proceedings of suspension is being illegal, arbitrary and set aside same with a consequential direction to D.E.O.to reinstate me into service forthwith with all consequential benefits".
The honorable APAT ordered "the case of the applicant is squarely covered by the order passed in O.A.6286/2013 by division bench of this Tribunal on 26.08.2013." further it added "in view of the circumstances explained above and also following the order in O.A.6286/2013, this O.A. is allowed by setting aside the order of suspension issued by the respondent".
when i sent my represention for reinstatement with APAT order to my D.E.O.,by clasue (C) of sub-rule 5 of rule 8 of the Andhra Pradesh Civil serivices rules 1991, he reinstated me into service pending finalization of disciplinary proceedings and subject to the outcome of the result of the judgement in the 498a case".He has not mentioned regarding my suspension period (7 months)i.e. it is to be considered as period spent on duty or any adjustment to leaves .now my questions are
!)am i eligible to get back wages or not, as per tribunal order?
2)what should be done when an officer issued proceedings to reinstate into service from suspension, without mentioning the suspension period?
3)is my suspension period is regularized or not?
4)if i am not elgible to get back wages what about my annual increments and other benefits , are they postponed or stopped till the judgement in 498a case.
please guide me .thank you in advance
n.palanisamy
26 August 2014 at 22:18
fter death of my great grand father and grant father as only son of my father inherited all the properties. In the life time of my great grant father and grant father after their patition gifted some properties to my step mother. All the transaction are registerd properly. My father and my sep mother has given all the properties to me and my brother equally.Wether the hsa amendment is applicable to my sisters in this 3rd generation
youngbro
26 August 2014 at 22:03
Respected Experts,
Last week was my brother 's second hearing for Mediations and the girl agreed for settlement if we pay the marriage expenses which we did, but today was third and last hearing for mediation an the madam did not show up, Can you please tell me what should be my next steps, we are trying our level best to end this sad chapter,but the opposite party is trying hard to extort money from us. Earlier she demanded 6lkhs then 8lkhs ,We are suffering so much. any tips for me or my lawyer . any help is very much appreciated.
Pradyot
26 August 2014 at 21:41
I want to complaint to supreme court against corruption in consumer court in Mumbai with documentary proofs. I send a registered letter to Registrar Sc Delhi but it was refusd 7returned back.
let me know how to send complaint to supreme court
GANGAM.RAJENDER.
26 August 2014 at 20:52
respected experts
property belonged to the joint hindu property.the family consists of five members along with kartha.
the joint property was disputed and the purchasers LEGAL HEIRS filed the suit(DECLARATION OF TITLE) against the joint family members d1 kartha and d2 elder brother and not impleded other three members (THEY ARE NOT AWARE OF THE PROCEEDINGS INTENTIONALLY THE D1,D2 ARE NOT IMPLEADED)
and obtained the compromised lokadalat award copy in favour of plaintiffs.
Q1.NOW THE OTHER MEMBERS(THREE) OF THE JOINT FAMILY WANTED FILE A CASE AGAINST THE LOKADALAT AWARD AND PLAINTIFF AND D1,D2 AS THEY ARE COLLUDED.IS IT POSSIBLE TO FILE THE SUIT AGINST THE COLLUDED AWARD COPY TO SET ASIDE.
Q2.IF POSSIBLE WHAT ARE THE INGREDIENTS ARE REQUIRED TO FILE A SUIT.
Q3.CAN WE CHALLENGE THE AWARD COPY BEFORE THE HON'BLE COURT.
THANK YOU SIR.
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Mortgage of land
Mr" A "has mortgaged his property to Mr'B' and in that mortgage deed it is clearly written that land is being mortgaged for Rs 20000(this is mortgage without posession type)
But on separate bond paper 'A'acknoledges the receipt of 10 lakhs as he really borrowed that money from 'B'
Now 'A'wishes to get released his mortgaged land with court decree by depositing 20000 in court saying that 'B' is denying to take 20000
Is it possible for 'A 'to get his mortgaged land released without really paying 10 lakhs as it is mentioned in mortgage deed only for 20000
Is there any provision that B can link the mortge money and bond paper money and then only liable to release the mortgaged land