Anonymous
05 April 2011 at 20:34
The Supreme Court may reverse, modify or affirm the judgment-decree or order appealed against while exercising its appellate jurisdiction and not while exercising the discretionary jurisdiction disposing of petition for special leave to appeal. The doctrine of merger can therefore be applied to the former and not to the latter.
Query : what does the exact meaning of discretionary jurisdiction says because i am shocked that i the judment give by the SC by this discretionary jurisdiction than it cannot be applied in doctrine of merger ? pls tell whether i am right or wrong ? also how to know form the case law context that the judgment of the SC is form the discretionary jurisdiction ? pls
B.B.R.Goud.
05 April 2011 at 20:13
if the manegement, of any organisation registered under the registration of societies act in india, is not paying the salaries in time, who is the competent person in general?
Anonymous
05 April 2011 at 19:58
when court based its decision on basis of concession, the decision not a binding precedent AIR 2001 SUPREME COURT 1273 "Kulwant Kaur v. Gurdial Singh Mann"
Query : what do u mean by on basis of concession or can anybody give me the context of the case law .
Anonymous
05 April 2011 at 19:43
I a fighting a case in (bombay high court)& a frined of my have give me a case law which was dismissed as it has been written in the last para of the judgment goes in no one's favour & the case is dismissed so i toke that case to my lawyer & he send that we cant take this case as a binding precedent or we cant reliey on his case as it has been dismissed & not in the favour of any one. my lawyer also told me that when any case is dismissed in any court in india it has been said that doctrine of precedent is not applicable to that case because the case is dismissed & not in the favour of any one of the party ? Doctrine of precdent is not applicable to the dismissed case ? is it right or wrong if right can we i have the case law on it which mentioned that dismissed case can be taken as a binding precedent.
thank.
Anonymous
05 April 2011 at 19:40
Hello to all of you...
I need help and good advice regarding the following matter.
My father is a JE in govt org. in delhi.
We have a plot near to our house of around 210sq.mtr.
Features of the plot:-
two side open first road is 40ft wide and other is 15ft.
there is one our neighbour he played roles many times like a criminal...following are the stages which my father faced from his side...
1. firstly when my father was going to build a house on that plot he argued and complained against us in police and gathered many local gundas and threathend my father and demanded 15lakhs rupees or otherwise he will not allow to make our house(even i have a proof while he was asking for 15lkhks)
2. then finally when my father came in tension and he took decision to give the plot to a builder on collaboration.
Now builder has made the flats on that plot according to the agreement..
on ground floor we have 2 showrooms..one is
two side open and other is single side open.
now the problem is the neighbour is not allowing us to open the doors on the 15ft road as his house is just in front of our plot on 15ft road..he is threatening us and even police is with him as we complaint against him, police do not take any steps....
He is nothing by profession....he just threats people and ask for money and that is his life goes on....
Please anyone suggest me,,,,as my father is in big shock and facing many threats from his side...
so please if could any one suggest me legal options so as we could easily get out of this problem....
Thank you in advance....
PeddiRaju
05 April 2011 at 19:23
Hi ,
Please suggest me how to approach consumer court on this. My flat wood work done by SV interiors in 2008 . Last week suddenly the whole kitchen unit was collpased suddenly . My tenent also got injured and The whole kitchen got damazed (Water pipes, Granite work ). This is happened becos they have used small nails for fixing 300 kg box to the wall and not fixed properly. They have not taken minimum standards ,measures to fix the kitchen cabinet. I have contacted them for service , no progress till now.
Currenlty i am located in hyderabad .
Regards
Raju
Anonymous
05 April 2011 at 18:14
sir,
I have been working on contract appointment in grade A officer post for the last six years.I have been getting the 6th pay commision of payband 5400 and pay scale of 15600-39100 with increments and also availing GPF scheme.my extension term ended on feb 2011 . unlike my other colleagues who were gven 3 yrs extension i was given initially for 2 months and an ddtional for 6 months that is upto sept 2011. but by this the institute has given an advertisement for the post that is on contract for another 3 years. so now i am dilema as how will my case be strong enough.
saroja
05 April 2011 at 16:08
Dear all,
I would like to enter into an lease agreement for purchase of agricultural dry land in Karnataka for 25 years for an yearly rent of Rs 1000/- per annum.Is it possible ? if so,
Wt is the procedure ?
Wt is the stamp duty & Reg fee ?
Please reply
Regrds,
Saroja
Nagendra
05 April 2011 at 12:58
Hello Friends,
dispute for flat. between a elder son , father and younger son,
Two separate falt was purchased by two brothers in one Building on the same floor side by side, since the elder son was leaving with the father, Builder put fathers name in the flat as the second person, father did not paid any amount for the purchase of the flat, Also he dont have any kind of payment receipt.
joint loan was executed from a Bank, and the bank loan was on the name of younger brother, since bank found younger brother salary much higher with the elder Brother salary.
Presently Elder Brother salary is much higher, but younger Brother got father into confidence and had executed a deed of assgnment on his name declaring 50% as fathers share without Elder Brother knowledge.
Does father really holds the right to enter into a deed of assignement to get the 50% share of flat tranfered to younger Brother inspite of having younder Brother his own flat without the consent of Elder Brother.
Loan is being paid by both the Brothers, can the flat be sold without the consent of younger Brother / father once the loan is clear ?
do we have any citations on it?
Elder Brother has videos and tapes recorded, where father accepts that he has not paid any money by any means for the flat to the elder Brother/ Builder, and younger Brother also accepting that he had done this purposely to have the 50% cost of flat for himself and make Elder Brother life miserable.
In the present scene younger Brother is not willing to accept any money and is looking for having full flat claming the property Bank loan on his name.
do we have any judgement similar to this above case
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sister want their share
dear sir,
we are a family of four brothers and three sister.
my father expired in the yr 1983, the probate of the will was obtained in 1986, and in the year 1999 the house where we currently live was transferred from my fathers huf to his four sons and my mother, this was done because in the will my father had written that his daughters dont have CLAIM INTREST AND SHARE in his estates in the property(also he had mentioned in the will that he would like to give his 1/6th share in the property to four of his sons). also we had orally partitioned in the year 1999 (we have no papers supporting the same) our house and place where each member would stay though there are no walls supporting the same
now my sisters are threatening to claim their right in the said property because of the amendment in the year 2005, can they do it ?
kindly help as we dont not want them to claim their right
thank you
also please note that the property in question was given my father by my granfather via will