GIRI PRASAD SARMA
12 October 2013 at 15:27
judgement given on 6th September 2013 in 138NI Act. What is the time bound for appeal in District court ? (Time Limitation) It is already over 40 Days....Judgement copy (CA Copies are not recieived)
Sarma
Sanjay
12 October 2013 at 14:51
what is the limitation for selling the assigned property in Tamil Nadu to the following categories?
FREEDOM FIGHTERS
EX-SERVICEMEN
AND OTHER GENERAL CATEGORY
armaan kapoor
12 October 2013 at 14:30
i hve been residing in the premises since nov 2008. hav filed a suit in the city civil court since 30th march 2010 for specific performance of contract to which the reply and the w.s. has been filed. notice of motion is pending for permanent injunction. today i recieve a letter from the advovate of the defendants that they want to evict me n have sent a letter through their advocate that they wer not aware of their rights and are filing an eviction suit.
the defentant has filed an fir against me on 31st march 2010.
pls guide me regarding her right to evict me and the period of limitation, as well as my rights.
in urgent need.
hithen
12 October 2013 at 13:01
Dear Experts
Builder want us to occupy the flat under part OC, currently the construction is halted till 18th floor, he is going to apply for OC to respected authority and he will continue the construction thereafter.
kindly request for your advice.
1)Is it safe to occupy under part OC.
2)As he will be sharing our water,power and lift for additional construction.
3)Which are the certificate we should demand at the time of OC.FIRE,WATER,BMC,MHADA
4)How do we come to know whether the construction is legal.
Any other precaution should be taken while taking the possession.
Thanking you,
Hithen Ghharat
Mohan
12 October 2013 at 12:59
Sir,
I want to apply for Grade A central govt. jobs and state government jobs. But I was arrested and charged with drunk driving but reduced to reckless driving conviction in the USA in 2010. There was no property damage or no harm to people.
Will I be ineligible for govt jobs in india (Group-1 services, UPSC etc.) when the character and antecedent verification is done and while submitting the character certificate?
mohanlal
12 October 2013 at 12:52
Complainant of a maintenance case u/s 125 of Cr.P.C. somehow managed to get a favourable order passed by suppression of important material facts and by playing fraud on the Court. The Opposite party had no knowledge about the said order passed.
For the execution of the said Order for attachments of salary and allowances of the opposite party, the Complainant moved an Application supported with a defective affidavit. In the said Affidavit the Complaint has not mention anything about the averments of the said Application whether those are true to her knowledge or based on records or belief to be true etc etc. She only mentioned in the Affidavit about the last paragraph of the Application where she made few submissions and prayers. Subsequently the said Application was allowed by the Principal Judge of the concerned Family Court.
Later on when the Opposite party came to know about the said Order of maintenance and the execution proceedings he filed a Revision Petition in the concerned High Court. On the date fixed for the payment of the maintenance in the Family Court, the Opposite party also moved an Application, inter alia, seeking a direction to the Complainant to file a proper Affidavit in respect of the Application seeking the execution of the Order of maintenance. The opposite party also brought into kind notice of the said Family Court that he has challenged the impugned maintenance Order in a Criminal Revision Petition in the concerned High Court. The Application of the Opposite Party is pending for hearing on the next date and the complainant’s copy of the said Application is duly served on her.
Since it is almost well settled proposition of law that the proceedings of the maintenance case under section 125 of Cr.P.C. is a Civil Proceeding.
NOW QUERIES:-
1. Whether it is mandatory on the part of the Complainant to file an Application supported with an valid and proper Affidavit seeking execution of the maintenance Order passed in her favour;
2. Whether once the principal Judge allowed the said Application of the Complainant, can she direct the complainant on prayer of the Opposite party to submit a proper and valid affidavit in respect of the said Application;
3. Whether the Opposite party is entitled to get the said relief from the said Principal Judge;
4. Whether in the said execution proceedings which deemed to be a Civil Proceeding, it is mandatory on the part of the Complainant to file Application with a proper and valid Affidavit;
5. In respect of the brief facts of the case aforementioned, Any other and further suggestions/advices to get full relief and justice to the opposite party in respect to said material illegality/irregularity and fraud;
KETAN J SHAH
12 October 2013 at 11:54
Respected Sir's.
