sk..........
24 February 2014 at 10:15
The civil suit filed by me in lower court is dismissed now to file appeal
1- Is it better to file in high court .
2- or should I file in district court.
3- if I file in district court will I have chance to appeal in high court.
Rushikant
23 February 2014 at 23:45
Resp All,
I am in talk with a owner of agriculture land along with a broker who is my friend for purchasing 2 ghunta (2000 sqft) of land for building home.
Now-
1) Tal- Mulshi Dist- Pune
Where we cant buy or make kharedikhat of
less than 11 ghunta agriculture land
2) But the farmer and his all kids and his
all married sisters are too agree with
farmer and ready to sign on the WHATEVER
DOCUMENTS are to be made. They are ready
to sign "Power of attorney" on my name
and "Kool-Mukhtyar-Patra" too.
3) Grampanchayats now dont register newly
built homes and so it wouldnt be able
to start GHARPATTI.
So what is the case?? Is it a safe deal? And if its safe deal... Which "Documents/Papers" should i have to make??? Then where and how could i make it on my name after building home and start GHARPATTI??
Thank you All
Ankit mittal
23 February 2014 at 22:58
Dear Sir/ Madam
We filed a writ petition to MP High court on 3.2.14 in the subject matter of Widening of road of malawa mill to zanzeerwala road INDORE that municipal corporation not to break constructed area on the above road before issuing proper notice and proper survey.
MP high court had given a order on the above WP that no action will be taken before issuing proper notice.
I want to know that what option we have as today 23.2.2014 municipal corporation has marked our premises for demolition(without notice) and announces that we have to demolish the same before 25.2.14.
I want your kind opinion in this matter that what we can do in this short span of time.?
V.N.K. MENON
23 February 2014 at 21:41
Rental/ lease Agreement for 11 months period of one of my property expired on 10th January 2014.
If I renew it today, i.e. 23rd February 2014, by way of fresh agreement for another 11 months, can it be done retrospectively, i.e. w.e.f. from 6th January 2014 and if so what will be its status in the eyes of law, i.e. if any risk is involved.
valued opinion of Experts is solicited, please.
Thanks.
V.N.K. MENON
23 February 2014 at 21:13
BRIEF DESCRIPTION
=================
PROCEEDINGS IN LABOUR COURT: (sequentially)
------------------------------------------
= After cross-examining the w/man the employer vanished and did not subject himself for examination.
= In the next hearing none-appeared for management and was declared ex-parte by the court.
= In the next hearing my advocate as well as other party’s did not appear.
= When I came to know about it, restoration application was filed and it was granted whereas other party vanished / absconded.
= The court gave 14 opportunities /hearings, but Management neither appeared nor applied for restoration.
= Reasoned Award was passed finally after 1 ½ years by Labour court ANSWERING ALL THE ISSUES.
=When notice of implementation was received from the Labour Dept. Govt. of NCT Delhi, the Management woke up and submitted application to Labour Court for review of award. Labour Court rightly rejected it by a reasoned order.
IN THE HIGH COURT
=================
YEAR 2006
--------------
= Employer filed WPC invoking Art. 226/227 on the plea that they were not given notice on restoration application of workman by labour court.
= Main WPC went through adjournment-after-adjournment and NO ARGUMENT TOOK place except 17-B application.
= W/man filed for interim relief u/s 17-B of ID Act which was rejected by Single Bench.
YEAR 2009
-------------
=W/man filed LPA. Division bench passed CONSENTED ORDER granting 17-B. Accordingly Employer wanted to take work from w/man and reinstated him in 2009 in the unit of employer at remote place and an advocate my cousin was looking after my interest.
YEAR 2012
-------------
= When I was given a forced retirement in the year 2012 on attainment of 60 years. It was a forced retirement in the sense that I was discriminated against my (about 20) contemporaries/ colleagues and also in the absence of a retirement clause in service rules / appointment order.
(1) When I was given a forced retirement in 2012 which was RECEIVED UNDER PROTEST, I came to Delhi and inspected the records in the court and found that I was not represented properly.
CRUX OF THE MATTER
-------------------
= I FILED A MOTION TO DISMISSAL OF WPC ON THE GROUND THAT THE W/P IS CLOAK OF AN APPEAL IN DISGUISE, RELYING ON APEX COUR JUDGMENTS, AS THE MANAGEMENT DID NOT USE THE REMEDY AVAILABLE FOR RESTORATION THOUGH 14 OPPORTUNITIES WERE GIVEN BY LABOUR COURT. THIS WAS LISTED FOR HEARING AFTER SAY ABOUT 5 MONTHS.
