jyotirmaya behera
09 September 2015 at 19:13
The applicant loaded 5 wagon of COKE for delivery of the goods to his siding. Out of five wagon only 4 wagon are delivery to the applicant siding but one wagon was not delivered by the Railway.
Applicant filed an OA before the railways tribunal for non-delivery of the goods. After filing of the Original application before the learned tribunal, the railway delivered the goods to the applicant after 5 year 4 month of delay. At the time of pending OA, the counsel of the Railway submitted that the goods has been delivered to the applicant. This point was placed before the member judicial ( Tribunal) and the Tribunal passed the order that the Railway will pay the compensation i.e. the only interest part (for the 5 year and 4 month) of the total valuation of the goods.
Now matter is that the railway has filed the appeal before the Hon’ble High Court for set aside of the order passed by the Tribunal.
1. The Tribunal passed the order rightly or wrongly?
2. What is the SC judgment are available regarding this part?
3. On which ground the High Court set aside the order of the Tribunal?
jyotirmaya behera
17 August 2014 at 12:48
There are two (X and Y) organizations. X saying that he send to Y a letter for the cancelation of the agreement / contract but there have no prove of sending, then who have the original letter (document). If X produces the same letter as original then
how Y prove that the same letter is a fake document and it is created by X for their benefit?
Who had the original document ( sender or receiver)?
jyotirmaya behera
02 September 2013 at 23:33
under RTI one can ask for order / document related a case from tahasildar / sub-collector?
jyotirmaya behera
02 September 2013 at 23:27
plaintiff file a title suit with permanent injection before civil judge ( junior division)defendant want to construct house over the disputed land / plot. plaintiff file a temporary injection under order 39 rule 1 and 2 of the CPC. the court reject the said injection and issue the notice under order 39 rule 3 of the CPC. can plaintiff file writ in the high court for the injection?
if no then why he can't file?
jyotirmaya behera
02 September 2013 at 23:17
x,y and z are person. x sale his property/ land / plot between y and z as equal share of each. if y get pata of the total area, which x sale to y and z, by way of mutation before tahalsildar but z does not know about that. in the mean time y construct house over the said plot / land. when z know about that matter he file a mutation appeal before the sub-collector.
my query is if z win the case is he entitle that house which is construct over his space?
if yes i need judgment of over this.
jyotirmaya behera
07 August 2012 at 19:09
One person takes a loan from a bank and he has a saving account in said bank. If that person cant repay the loan amount, can the bank collect that said amount through lien process from said person’s saving account?
Is there have any latest judgment over lien?
jyotirmaya behera
07 August 2012 at 19:01
I am newly join this profession (lawyer of Orissa High Court) I want to file E-TDS file but I don’t know the procedure. When I check at net I know that for E-filing there need a ID.
My question is how can I file by E-file procedure?
How can I get that ID? What is the procedure for that ID?
Anonymous
21 April 2011 at 12:45
what is the qulification for the trade mark licence?
how it can apply ??
jyotirmaya behera
19 August 2010 at 12:49
i applyed for cyber law at kerala law academy ( provided by ASCL) on dater 17.5.2010. they received on dated 21.5.2010 by speed post. it is already gone 30 month. i called so many time that institution. 1st time they told me that they received my batch ll start on july. but its already gone. after that i again called them they told me that they ll send me book material with is 15 days. but its also gone. again called them they again told me that tha batch is not started till yes. even i called the main office at puna they told me to contact kerala law academy.
what i will do now?
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Regarding gst
i want to now implementation of GST and its problem in present time.
Sir / Madam
I am you post paid consumer since long time. You provided the service for the month of june 1 to june 30 and the rate of TAX was 15 % in that period. Today I get my postpaid bill for the month of june where you imposed 18% tax which is illegal for the following reason:-
1- You provided the service for the period of june 1 to june 30.
2- In june 1 to june 30 the rate of the service tax was 15%.
3- You may generate the bill in month of july but you cannot impose the tax (GST) retrospectively.
4- The GST come into force from 1st july onward and nowhere it is mention that the enforcement of GST is retrospectively.
now what will be the answer 15 % or 18 explain with reason?