Venkata Krish
23 April 2015 at 15:19
Dear Sir,
I have filed a case against builder in district consumer forum hyderabad for not handing over the flat on time and the case stage is at evidence affidavit of opposite party. As of now two IA's are penidng in the court. Need your advice on that.
One IA is i have asked the forum to appoint an advocate commissioner to inspect the property as the builder locked the flat and not allowing us to enter the flat and abused us in a phone call. But judge is saying that forum is not having limits to appoint advocate commissioner and asking us to visit the premises and take the photos and submit the same. what should i do here? IA is not yet dismissed.
2. The builder has delayed the construction abnormally and he supposed to hand over by May 14 but till date its not handed over. Builder did not add any penalty clause in the agreement incase of delay. what should i do? will Forum have rights to grant releif even though clause is not included in the agreement of sale?
Request you to suggest on the above two queries i have.
Thank you.
sandeep
23 April 2015 at 14:55
Hello experts,
I seek your advice on this query please.
I filed divorce case in sept 2008 and then after 2 months she filed cases against me 125, 498a and domestic violence, in that order.
I won divorce, 498a and domestic violence cases and 125 order came at last. despite me proving her wrong in all other cases, learned court order a huge sum as monthly maintenance to her.
order was dated 28 Mar and I got certified copy only on 17 April 2015. I need to know if and how can I go for a appeal against it? is there a time limit to file it? does it go as appeal or as revision? what are the underline differences between two? Please do revert if I need to give more details around it.
Thanking in anticipation.
Regards,
Sandeep
sagarselarka
23 April 2015 at 14:12
I DEPOSITED CHEQUE WORTH RS. 1.5CR, WHICH WAS BOUNCED BY THEIR BANK WE GOT INFORMATION THAT THERE WAS BALANCE OF THAT AMOUNT BUT TO BOUNCE THE CHEQUE THEY WITHDRAW SOME AMOUNT AND CHEQUE WAS BOUNCED.
1) WE REGISTERED CASE AGAINST THE PARTICULAR CLIENT IN LOWER COURT NOW THE ISSUE IS WHENEVER THERE IS DATE IN COURT CLIENT DOESN'T ATTEND IT AND WHEN COURT PLANS TO MOVE FORWARD WITH THE CASE CLIENT CHANGES THE LAWYER DUE TO WHICH MORE AMPLE OF TIME GETS WASTED. (WE HAVE EACH AND EVERY PROOF REGARDING THE TRANSACTION DONE)
2) CLIENT REGISTERED CASE AGAINST ME IN HIGH COURT STATING HE DOESN'T KNOW ANY COMPANY OF MINE, WE ARE FRAUD AND NO MONEY IS OUTSTANDING BUT HERE ALSO THERE IS AN SAME ISSUE LIKE HE NEVER ATTENDS THE HIGH COURT AND WHEN PROCEDURE IS GOING TO BE FORWARDED HE CHANGES HIS ADVOCATE
THIS PROCEDURE IS FROM LAST 8 YEARS AND STILL CASE IS STUCKED.
I THIS CASE WHAT THINGS i CAN dO IF ANY OR MY LAWYER CAN DO PLEASE HELP ME
Sanjeet Kumar
23 April 2015 at 14:01
Brief Facts of the Case:
i) M/s Company X is a Public Sector Unit with Nine Production Units. In addition, Company X has established two Laboratories Y for R&D purpose. The executives of Y constitutes a Separate Cadre and are governed by separate Service Rules. In Short, the Service Rules for executives of X and executives of Y are substantially different. In fact, the service benefits of executives of Y are much superior to the service benefits of executives of X.
ii) In October 2010, I was appointed as Member (Research Staff) and was posted to Y. Subsequently, in January 2014, I was transferred from the post of Member (Research Staff), Pay Scale 16,400 – 50,500, in Y to the post of Deputy Engineer, Pay Scale 16,400 – 40,500, in Production Unit of X. In this way my Cadre and Service Rules was changed by means of Transfer. I was transferred and relieved within a day without any exigency. Since I was relieved within a day, in the interest of discipline I had complied with the transfer order and joined duty as a Deputy Engineer.
iii) Having my service condition altered substantially, I challenged the validity of Transfer Order through a Writ Petition before the Hon’ble High Court in May 2014. In October 2014, Hon’ble Court had issued Rule/admitted WP.
iv) Subsequently, I moved Interlocutory Application for Interim Order of Stay of the transfer order. In that IA, I had prayed for grant of interim order of stay of the transfer order and permission to rejoin duty as a Member (Research Staff) in Y. This was what the final relief sought.