=In view of the long gap, I, the w/man filed APPLICATION for interim relief during pendency of WPC under 17-B as per the will of statute .
= MOTION TO DISMISS WAS IN ABEYANCE DUE TO 17-B application.
= Therefore, I filed application for early hearing of WPC.
Ground/ cogent reasons (in short):
---------------------------------
(a)Senior citizen; sickness ; (b) no livelihood (c) disablement inflicted during the course of employment : (1) aggravation of breathing problem & (2) hearing problem because of posting at high altitude as I was discriminated from other employees in the matter of winter equipments to withstand severe cold at the place of posting situated at high altitude of 4000 ft. Also No bonafide retirement benefits given which cannot be attached by any court of law as it is protected by Sec.60(1)(g) CPC and ratified by Apex Court in several cases.
**LPA early hearing was disposed off by Div. Bench giving opportunity to approach the Single Bench again with the prayer.
** Accordingly approached Single Bench – judge recused.
** Next hearing before another judge “for admission”: CAUSE LIST (the two applications):
(i) Application in re. regard to MOTON TO DISMISS WPC
(ii) Application for early hearing.
= Judge commented upon early hearing ONLY and taking the version of Management as gospel truth. The truth is that, It is very unfortunate that I got no opportunity to speak at par with the advocates of opposite party. Some time back there was a proposal to video recording all the proceedings but was not implemented for unknown reasons. REALLY TRAVESTY OF JUSTICE. It is pertinent to say point out that Opposite party is believed to have incontrovertible tainted course and conduct including guilty of graft charges. I do not want to elaborate further in the public forum.
IN THE CIRCUMSTANCES I WANT TO FILE LPA and WHAT STAND THE EXPERTS RECOMMEND TO TAKE IN LPA, SO THAT IF IT IS DISMISSED I CAN FILE SLP.
CONSIDERED GUIDANCE / OPINION IS SOUGHT FROM Ld. L/C experts, please. Thanks and regards.
Hitendra
23 February 2014 at 19:03
Dear Sir
I was arrested under 151, 107,116(3)
before 14 month. so i am eligible for govt. employee or not.
kapil kumar
23 February 2014 at 18:27
dear sir
if a pvt ltd company wants to buy 5000acr agriculture land in UP for a project; so what is the process to take permission to buy such land and for which all department
Dharshan
23 February 2014 at 18:19
Hello sir,
I have purchased a house in bangalore number is 105 and next my house there is another house its also 105, but both are registred document,even katha also says 105, only the owner are diffrent, will there be any problem, how do i change the house number of my doucment in sale deed and what is the process.
Lorax Michael
23 February 2014 at 17:56
I joined this company as an Manager operation they gave offer letter for the same.(its the part of a deal which they made with me)
But when my first month completed and I got my salary slip at that time I got to know they made me Asst.Manager and reduce my salary without giving any prior information.
Other wise I wouldn't have join the company,they came to me and want that I should join their company.
After this I have no option but to except the post of Asst Manager where I was not satisfy,I feel cheated.
The ordeal not stop here they started harrsing me one way or other time to time.
Things went in bad shape when I ask the leave for my festival they agreed to it and my senior verbally told me to apply for the same, I did the same.
before leaving they did not approved the leave nor declined it ( I applied the leave on 16th DEC and I went on leave on 21th DEC) they called on the night of my festival and they were forcing me to cancel my leave and join the company.
That was their game plan to terminate me but I refuse and called the HR and told the same thing about the behavior of my superior.
but no one listen to me.
on 13th Jan they were forcing me to take warning letter for false allegation which they made and they want acknowledgement for the same,when I asked some clarification .
They send me on long leave and they send me a letter of termination with more false allegation which I do not except.
I even try to gave the explanation but they don,t answer .
Now I am without job and they have mention a clause in that letter if I try to work in any company with same work mode which I was doing for past 20 years they will file legal action.
I have two girls but no job to support.
I don't know what to do please advise.
Lorax Michael
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Advice reg filing of suit
Neighbour has occupied my land [small portion made construction now
1- should I file suit for declaration and possession.
or
2- should I file sut for mandatory injunction.