Dhingra P.S.'s Expert Profile

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SIDDHARTHA PUNASH CHARAN says : urgent
sir request to provide me the provision in law so that i can challenge in court 1)she is having an test tube (inter course of semen in womb) baby after his husband death 2) she got the job of her husband on compensatory grounds

Sachin says : Parking allotment by builder before society formed
Dear Sir, This is regarding parking space allotment QnA on this site We have purchased a flat in Kurla East in a under construction building in 2009, agreement date in Jan-2010. The construction is complete now and possession in progress, the builder personnel approached us for parking allotment through phone call (no official written communication/email). Builder asking for money for parking without giving any receipt, he will just provide a allotment letter showing that it is a free allotment on first cum first serve basis. Nothing is mentioned in our agreement about parking.The society is formed yet and may take a couple of years as the construction of other wings is in progress. Also builder is taking a parking no-claim undertaking from those who have not allotted the parking while providing the possession letter. Some of flat owners already paid him forking and got parking allotment letter while majority others refused to pay for parking as per SC judgement. I think the builder is legalizing his illegal parking allotment by no payment receipts, first cum first serve basis and parking no-claim undertaking. Now I have below queries 1. The allotment is done after 31-Aug-2010 (SC judgement) however before formation of society so the allotment made by builder is legal? As per your answer the allotment can be legal so have doubt about it. 2. Once society formed can society cancel the builder's parking allotment by laws? Society can decide the llotment rules at that time as per by laws. Request you to please help to answer these queries. Let me know if you need anymore details to answer it. Thank you in advance. Best Regards, Sachin Timane

Amit says : Legal action against Indenting Agent
Sir, I am working as an indenting agent of raw materials for paper mills. Recently I have struck a deal between an Indian Paper Mill and a supplier in USA. The good was worth USD 30,000 and the supplier has supplied inferior material which is completely unusable to the paper mill. Now the supplier is not remitting the claim amount even after accepting that inferior material was supplied. Can the paper mill file a legal case on me when the paper mill files an international case against the supplier. I have not entered any legal agreement with the supplier or the buyer except the Indent letter (with all details of the supplier and to open the LC) to the buyer and they are now claiming the amount from me. Your expert comment would be highly appreciated.

stani says : dv& maintainence
matter in court after mediation failed for domestic violence and maintainence. my husband put an application in court for access to the minor(daughter) and today was the court date for which i was unable to attend for some reasons. my lawyer has put an injuction order to submit my say for response to the application to access to the minor for the next court date and have requested court for next date. what is this injuncion order and will that affect me or the case in any way? what are the consequences of having missed the court date unintentionally without prior intimation and what would the court take action?

shivanand says : breif note on PTCL case
Subject : brif note on PTCL Message : Dear sir, We have purchased 7 acre of land which was granted to one of shivappa kallappa naikmakkal in the year 1966 with a condition of non-alienation of the land for a period of 15 years. The grantee alienated the land during the year 1982 and 1985.which is after completion of 15 year.we is the 3rd purchaser of the land. The grantee filed a case with assistant commissioner dharwad (Karnataka),during the year 2005 stating that he belongs to HINDU VALMIKI caste which has been classified as scheduled tribe community there by lending to violation of clause 4(2) of the PTCL act with contention of resumption of land back to original grantee. The assistant commissioner dharwad heard the case and rejected the petition standing that the caste of the grantee has been classified as scheduled tribe community W.E.F 19/04/1991.the grantee filed and appeal to deputy commissioner dharwad during the year 2006-07 .the D.C dharwd has heard the case and upheld the judgment of AC dharwad. The grantee again preferred an writ petition to the High court of Karnataka during 2009 the court had heard the case and again remanded back to the case to the DC dharwad for hearing and for passing appropriate order. Now the case has been called for hearing by the DC on 25/02/2014. In regards to the judgment issued by the high court single and double bench the following points have been brought to perusal the constitution scheduled tribe order 1950 has been issued as per the provision of article 342 of constitution classifying the community under ST and several amendments have been issued to the presidential notification 1950 by adding caste of person inserted to the ST list w.e.f 19/04/1991 Naik,Nayak,Beda,Bedar &valmiki (constitution 2nd amendment 1991 copy and bill passed by Lok saba copy enclosed ) As states above caste every Amendments to presidential notification of 1950. Thre is a specific Effective date, month & year on which the caste for to be considered as ST. In such circumstances the judgments have been issued by the Honble judges considering the caste added to the ST with Retrospective effect with revert back to the presidential notification 1950. Without considering the effect dates,month,&year of amendments by issue of judgments considering as Retrospective effect of 1950, injustice has been caused to the purchaser of the land there by resumption of purchaser land back to original grantee. In view of the above the necessary classification requires on the following points 1) Whether the constitution scheduled tribe all amendments & modification amendments are Retrospective or prospective? 2) On what bases the judgments have issued considering the constitution amendments to revert back to presidential notification 1950? 3) If the all amendments are Retrospective effect for this any of the notification issued in this regards? Dear sir kindly as soon as possible necessary legal advice on the above the doubts may please I communicated. We are waiting for kind advice Thanking you sir Shivanand m desai 9986980722

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