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Anonymous   05 November 2009 at 12:33

Remedy available in case of gross injustice in HC

It is simple expectation that any judicial order be based on correct rule and aggrived party be heard.
I am a retired army officer. I was denied a disability pension benefit by Army HQ hence I filed WP against that Govt order in HC. Ground taken was that the amended regulation applicable to me was not applied but order was passed on basis of old obsolete rule.(there were no Armed Forces Tribunals that time) In HC Govt did not produce the correct Rule despite several directions and on one occation even cost imposted on them. However later the bench changed and matter was back to square one. New bench did not insist on the previous order and relying on old outdated rule dismissed the WP. When I filed review pointing out the serious error, I was not allowed to explain the grounds and review petition dismissed by single line order that there is no ground to interfere in order.What is the remedy against such injustice other than appealing in superme court.

Anonymous   04 November 2009 at 22:39

Validity of a sale deed

Respected Experts,
In one of the question Learned expert Mr. R. K. Makkad replied, "but after the expiry of a period more than 30 years, the sale if erroneously made otherwise becomes valid." Can I humbly have any case-law or anything? A sale deed executed in violation of any act and the sale deed is declared ab initio void by any civil court. The vendor has signed in Re. 1 revenue stamp in the money receipt in presence of witnesses, thus he got benefited. In this case, will the vendee who has lost the land can claim the compensation? What if the vendor is dead?
My heartiest Thanks to all of the learned experts.

Kumar Krishan Agarwal Advocate   04 November 2009 at 22:17

Order VI Rule 17 with Rulings Apex court

1. I have a made an amendment under O.6 R.17 for amending into plaint. into amendment I annexed 17 rulings of High Court and Apex Court for support so that the amendment will not refuse by the court of law.

Q. Is attaching rulings with amendment is bad in law or bad pleading.

Q. I uploaded the amendment file please have a look the amendment pleadings I drafted by me is right or wrong. 29_amendment_a01_new_.doc

If any changes you have done according to your taste/way then after that mail to me at the correct file at
kk_agarwal_love@yahoo.com




Kumar Krishan Agarwal Advocate   04 November 2009 at 22:13

Order VI Rule 17 with Rulings Apex court

1. I have a made an amendment under O.6 R.17 for amending into plaint. into amendment I annexed 17 rulings of High Court and Apex Court for support so that the amendment will not refuse by the court of law.

Q. Is attaching rulings with amendment is bad in law or bad pleading.

sudhakar s. yeradkar   04 November 2009 at 14:44

Pls.define what is children home

pls.elaborate in details.

yogesh   04 November 2009 at 14:01

Adhoc Appoinment_Whether claim is maintainable?

Please inform if any adhoc employee who had worked for more than 11 years in any organisation without any artificial breaks. Please inform whether his claim is maintainable?
I will be grateful if the members/experts will provide some case laws on it??
Regards

yogesh   04 November 2009 at 13:29

Whether service pf notice on Parties or on Advocate?

Dear Members,
Please inform whether the petitioner can serve the notice/pleadings/affidavits etc on parties instead of counsel who is representing the parties?

Whether the counsel of the O.P/respondents can seek defence on this ground that the Plaint/W.S/Affidavit have served only on parties and not on him?

Please advise
Regards

Kumar Krishan Agarwal Advocate   04 November 2009 at 01:50

Decree in Civil

Suppose the plaintiff won the suit and the defendants stop litigation & and not approach to any court for appeal and revision or Writ.

1. Then what the validity of the final order is ?
When A Decree will be prepared so that all expenses and rights will be put into it. What is the time period so that under that time the plaintiff would approach for getting decree to be made ?

2. What is the validity of the Decree ? whole-life or just only few years.

3. What is maximum time period for the execution of the decree by the court ? i.e after that time you cannot execute decree.

4. What the other things keep in mind with regard of Decree procedure?



Anonymous   03 November 2009 at 23:36

negligence (torts)

Raju, aged about 19 years, had been working as a helper in the fields of the Sarpanch of the village Doodhly,Dist. Dehradun for the past 3 years and was earning a sum of rs 3000 per month.

One day,he grazing cattle in the field of Ram Avtar, a resident of the same village,when he got electrocuted on coming in contact with the high tension wires which had fallen on the ground due to a heavy storm, the night before.

The father of the deseased has demanded a compensation of rs 5 lakhs from the Uttarakhand power corporation ltd. for the untimely death of his only son caused by the negligence of the department.

plz provide me.....
Facts of the case.
Law involved in above problem of negligence.
Relevant case laws.
Issued framed.

Experts plz help me out.....I hv a presentation on it....provide me as soon as possible....

Anonymous   03 November 2009 at 23:10

Eviction ground

we have 3 story building in haryana. the groung floor is rented to the tenent. now the tenent is not vacating the house.

I want to know
that my mama ji is living with us from last 15 - 16 years. after his marriage he is living in the 1st floor with his family, on the 2nd floor my father & mother are living. I am living in delhi with my family . I have one married sister living in delhi.If we file a eviction case, can we show my mamaji as our family member. I am planning to shift and live with my parents. But we dont have enough space, this is sufficient ground to get house vacated...??? can anybody help and give me advise / grounds for eviction or some links to related cases.