v) In December 2014, Hon’ble Court was pleased to allow the IA and had granted the interim order of Stay of the transfer order with observation that “the transfer order is illegal, ex-facie and thus calls for interference”. That means, the Hon’ble Court had granted the interim relief which tantamount to the final relief.
vi) Subsequently, I sent four representations to the CMD and requested to comply with the Interim Order. The Company has not responded for any of my representations.
vii) Having no other option, I filed Contempt Petition (Civil) in March 2015. Hon’ble Court has ordered notice.
viii) After filing the Contempt Petition, I came to know that on in January 2015, the company filed the Writ Appeal and has also moved IA for Stay of Interim Oder. But Company has never requested for hearing of IA and so the Appeal has not been posted for hearing even once. That means, company has not taken Stay of Interim Order.
Queries:
1) As mentioned above, I was transferred and relieved within a day, so I had complied with the transfer order in the interest of discipline. Having complied with the transfer order and then filed WP and got interim order of Stay of transfer order, what is the legal validity and effect of Interim Order of Stay of transfer order?
2) In my IA for Stay, I had only prayer that Interim Order of Stay of transfer order to be granted and I shall be permitted to join duty as Member (Research Staff) in Y. The Hon’ble Court has fully allowed the IA and ordered the Interim Order of Stay of Transfer Order but has not specifically mentioned that I shall be permitted to join duty as Member (Research Staff) in Y. Since the IA has been fully allowed, does the Interim Order mean that I shall be permitted to join duty as Member (Research Staff) in Y?
3) Since the company has filed Appeal but has not taken Stay of the Interim Order, what is the legal validity and effect of the Contempt Petition?
4) The Company has filed the Appeal but has not requested for hearing even once. The company has not communicated the same to me even after submitting four requests to comply with the Interim order. That means the company has been simply waiting for the contempt petition to be moved. In this background, what is the propriety or legal validity of the Appeal?
Kindly reply to all of the queries pointwise. I also request you to kindly provide the reference of Supreme Court decisions or any other established law in support of your answer. I will be thankful to you.
mohan kumar
23 April 2015 at 13:31
Hello,
please let me know the procedure for obtaining of claim form settled by Bank in favour of concubine. I am the legal heir and Bank is not giving any information.
I have strong evidence of having deposits with Bank i.e. We have filed for partition suit and we got information from income tax officer about the IT returns certified copy obtained from court
mohan5158@yahoo.in. please
Bunny
23 April 2015 at 13:27
Hi Sir/Madam,
If the case already running Section 12 HMA( Nullity of Marriage) file by the groom against her wife with the available evidence, pls confirm the below queries
If wife appeared in court Section 12 HMA
( Nullity of Marriage) after that can wife file the CRPC 125 for maintenance ???. If yes than what will be jurisdiction location for her to file CRPC 125 and for other family case too ????
SANKET UPADHYAY
23 April 2015 at 13:03
A PERSON HAS FOUR DAUGHTER. THEY ALL ARE ABOVE THE AGE OF 21.AND ALL ARE UNMARRIED.HIS WIFE WAS DIED BEFORE ONE YEAR DUE TO HEALTH ISSUE.HE IS WORKING IN CENTRAL GOVT. ORGANIZATION. NOW, HE LEAVE HIS FOUR UNMARRIED DAUGHTER BEFORE SIX MONTH, AND LIVE WITH ANOTHER FEMALE FRIEND.ALL DAUGHTERS ARE LIVING IN RENT HOUSE .AND HE IS NOT MAINTAINING HIS FOUR UNMARRIED DAUGHTER. CAN FOUR UNMARRIED DAUGHTER CLAIM UNDER 125 CRPC. IF NO WHAT IS THE REMEDY FOR MAINTENANCE.
KK
23 April 2015 at 12:03
Sir,
There are new tenants in one of the flats in our society in mumbai, the wife bakes cakes at home and delivers them on a professional basis.
Some members are against this and are raising objections.
Would that be considered a commercial activity in a residential building?
If so, how is the matter handled?
k r s sarma
23 April 2015 at 11:52
sir,
i had won in lower court, now in Addl District Courts, Kakinada. what found is every time judge give 4 months Hearing Date, initially our lawyer raised concern then for two times he did for month time. again now he give same way. i also told opponent party paying for that but i can not prove that. is there any way for this to accelerate. it is simple rental case. lower court already given but this court takes two years now. please suggest.
i attached case detail with this. regards
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Regarding complaint
Sir,
In case marriage solemnized through Matrimony site Jeevansathi.com, in the particulars of bride shown never married and after got married Groom some how came to know that she were earlier married and divorced legally. In that condition what IPC will be applied on the bride and her family after submission of complaint to SSP of the concern area.