Sadanand bhisaji Panchal
07 March 2023 at 14:44
Respected Experts,
I am residing at Room No.3 in ground floor patra Chawl. In the year 2013 the lady occupying room adjacent to my room illegally started construction of Ground plus first floor cutting my kaula roof with the effect my roof got damaged and there was heavy leakage of rain water inside my room causing short circuit. Therefore, I lodged complaint with the Building & Factory of BMC with the effect, the Designated Officer of the Department issued a stop work notice under Section 354 A of the MMC Act to the lady. As the construction was not stopped, the Designated Officer with his employees on 14.06.2013 demolished part of the first floor, but the walls of first floor intentionally hammered to destroy my entire roof. On the contrary, the lady having nexus with the officers of the Corporation reconstructed the demolished first floor and the Designated Officer issued Notice under Section 488 of the MMC Act against lady and then lady filed a collusive suit and taken out Notice of Motion in the Mumbai City Civil Court against the Defendant Municipal Corporation challenging the said Notice. Advocate for the Corporation did not file Reply to the Notice of Motion for four initial adjournments, therefore the court on 10.03.2015 passed order against the Corporation directing not to implement the Notice of 488 till next date as such the said Order (E. O.) was extended till every adjournment. When I filed Chamber Summons to implead myself as party in the suit and on same date the Advocate for Corporation filed Affidavit-In-Reply, Demolition Report with Photographs to the Notice of Motion and thereafter, the court allowed my Chamber Summons. On 20.09.2016 when I was remained absent, the Advocate for Plaintiff lady without any Application obtained Order of interim injunction from the court till further Order though the Plaintiffs Notice of Motion was not finally heard. Being aggrieved by the said Order, in the year 2017, I preferred Application under Order 39, Rule 4 praying for setting aside the Order dated 20.09.2016.
It is important to note that the Hon’ble Supreme Court on 15/10/2022 passed Order in the Miscellaneous Application No. 1577 of 2022 in the matter of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. v/s Central Burao of Investigation ruling that whatever stay has been granted by any court including High Court expires within period of six months and unless extension is granted for good reason. Thus, from the said date 15/10/2022, the Plaintiff failed to obtain ad-interim relief after hearing above Notice of Motions. Therefore, the extension Order (E. O.) to the earlier Order dated 10/03/2015 was automatically vacated after six months from the date 15/10/2022. Therefore, I taken out Application Ex.7 in the court praying to vacate the stay Order dated 20.09.2016 which was merged in the earlier Application under Order 39, Rule 4 by the court. After hearing of the parties, the court on 04.03.2023 passed Order rejecting my both Applications under Order 39, Rule 4 and Ex.7 on ground that I the Defendant No.2 is not made out prima facie case to cancel or vacate the ad-interim protection order granted in favour of Plaintiff.
In the above case, the fact that the Plaintiff by suppressing first floor was already demolished by the Municipal Corporation on 14.06.2013 filed the said suit pleading on oath that the suit premises was in existence since prior to 1961-62. Advocate for the Municipal Corporation being State of Maharashtra also filed Affidavit-In-Reply, demolition Report dated 14.06.2013 with colour photographs and Police Report stating that the first floor of suit premises was demolished on 14.06.2013 which is prima facie case made out by me at the time of arguments pointing out the said record. My Application under Order 39, Rule 4 includes photographs of demolition, how my roof destroyed. In spite of this the court rejected my Applications.
In the above case, another fact that after pronouncement of Order dated 04.03.2023, I pointed out the Court why another Application Ex.7 was not entertained where I have cited Reported Order and judgment passed by the Hon’ble Supreme Court ruling that whatever stay has been granted by any court including High Court expires within period of six months and unless extension is granted for good reason. The court answered that the judgment is not binding to the court.
Kindly inform me-
1) whether the Order and judgment passed by the Hon’ble Supreme Court is binding upon all lower courts in the territory of India as per Article 141 of the Constitution of India.
2) What to do in the matter of Order dated 04.03.2023 passed by the City Civil Court rejecting my both Applications.
Thanks in advance,
Regards,
(Sadanand B. Panchal)
Nithyan g
07 March 2023 at 10:36
How to get Child visting rights/Custody from SBI bank officer, since she was always moving this branch working location & living home every 6 months. Home Court jurisdiction was Tambaram, But now she applied for transfer & shifted to Comibatore. Also she was shifting this home & location every 6 months or 1 year in order to avoid see the 5 years child. if this condition means Which Family court i need to file a petion to get Child visting rights/Custody or is it possbile to file a petition at chennai High court for above scenario?
