shivam mittal
08 October 2014 at 20:00
Is LPA an exception to the rule of res judicata ?? ....
I also want to know the application of res judicata principle on habes corpus writ petition ...
V Srinivasan
08 October 2014 at 18:54
Dear Sir,
Please enlighten me whether the builder can give allotment letter to a second purchaser of the flat when first purchaser had not opted for stilt parking?
Please also enlighten whether the II purchaser of a flat can automatically get the right for stilt parking allotted to the first buyer but not registered or mentioned in the sale agreement.
Srinivasan
Madhu Goyal
08 October 2014 at 18:50
Dear Experts,
I was a Primary Teacher on regular basis in a private unaided school. I was dismissed from service on false charges in 2012. Then I challenged the termination order before Distt Session Judge by filing civil appeal as per judgment passed by SC in TMA Pai Foundation case. In the appeal , I also prayed to the court to direct the respondent school to give me back salary since date of my appointment as per CBSE Bye Laws according to which I was entitled to be paid salary and other allowances at par with state govt teachers but the school was paying me less salary.The court set aside termination order and directed the respondent school to reinstate me with full back wages with 8% simple interest along with continuity in service within one month of date of order.But the court did not pass any order wrt second prayer i.e back payment as per CBSE Bye Laws. Further when I apprached to the respondent school , the school authorities refused to reinstate me on the pretxt that they will move to High Court. I have filed CAVEAT in High Court. I am pleading my case in person with the valuable advices of experts like you.
My questions are as under :-
1. Can I file fresh civil suit in lower court for back payment since date of appointment to till date ? Will the appeal filed as stated above affect filing fresh suit in the lower court ? Here it is pertinent to mention here that as per judgment of SC in TMA Pai Foundation case , SC has held that in states where there is no educational tribunal , an employee of private unaided school can file appeal before Distt Session Judge against the penalty of dismissal.
2. As the respondent school is not obeying court order wilfully, then should I file execution application or contempt of court petition or both ? In which court should I file execution application or contempt of court petition and under which sections of the concerned act ?
3. In case , if the school has filed CWP prior to filing my CAVEAT, will court grant me opportunity to hear me while deciding the writ filed by the school ?
4. What other remedies can school obtain to stop me from reinstatement ?
5. What kind of prayer should I do while filing execution beside prayer for implementation of court order ? Should I pray for imprisionment of faulty respondents ?
6. Can I file Execution and Contempt Petition simulateously ?
Kindly advise me so that I may draft the appeal accordingly.
Regards
Madhu Goyal
AKULA RAJASEKHAR
08 October 2014 at 18:48
Dear Experts.,
We have filed case against some of NGOs under section 417 of I.P.C.,trails are going on.,last 4 months back ex-party approached to High Court for Quash the petition ,but high court giving stay on this case from last 4 months onwords.,
So repeatly it was postpoing as a stay some of period.,
My question is there any chances to quash the petion.,shall i go uppar court to regarding this case.,
Regards.,
lk
08 October 2014 at 18:24
I recently gave an interview in FOOD CORPORATION OF INDIA(Govt. Organization) for the manager post.After declaration of final result I filed a RTI application to know the marks(both in written EXAM. and Interview) of all selected candidates. But one month passed , F.C.I did not respond to my application. Now I do not want to appeal because it will take next 30 days and within this period joining of selected candidates may be possible.In my view, final selection was not fair. So, I want to know whether I can get stay order on joining of selected candidates from High court until FCI make the whole picture cleared. What is the process for getting stay order and How much legal fees I have to pay for this. Pl. reply to my query as early as possible.
AMAR RANU
08 October 2014 at 17:58
whether additional list of documents by the complainant, in a private complaint case, can be filed after secondary evidence and examination-in-chief is over.
If yes,what is the procedure?
Can accused also file discharge application u/s 245 of Cr.p.c at this stage?
Upasana
08 October 2014 at 17:57
Dear Sir/Mam,
Please guide me as regards the following query:
Can an application for Condonation of Delay be filed in a Complaint filed under Section 138 of N.I. Act after the complaint has been filed and summons have been issued? Reply of the opposite party has not yet been filed.
Upasana
08 October 2014 at 17:54
Dear Sir/Mam,
Kindly guide me as regards the following query:
Under Section 138 of the N.I. Act, we are given 30 days time to send a legal notice. A notice was sent but the same was received back with the said comment "Left without address". Hence in the same notice period of 30 days another notice was sent at a different address and the same was delivered.
My question is that will the limitation period of filing a Complaint start from the 1st notice which was undelivered or from the subsequent 2nd notice.
Kindly include some case laws if possible.
Thank you
Sarita Nakhe
08 October 2014 at 17:42
Can Educational Institutes, Housing Societies, Trusts use pirated and unlicensed software in their offices? What would be the consequences after using these pirated and unlicensed software?
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