One of our family friend who is a doctor has filed a suit in Co-Op court against the society.The court has passed orders in favour of the Doctor.The advocate has taken all his fees and now he is not responding to either phone calls or personal visit by the doctor and society is NOT ready to implement the orders passed by the Co-Op court.
Please advice in this situation what should the doctor do and what is the procedure to change the lawyer.
Thanking you in advance.
gaurav
12 October 2013 at 11:47
as Mr nanda wanted clear query, its here. I want to transfer my case from naib tehsildar to higher court of sdm. MR. sharma had told here it could be done by applying to DM. But there was a judgement by mr bhosreddy in 2008 in a bijnor case which made transfer to concurrent court illegal in uttar pradesh.(ie transfer of case from one naib tehsildar to another). Does it apply in transfer of case to higher court. that order is :Revenue Board delivers landmark judgment
Arvind Singh Bisht, TNN Sep 12, 2008, 04.51am IST
LUCKNOW: In a ruling of far-reaching consequences, the Revenue Board court has declared filing of transfer applications under provisions of the Land Revenue (LR) Act to different courts as 'illegal'.
..
The above ruling was given by member, judicial, Revenue Board, Sanjay Bhoosreddy in a case of Sudhir Tyagi vs Poonam Tyagi of Bijnor, over the title of land. The case came before the Revenue Board after being tossed at various levels, ranging from naib-tehsildar to district magistrate, Bijnor and commissioner, Moradabad division.
While dismissing the application, the court observed if transfer applications under sections 191/192 of the LR Act were entertained on the same grounds by courts of competent and concurrent jurisdiction it would amount to gross abuse of the process of the law. Thus, litigants could not be allowed to have the liberty of misusing provisions of the law to delay proceedings before lower courts on frivolous grounds by filing multiple transfer applications.
In accordance to provisions of the LR Act, transfer applications can be moved under its procedural sections of 191 and 192. These sections are invoked in case the petitioner thinks that he or she would not get the justice from a particular court due to various reasons, including that of prejudices, or undue pressure. This is why the provision for transfer of applications to similar court or superior
KETAN J SHAH
12 October 2013 at 11:47
Respected Sir's
The LL (who is the defendant) has filed an RTI with Building & Proposal Dept Eastern Suburbs Mumbai on 5th Sep 2013. No fater one month and 7 days he has not received any reply to the RTI filed. On inquiring with the department personally he was told that NO records are found either of the applicant nor on whome the RTI is filed.
The matter is in the City civil court and production of papers is very important.
What should the LL do 1) wether write a letter to the concerned dept or should he ask for the papers from the plaintiff with the permission of the court.
Please advice.Thanking you in advance.
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Property rights
Hi, I want to discuss about a property, my own house in New Delhi which I sold back in 2005 (2nd floor). I sold the floor with a clause in the sale deed, SECOND FLOOR WITH ROOF NO CONSTRUCTION, as we are only two people in the family.. We never thought of needing such a big house. But my lawyer insisted while drafting the deed to include this clause, so no one can make further construction in the future.
NOw issue is the owner wants to built 3rd floor and he keeps on fighting that roof belongs to him, but it's specifically written he do own roof but no construction.
We own ground and first floor.
I want to ask few questions?.
1) is it legal that he can make construction while it is written WITH ROOF NO CONSTRUCTION. because he harass us saying now the rules have been changed and thus it over rides the above statement and he don't need to obtain an NOC or any sort of paper work. Are these law retrospective?
2) last year when I went out of delhi for few days to attend a marriage, he erected a temporary room or construction of plastic sheets with steel support and also covered the stairs and made a small room. He also had a steel gate in the way denying us the right to go upstairs. He also refuse to give us the keys. can he do that if he owns SECOND FLOOR WITH ROOF NO CONSTRUCTION?
3) how can we get that temporary room in stair case and on the roof removed, I mean how to process the complaint and to whom?
I will be retiring soon and i want to settle this because I don't have the power or time to fight with them. They harass us all the time. after every few weeks they come with new plans and strategy. in fact our neighbours has also erected 3 floors but they are not following hence I guess they also know they can't construct but they keep on harassing us, it's so annoying. kindly give your advice as how to deal with this situation.
Thanks in advance for your advice and precious time.