Anonymous
15 December 2009 at 02:44
In a matter of dispute between the franchisee and franchisor according to the terms of agreement i referred a matter for arbitration to a senior advocate and he accepted through a letter of concent to arbitrate.
Before the Arbitration tribunal i filed vakalat and the otherside too filed a vakalat on behalf of the party. After one year of filing of vakalats and my persistent pressure the arbitrator concluded the enquiry.
Now more than one and half years have runby without his pronouncement of award. Later i came to know that the advocate on the opposite side and this arbitrator belong to same senior office. My insistence for pronouncement of award only gets back an untenable excuses from him like., typist didnt come, i am reading SC journal for this award etc etc.,
Now in light of delicacy involved in this issue i was hesitating to take any action. Now i decided to go further in the interests of my client. Plz advice me suitable action that i can take now.
I have my own ideas but i invite the advices from this forum since this is a professionally delicate issue but that matters the professional integrity by large in public. The conduct of this senior advocate reflects badly in the society affecting all of us who are in this profession. I expect an answer that would help me teach him a lesson. Thank You.
Soma
15 December 2009 at 00:54
Whether an application under Art. 227 of Constitution can be filed against lower tribunal judgment alone or it should be clubbed with Art.226?
Who shall be the respondents in that case?
Anonymous
14 December 2009 at 21:10
We have a flat in Delhi under joint ownership of my mother (sr. Citizen), wife and self. This was given on a 11 month lease to tenant for Rs.9000/- which expired and another 11 months lease for the same was signed on same terms and continued. After this expired, there have been requests and delays to vacate and it is now 15 months over that lease. For the past 7 months the tenant is not paying rent (earlier it was cheq. payment) and calls the police (tells them he is being harrassed) when we go and ask for rent.
Please note that the lease agreements of Rs.50/- had not been registered in court or stamped by any notary.
At this time we have served a Lawyer notice indicating termination of tenancy which has not been accepted by them thru' courier or reg post and the regd. post return mail has not come.
Questions:
(a.) How can we evict him. How long does such a legal case take on an average. How much should it cost. Is there any way we can speed up the proceedings.
(b) How can we protect ourselves from fake police complaints.
(c) Can the Police help us in resolving the issue.
(d) Are we having sufficient grounds to evict him legally based on the type of lease agreement signed.
(e) Since the tenancy has expired, do we have a right in having water & electrcity services to our flat put on suspension.
(f)I would also like to bring to your kind notice that the tenant caused a similar problem in his earlier occupancy. Can this be used to strengthen our case.
(g)The tenant also has a built up flat in another part of Delhi. (pending posession for an balance due)
(h)How can we inspect the house to ensure he is maintaining it well.
(i) is there a way we can recover rentals if he just slips away ( we do not stay in that flat)
(j) what documents and data should we keep ready to ensure that the legal case is resolved fast.
(k) Is the Resident's Welfare Association authorised to help in this case.
barun deka
14 December 2009 at 20:00
a builder was engaged to construct an apartment building in my client's land. apart from monetary consideration my client was given an apartment for the value of the land. now it is discovered that the builder has fraudulently taken a loan from a bank keeping the apartment allocated to my client as mortgage. on failing to repay the loan, the bank authorities are trying to get my client's apartment attached. the bank has approached the DRT and we also have been made proforma defendant. any decisions supporting my defense?
joyce
14 December 2009 at 19:50
I wanted to file a writ petition in HC, under sec 226 &227 of constn act, seeking benefits of DCRGs, pension plans etc..for the retired aided govt employees.some empoyees took the reward amount in the year 1999,under the writ petition, that time my client could not file a case, now it is 11 to 12 yrs past, he want to file a case. can he get same remedy ( award) for same cause if writ is filed? Whether any question as to delay of filing raises? so what are the geniune causes to be shown to get thru the problem of delay -laches. Some good High court Practising experts plz guide me.
SATYANARAYANA K
14 December 2009 at 15:37
My client is a one of the member in Dwakra Group, she is educated person, hence she formed a Dwakra Group (with 10 members Gathered) and used to give finance to the poor persons and later recovered with interest mentioned by the Govt,and deposited the same into Bank, now in that Group 8 members voluntarily decided to remove that person form the Group and they wanted to introduce their some relations,my query is (1) she rejected to remove from the Group, she wanted to continue in that Group, what is the remedies available to her, (2) she wanted to file a case in court, or if file in Lok Adalat is there any benefit. kindly give advice, waiting for your valuable suggestions. Thank you for all
SANJAY JAIN
14 December 2009 at 12:10
Our Company’s head office is in Haryana but registered office is in Delhi. The import export licence was denied or not responsed by the Authority in Delhi. The Company now intends to get relief by invoking High Court’s jurisdiction to pass the suitable directions to the licence issuing authority for issuing licence.
1. In such circumstances whether writ petition would appropriate,
2. In such circumstances whether Delhi high court jurisdiction is proper or Punjab & Haryana High Court,
1. Whether for instituting suit, the formalities under section 80 regarding serving two months notice is necessary,
2. Whether there is any court fee for preferring petition for getting issued writ against licence issuing authority.
Please advise urgently.
S JAIN
queryking
12 December 2009 at 19:44
suit for specific performance of the agreement, the defendant was trying to sale the property, i rushed to the court without givng notice to the dfendant filed the suit for specific performance of the suit. suit was dismissed , the trail court given the reason that i have nto given notice and i have proved readyness and willingness, i filed the appeal it is posted for arguments. is is necessary to give notice? any citations?
queryking
12 December 2009 at 19:28
can i get injunction against the co-parcener not to dispossess me from the ancestal properties?
any citations?
i heard that the co parcener can not seek injunction agaisnt the other co-parcener.
thanks in advance to everybody
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false 24 HMA
Hello,
I have filed a divorce petition against her. For which, she has given the application for maintenance under Section 24 HMA, which is as follows the main points are:-
1. That the petitioner is running his business in the name of M/s.************ at *******(address) and earning more then Rs. 1,00,000/- per month.
4. That the applicant is a housewife and does not earn anything being a domestic lady and is residing along with her parents thus needs at least Rs. 20,000/- to support her.
5. That to grant Rs. 22,000/- as litigation Expenses.
Some briefs facts are:-
1. I don't file Income tax return as I don't have this much earnings
2. I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4.She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
5. Now she is doing LLB final year for which she has paid Rs 60,000 fee.
6. Before marriage she was a working lady and earning around 7,000/- pm.(for this she has given in written in Income Tax Department also). I know all this but that is off-records.
7. At the time of Bail proceedings, I have given FDR for Rs.3,00,000/- as per the directions of high Court. In that order also the High court has advised her not to encash the FDR so that she can have regular income as maintainance. But she encash it the Next day.
Can I upload this point that she is having Rs. 3,00,000/- in her bank a/c and having the interest.
Plz. Help me