Athi Vishal HD
06 March 2023 at 15:32
Respected Sir/Madam Iam working as Manager in Karnataka State Govt. Since I have serious family issues I applied for VRS. But my wife opposed it and filed OS in family court under Code of civil procedure order 7 of rule 1 & 2 by mentioning me and my office as defendant 1 & 2 praying that direct concerned to not to accept VRS and not to disburse any service benefits. Court has granted temperay injuction order as requested by wife. But as per my knowledge family court has no jurisdiction and power in service matters and it has no power to interfere in my VRS matter. To do job or not is my right. No one can direct me to do job. pl advise me to comeout from this situation. Thanks in advance
devansh singh
06 March 2023 at 13:55
Can the concept of no intention to kill used in this judgement can be used by criminals as a loophole for commiting murder For example: if A wants to kill B , then A will first instigate B by abusing him or any other thing then will hit him with something to make B unconscious then will hang him with rope to show it as a suicide .Then he will plead in court that he had no intention of killing B and thought he was already dead and he was trying to creat false evidence Please first read summary of case given above
Read more at: https://www.lawyersclubindia.com/forum/loophole-in-palani-goundan-v-emperor-1919-ilr-547-mad--228396.asp
Anonymous
06 March 2023 at 01:23
Dear Sir,
Before sign the loan agreement rate of interest was 8.65 % but I requested revised loan agreement letter because insurance charges was higher side and I wanted to reduce the same.
Banker came with revised letter and taken my sign very hurry on the same before read the loan agreement by me after that I received the disbursement letter with 8.75% rate of interest which is higher than previous rate.
Please assist how can solve this issue.
Thanks
Anonymous
05 March 2023 at 21:42
can o take stay on property falling under red dora(red line )in a village of punjab
Vasudevan
05 March 2023 at 16:26
Respected Learned Expert(s), I am running a hardware shop (trading activities) with 12 employees at Puducherry (Pondicherry). Whether, ESI Act apply to my shop? Kindly advise me.
Surya
05 March 2023 at 14:34
Dear and Respected Sirs,
My Grand Father and Grand Mother(Fathers parents) has 3 sons and 1 daughter. I am the son of elder son. My father died at my early age. While doing partitions of the properties, my grand father gave two plots to two sons.
(Other than my father) and they constructed houses in them and living happily. Now for my father and daughter( my fathers sister) my grand mother registered a will partitioning a house on my name and my fathers sisters name. For my father we are two, me and my sister. Since the will has given on my name, I invested my money on the house and modernized. I was paying taxes on the house since about 30 years now. The mistake i did was like I have not changed the name of my grand mother on the power bill. Now after this many years, the younger brother of my father called me on phone asking me to return the will( registered by my grand mother) of my grandmother as he got a will which is on subsequent date. I told firmly that I can not return it as the house is in my procession since 30 years. He was saying the subsequent will which he got is on my sisters name. and not my name. most importantly , during our education, me and my sister applied for an educational loan where it was given clearly that i am the owner of the house with extent value.
Out of all these, there was a name spelling correction in my tax bills which was coming from a long time.
I requested the corporation authorities to correct the name spelling, but in response to this request the corporation authorities ( may be influenced by my fathers brother) did a fresh mutation on my spelling mistake name to proper name.
Now my question is do I need to keep this mutation or request them to revert it back? After the mutation my name is appearing properly but as this is a fresh mutation I am not clear that in future do I get any issue out of this.
If I ask for revert of this mutation, my name will go spelling mistake and again I need to ask for name correction.
Is it correct to do mutation ( Title transfer of property) from wrong spelling name to correct spelling name. Kindly advice.
As it is a fresh mutation, is there a chance for my sister to come forward and apply with the later date willl and took over my property ?
I m completely tired of looking for a lawyer advice and now posting this issue here.
Kindly advice and help me to keep this only property I have.
Thank you.
Anonymous
05 March 2023 at 14:13
Hi,
I was paying tax bills on my house since 30 years now. But the name on the tax bills was appearing wrong mostly. Some bills with correct name also are there.
recently I requested corporation authorities to correct my name on the tax bills which was a spelling mistake in Tirupati.
But they executed Title transfer of the application from wrong name to right spelling name...
Is correction of Spelling mistake of name on Property tax bill and Mutation( Title Transfer) both are same?
Do I get along with these property mutation as is or should I ask for revert of this mutation and do any other process to correct my name? Please advise
Do I get any issue becoz of this in the future?
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