MADHUSUDAN G R
02 April 2018 at 00:00
A PIL was filed before the Hon'ble High Court of Karnataka in 2012 by a Residents Welfare Association i.e., the Petitioner, against a Charitable Institution, the 1st Respondent, which had constructed a high rise building by violating all the conditions of grant of free land to it and zonal rules and regulations. The Bruhat Bengaluru Mahanagar Palike (BBMP) which was arrayed as the 2nd Respondent filed two affidavits acknowledging all the said violations committed by the 1st Respondent. The 2nd Respondent i.e., BBMP vide its two affidavits filed separately - one by the Commissioner and the other by its Head-Legal Cell stated that they have already taken appropriate steps to recover possession of the premises and would abide by any order passed by the Hon'ble High Court of Karnataka. Their learned Councils also promised to take prompt action in that regard. Based on the affidavits filed, the Hon'ble High Court of Karnataka was pleased to dispose of the petition during the year 2015. Even after three years of the said order, the 2nd Respondents i.e., BBMP has failed to take any action till date.
The point to be noted as per Section 11: Public Interest Litigation, it is is held that if relief sought in the previous and the subsequent proceedings are substantially same and the cause of action in both the proceedings are same, the previous decision would operate as res judicata.
But there was no previous decision/order. In other words, the petition was 'disposed of'. Hence, invoking the provisions of Contempt of Court may not arise.
Under the above circumstances, whether Res judicata is applicable? If so, under what Order and Rule of CPC, the application is to be filed again before the same Hon'ble High Court of Karnataka, seeking specific order within a specific time frame.?
Anonymous
01 April 2018 at 23:29
My aunt is having extra material affair with a guy who is already married. Twenty-five year has passed of her marriage. My uncle doesn't knew all this things. My aunt and his mother made my uncle's life hell. she is torturing them to commit sucide and prove that they have made her to do that.
I have some screenshots of Facebook chat, telephonic conversation and some photos. is that enough to prove her guilty.what Will happen if she make some allegations on me for taking revenge.
Please help us on this critical situation
surendra
01 April 2018 at 23:14
Recently i won a case of writ B in high court of Allahabad and before 8 years ago same judgement was made by District court(DDC) in my favor but party is crazy i doubt he may still try for any other court. this took 8 long year i am worried because now planning for construction. question is where he can go against this order and is there any way he could get stay order. Plese suggest what should i do to avoid all this again.
Thanks in advance..
Regards,
Surendra Yadav
Anonymous
01 April 2018 at 23:04
Sir,
My friend, a bank officer, got reinstated after almost five years of dismissal as the honourable high court quashed the dismissal for conducting enquiry in contravention of guidelines and ordered 'reinstatement without backwages'. Now, I would like to ask respectable experts, will he get continuity of service and how his pay will be fixed and whether he will get notional increments and promotions?
Providing a reference to latest judgement of honourable apex court will be a great help.
Regards.
Mukesh
01 April 2018 at 20:33
Sir,
Please advice me regarding the following issue:
1. One of the firm in Ahmedabad (Roller Flour mill) took term loan of Rs.2.50 crore from GIIC, Ahmedabad in 1996. During 2006, GIIC has filed a civil suit for recovery of dues to the tune of Rs.11 crore.
2. BIFR has declared the unit as Sick Unit 2. I have given personal guarantee.
3. In the details of property column, the details of property which is given is dubious. Neither I have submitted any papers related to my property.
4. In fact, i was an employee working for the company. But he made me as Director (on papers).
5. As on date, I dont have any property. But I am a Govt. employee. Please advice regarding the legal implications on me.
nalini
01 April 2018 at 20:31
My succession case has been going on since last 20 years in Mirzapur, Civil court. I have a registered will and the final hearing was done 2 months ago. The magistrate is delaying the judgment. She gives a date and says that she has written half of the judgment but has not completed and given it yet. What action can be taken against her or to speed up the process.
anu radhalll
01 April 2018 at 18:57
Sir ,it's land suit case.we are not cultivating persent..
1993 consent decree passed and also judgement comptd 1993.
Actual in that decree my grandfather is defendant.( Defendant -my grandfather is died right now).
Actually - my grandfather not went to the court in 1993.even consent decree passed..
I went to court asked for certificate copies in that written statement missed somewhere.
Vakalth and judgement --my grandfather name is there but grandfather father name written wrongly (some other name)
Now can I appeal decree??
Sunny Bangalore
01 April 2018 at 17:37
Hi, my father passed away a few years back and left behind 2 houses in Hyderabad and Bangalore. My mother has been solely enjoying both properties though both properties still continue to be in my fathers name and we did not obtain any legal heir certificate or divide the immovable property.
She has recently passed away leaving behind a will for her portion of the property. Is she able to do so or did she have only life interest in the property. Would a will written by her be valid?
Thanks
Rasheedkhan
01 April 2018 at 17:01
Dear Sir, We filed SLP at Supreme court of India, SLP dissmiised and order is : we find no reason to entertain this petition. Is it possible to submit review petiton at High court or?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Filing for divorce
Hello i got married in oct 2017 after then my husbands behavoir was totaly changed.He is not intrested me and i m staying in my laws home with mother -in -law.My husband is working in other state and didnot stayed with me giving some lame excuses.Now i came to know that he is having and illicit relationship with a married woman and is also taking drugs.So what should i do first.Should i firstly complain in women cell? Because i heard that i cannot file petition for divorce that will be done after 1year of marriage.He tortured me mentally sometimes physicaly too.