Anonymous
18 August 2017 at 17:54
in this case I have to prove my client or appellant innosent in favour of nuisance
¶ 9. In March 2015 the World Health Organization's International Agency for Research on Cancer classified the herbicide glyphosate as "probably carcinogenic in humans" based on epidemiological and other studies.
¶ 10. Mr. Nikhil Joshiowned60 hectares of farmland outside Pune. In 2013, Mr. Joshi first planted Roundup Ready canola on part of his farmland. Seeing how well it did, and how well he could control weeds with glyphosate in that experimental plot, Mr. Joshi converted all of his production to Roundup Ready canola in 2016.
¶ 11. Ms. Aparna Kumar inherited 60 hectares of farmland after her mother’s death in 2014, which land was across the street from Mr. Joshi’s land. Her mother had grown canolaon the farmland. After her mother’s death, Aparna converted the farm to certified organic canola and diversified production by planting grape vines. The production of canola increased by 10% per hectare after Ms. Kumar took over.
¶ 12. Over time Mr. Joshi and Ms. Kumar began to disagree about whether genetically engineered or organic canola plants were more productive, produced a superior product, and were better for the soil.
¶ 13. One day in May 2016, Ms. Kumar woke to find most of the canola plants on her land brown and desiccated. Mr. Joshi had sprayed his Roundup Ready canola crop with glyphosate the day before, which day had been windy. His canola plants looked fine. Ms. Kumar lost 75% of her canola crop. The 25% that remained were those plants closest to the land of Mr. Joshi, and Ms. Kumar surmised that they were in fact Roundup Ready migrants from Mr. Joshi’s land. The grape vines on Ms. Kumar’s land lost their leaves and died. Ms. Kumar lost her organic certification.
¶ 14. In a published interview that was requested by a reporter from the Pune Times, Ms. Kumar said “That so-called farmer Joshi killed my grape vines and my canola plants. He destroyed the farmland that my family has worked for generations. His canola oil is unsafe and will kill people, too. It is time we stopped exploiting Mother Earth and damaging our neighbors, ourselves, and all of creation in the process.”
¶ 15. Several of Mr. Joshi’s customers voided their purchase contracts for his canola oil after they read the article. Mr. Joshi also got several new customers shortly after the article was published as well.
¶ 16. Ms. Kumar filed a civil suit against Mr. Joshi in District Court. She sought compensation for the damage caused to her grapes, canola, and farm certification. Mr. Joshi counterclaimed for defamation and damages.
¶ 17. By judgment delivered in May 2017, the District Court issued a judgment in favor of Ms. Kumar on the damages to her land, awarding her Rs 99 Lakhs and for Mr. Joshi on the defamation claim, and awarding him Rs. 99.
¶ 18. Mr. Joshi appealed to the Bombay High Court and the final hearing has been scheduled for August 30, 2017.
BHAWNA
18 August 2017 at 17:18
if Company files resignation of one director out of two and the appointing another director few months later, then As per the Law it is violating Section 149 of Companies Act, 2013. Any way to safe the Company for that months?
Jasmine
18 August 2017 at 16:45
Sir mere husband ne divorce case lgaya tha.aaj woh present ni hue .judge ne case dismis kr diya.kya iska koi benefit mujhe mil skta hai? Kya woh dubara application de k open krva skte hai case?.ya case dismis hone par ab woh divorce nai le ske ge?plz reply
Jasmine
18 August 2017 at 16:39
Can u tell me agr judge divorce case dismiss krde to iska koi benefit respondent ko mil skta hai?divorce case petitioner ki tarafse lga ho.
Manoj Choudhary
18 August 2017 at 15:50
In Nutshell:
A wife left home and gave a complaint to police against husband and his family.
Mediation proceeded but during mediation, she approached ilaqa magistrate under 156(3) but with different allegation and resultant FIR got registered. (The complaint given to police was still in mediation cell)
Husband got bail and other family members excluded from FIR by DSP( Charge-sheet filed against husband only)
Now what to do?
1. Contradiction of allegations in complaint to police and complaint to magistrate
2. Prior to complaint the wife has given a statement before police against her own mother regarding interference in
her married life
3. Police has not included the complaint given during investigation.
4. The status of the complaint given to police is still not known to the husband(though FIR has to be registered
normally)
Please suggest (I have filed and application under 156(3) for fair investigation to ilaqa magistrate but the same dismissed being premature)
Goapl Garg
18 August 2017 at 15:45
My father is is 83 years old and suffers from verious, serious Cardiac Ailments and is under medical attention since last 18-20 years(records available) He is specifically advised against stress-mental & physical, Exertion, Long Journey and is advised to move on same floor only to his capacity. He has been named as a witness in a criminal case arised out of forged sale of ancestral property by his brother to some outsider and a compalint has been filed by one of co-sharer.My father, though a co-sharer, did nothing, never visted the place or not plaintiff and respondent.Upon receipt of summon he went to far away in small town court at Rajasthan with our personal company & assistance but could only complete his statement before Public Prosecutor which were recorded and signed.Owing to very proactive atmosphere and deliberate provocation and tactice of defense lawyer he could not withstand and fainted inside the court and had to be admitted at District Hospital. Now one date is passed.Another date is approaching.The Opponents are threatning with issue of warrant against him.He is only a witness. What to do ? Very anxious...please
Anonymous
18 August 2017 at 15:26
I have purchased a flat on GPA system and get register the GPA in registrar office delhi , i have done full payment and he promise me to handover the flat in 7 days but after one month past i locked by flat with the incomplete work now he has stopped the work and basic facilities are missing from building i.e water and electricity he is doing construction work is very slow in rate now i am afraid that when he will complete his work and whether i have to shift or not.....basic is that i want to save my full payment please advice me how can i get the flat or my full payment back. poonamsingh160184@gmail.com
Vinisha Pillai
18 August 2017 at 14:56
Is there any provision under the MHADA Act which compels the developer in a Permanent Alternative Accommodation Agreement to give either furnished or bare shell flats only?
In case the answer to the aforementioned question is negative, is there any case law enlightening the same fact?
Rashmi
18 August 2017 at 14:37
Hello sir, I am a student.
Last month I have taken my classmates sim card to use and before 2 days she filed complain against me that I was using her sim card without her knowledge. But that was only complain not FIR and I haven't told my family mambers anything about this and I have also returned her sim card to her yesterday. Now she has given in written that she does not want any action against me.
But sir I'm very scared.
Will this affect me if I apply for any government job?
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Help in section 125 maintenance case
Hi, Pls advice. One of my known has filed a case under section 125 for maintenance from her husband. She has given evidence in court which was also crossed by the lawyer but the initial petition I hope was in the form of affidavit (it was on plain papers in para mentioning the reasons that her husband compelled her to leave him). Now after all witness and evidences the opponent lawyer has given some references of old cases where he has mentioned that in sec. 125 summon process of evidence is not followed and it should not be in the form of affidavit. Pls advice.