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Dr.SAAIE KB   11 September 2023 at 01:59

Civil miscellaneous application

I am a senior citizen and wish to avoid traveling.

I request the learned community to help me by posting format or template of Civil Miscellaneous Application and Criminal Miscellaneous Application of H'ble High court of Andhra Pradesh.

In an Interim Application the first appellate ADJ dismissed my petition under Ord XXXIX CPC seeking interim injunction. Now I am considering to go in appeal to High Court under section 39 of Specific Reliefs Act. So I want to see the format of appeal petition. The case is a bit complicated to explain in detail here. There are 5 defendants and D1 to D3 are proceeded ex prte. I signed agreement for sale with D1. D1 sold suit property to D2&D3 after filing suit for specific performance. D2&D3 sold to D4 & D5 that is hit by lis pendency- an issue framed by trial court. But the trial court in it's judgement did not touch the issue framed by it. But partly decreed in my favour ordering D1 to pay back my money with interest- ₹25 lacs. Now a new situation cropped up. D1 is insolvent. How to solve the issue of lis pendency? Now I want a lein on disputed property. D4&D5 have no locus standi legally to claim the disputed property though the disputed property is registered in their name by D4&D5.


Kindly help.

Regards and thanks.

Dr.SAAIE KB   11 September 2023 at 01:19

Criminal miscellaneous application (crmp)

A sessions trial court has ordered in a CrMP (Document Petition seeking to allow the letter from PIO under RTI Act to be considered as evidence in pending discharge petition u/s 227 CrPC) to prove the genuineness of PIO letter but allowed the CrMP. But Section 23 of RTIAct prohibited courts of any proceedings on any order under RTI Act. On the other hand, summoning witnesses of accused in discharge petition is also not permissible(PIO in this instance). That means the accused cannot prove the genuineness of PIO letter. Now the accused wants to bring this legal infirmity on record of the case and ensure that the PIO letter is considered as primary evidence in the pending discharge petition. How to file a fresh petition seeking the relief of exemption of proving genuineness of PIO letter.

I shall be grateful to the learned community for guidance.

Thanks

Sai KB

VISHAL RAJENDRA KIRAD   10 September 2023 at 14:49

Recovery of money

my client make an agreement of purchase of flat and seller of flat agreed to pay the TDS against consideration on behalf of my client but the seller had not paid the said amount of TDS

Now my client suffered and received TDS intimation and income tax notices for payment of TDS and now my client has paid the TDS amount and my client want to recover this paid TDS amount with interest and penalty on TDS payable to income tax department

which section and act is applicable to file the suit against seller

Anonymous   10 September 2023 at 10:44

Unfair means

I am debartted in pg M.Sc 2nd sem
so for appling for government on the basis on my gradutation. in the application for they asked for
If your are debarted in college examination . what should say yes/no.

Riya   10 September 2023 at 08:59

Transfer of property of deceased tenant

My father was a tenant in a pagdi property in mumbai but my father died 2 years back . The property is in talks for a redevelopment after a 5-6 years.Landlord is asking to pay a huge amount to get the name transferred in my mother's name.Will the redevelopment directly transfer the property to my mother's name or do we need to get it transferred it my mother's name by paying the amount to the landlord before the redevelopment ?

Anonymous   09 September 2023 at 23:07

Sealed cover procedure in promotion

Dear Sir,
DPC decided my name in the list successful candidates to my promotion to next cadre in Bank. There was no pending disciplinary case or criminal case including issuance of charge sheet at time my name was declared in the list of successful candidates. The effect of promotion as and when vacancy arise. Immediately I have got transfer memorandum with the designation of promotion as declared in the circular. Due to sickness,I cound not join at the office to which I was transferred . I produced medical certificate for sick leave as per rule. But bank did not accept it . Once against my complaint of discrimination on transfer matter ,head office confirmed my transfer on my promotion on administrative ground without discrimination. Now ,they are not allowing my promotion stating that my case is a sealed cover procedure. Kindly explain the position.
Regards
D Behera

Digambar Behera   09 September 2023 at 23:02

Sealed cover procedure in promotion

Dear Sir,
DPC decided my name in the list successful candidates to my promotion to next cadre in Bank. There was no pending disciplinary case or criminal case including issuance of charge sheet at time my name was declared in the list of successful candidates. The effect of promotion as and when vacancy arise. Immediately I have got transfer memorandum with the designation of promotion as declared in the circular. Due to sickness,I cound not join at the office to which I was transferred . I produced medical certificate for sick leave as per rule. But bank did not accept it . Once against my complaint of discrimination on transfer matter ,head office confirmed my transfer on my promotion on administrative ground without discrimination. Now ,they are not allowing my promotion stating that my case is a sealed cover procedure. Kindly explain the position.
Regards
D Behera

Iqbal Sayed   09 September 2023 at 18:23

Plot amalgamation for redevelopment

Can a Society give NOC , without getting DA Registered ,

NOC Required for Amalgamation of Plots agreed for Redevelopment

Anonymous   08 September 2023 at 21:14

Accident case conviction and jail

what will happen if criminal appeal against IPC 338 is dismissed. Does the accused sent to jail immediately or will he get sometime to go to high court.

Ranbir Khaitan   08 September 2023 at 18:37

Arbitration matter

Dear sir ,
I had purchased one vehicle on loan from bank and three months after purchase the vehicle faced an accident following which i could not pay my emi to thebank the insurance company denied the claim than i filed one case against the insurance company making bank also the party in the said matter the bank and the insurance company both contested the case in the mean while the bank initiated the arbitration proceeding while the matter was pending in consumer forum the consumer
forum ordered for physical verification of the vehicle to order insurance company to repair the vehicle but the bank repossess the vehicle and sold it at a meagre price
After selling the vehicle the bank has further given me a notice to pay remaining amount of 5 lakh to the bank when the value of the vehicle was 7 lakh now what should i do please help