cpc citation
jayesh sinha
(Querist) 16 November 2010
This query is : Resolved
can you help me in giving citation in connection with cpc that once case is dismissed on merits then no further direction can be given if you can help me well and good otherwise i will assume that it is paid site
j k sinha
09890779114
Khaleel Ahmed
(Expert) 16 November 2010
You have not mentioned all the facts of the case. For your kind information this not a paid site.
PALNITKAR V.V.
(Expert) 17 November 2010
Mr. Sinha first try to be specific in putting the queries. Your query is vague. What do you mean by "direction". Dont make sarcastic comments like you will assume that the it is paid site.
jayesh sinha
(Querist) 17 November 2010
i apologise for the same if anybody is hurt by my sarcastic remarks i came to such conclusion because it was a helping forum no body was helping me by replying to my legal help call actually on direction of highcourt to goc-in-chief southern command pune case of sanctioning of building plan was to be decided the goc-in-chief dismissed my case on merits however he gave further direction to me pay developement charge at rate of rs4 per sqm now cantonment act 2006 does not come under juridiction of CPC so my question is whether such direction can be given once case is dismissied on merits so the need for citation was felt if somebody have in forum
j k sinha
jayesh sinha
(Querist) 21 November 2010
cantonment act2006 comes under cpc or not
j k sinha
R.Ramachandran
(Expert) 21 November 2010
Dear Mr. Sinha,
What you are aggrieved by is the order passed by the GOC-in-C asking you to pay some development charges. THIS IS NOT A CRIMINAL ACT. It will fall under civil cause of action. CPC is not Act specific. It is specific to the nature of the cause of action. If it is civil CPC is always applicable. If the cause of action is criminal then Cr.PC. As simple as that.
If you are aggrieved by the action of the GOC-i-C then you can prefer suitable civil writ petition before the High Court concerned.
jayesh sinha
(Querist) 21 November 2010
i am attaching judgement of goc-in-chief i request all the experts to study it and let me know once case is dismissied can further direction can be given
R.Ramachandran
(Expert) 21 November 2010
Dear Mr. Sinha,
I have gone through the order of the GOC-i-C.
I think when you said "once case is dismissed on merits then no further direction can be given" in the query at the first time, probably you were meaning that when your appeal was dismissed, (i) the GOC-i-C could not have given the direction to the Cantt.Board to charge only Rs. 40 per sq.mtr. and (ii) the Cantt. Board could not have been given liberty to file civil/criminal cases against the builders/developers for not carrying out the development.
Is my understanding correcy?
If so, your assumption and understanding of law is completely wrong.
The Order of the GOC-i-C is completely in order in the given situations.
If you are aggrieved (i) in regard to rejection of your complaint/appeal and (ii) order of the GOC-i-C for charging Rs. 40 per sq.mtr. then you can approach the High Court.
jayesh sinha
(Querist) 21 November 2010
shri ramchandran
point one is correctly understood by you but on point two i am not aggieved in fact goc-in-chief revised its own order on a simple written apllication by cantonment board asking goc-in-chief to revise its order quoting rs 40per sqm as typographical mistake to which goc-in-chief revised its own order and changed it to rs 40 per sqft though as per section 344 of cantonment act2006 once order given by appelate authority attain finaility and no revision is allowed after revision by goc-in-chief i filled wp in highcourt to which high court was of the opinion that contention of cantonment board that it is typographical mistake was not acceptable it was corrected since it would cause financial loss of revenue to cantonment and therefore the order was corrected and disposed the case and remanded the matter back to appelate authority to hear the matter afresh including section 344, second time after remand goc-in-chief did not give its findings on record regarding section 344 whether it can revise its own order given earlier and kept rs 40per sqft given earlier however again second time it revise its own order and removed the direction given by earlier goc-in-chief to file criminal/civil case against the developer thus completely revising its own order completely now in the above circumstances again i have filed second wp in high court to which high court has given interim direction that it will case on merits what does it mean will the highcourt will now only hear the legal point on section 344 kindly let me know your view
j k sinha
R.Ramachandran
(Expert) 21 November 2010
Dear Mr. Sinha,
Please tell me, by reading the order attached by you as 38_27aug_award_final_judgement_of_goc.pdf whether it is possible for anybody to know the details now you have revealed in your last posting?
Thus, you have many facts, which either you do not want to reveal completely, or think that others ought to know. Unless one goes through your complete papers and sequence of events, it is not possible to come to any conclusion and view point. I would therefore suggest to you to approach any local lawyer and explain things to him and get your queries clarified. Needless to say it will definitely involve incurring of expenditure by you.
