Jasmeetsingh
21 January 2011 at 09:58
Respected Sir/ Madam,
I had a case in which High Court had dismissed the Family Court Appeal on merits, but as per the appellant the divisional bench had not rendered the reasonable chance for appellant to being heard hence she wished to file Appeal to supreme court, Now I am cropped up with certain question; -
1) Whether is it Important to file a Petition to the High Court to obtain fitness certificate under Article 133 of constitution of India, even though 99.99% such petitions get dismissed?
2) Whether I can file SLP directly without submitting the petition to High Court for obtaining fitness certificate to appeal to supreme court of India?
3) which law/ rule permits me in doing above issue mentioned at no: 2?
Sir/ Madam,
as I have gone through the Supreme Court Rules, 1966 and reproduce the relevant rule herein below for your kind perusal:
THE SUPREME COURT RULES, 1966
ORDER XVI
APPEALS BY SPECIALLEAVE
1. Where 1[certificate of fitness] to appeal to the Court was refused in a case
by the High Court, a petition for special leave to appeal to the Court shall, subject
to the provisions of sections 4,5,12 and 14 of the Limitation Act, 1963 (36 of 1963)
be lodged in the Court within sixty days from the date of the order of refusal and in
any other case within ninety days from the date of the Judgment or Order sought to
be appealed from:
Provided that where an application for leave to appeal to the High Court from
the Judgment of a single Judge of that Court has been made and refused, in computing
the period of limitation in that case under this rule, the period from the making of
that application and the rejection thereof shall also be excluded.
Now in this rule what does "any other case within ninety days from the date of judgment or order sought to be appeal from" mean?
Hope that all my queries will be satisfied by the Respected members of this forum at the earliest point of time.
Always thankful to the forum
Jasmeetsingh.
valentine thakkar
12 January 2011 at 12:38
NCDs purchased in 2003. Co. got the order from Bombay HC for Scheme of Arrangement under Cos. Act. The holder of the NCD contents that he was not covered by the scheme because he had sent Demand Note prior to Co. going into litigation. Trustees holding the money as custodians and no further agreement singed for extension although the Co. had come up with a request for renewal as facing financial crunch at that time. Consent form not signed. The holder moved Dist. Consumer Forum which passed order fixing liability but directed to contact the Special Committee which was non-existent. The holder preferred appeal in State Commission. Case pending since one year. Please advise whether the holder would succeed or not.Or should he go to National Commission in case of defeat?
sampat mane
06 January 2011 at 10:04
Dear Experts
We are the residents of B & C Wings of the Building known as “Kailash Park” Bhandup W Mumbai 400078. of which M/s Umiya Associates is a Builder/Developer of the Plot.
Most of the Flat owners had purchased in the range period between 2007-2009 vide sale agreement which was supported by initial layout plan shown in Brochure. In this the open area was in front of the C wing was shown as common area for shops & flat owners of B & C wings.
Even after complete occupation of the flats the builder did not form a co-operative housing society or co-operate with the residents to form so. Also the maintenance & property tax from the date of occupation was regularly paid to him. This was not reciprocated in the account books of MCGM. The property tax was not paid in full. Also the flats were not properly maintained despite charging huge rate.
Hence the flat owners decided to stop paying the maintenance & property tax and further to go ahead to form a co-operative housing society despite the objection from the Builder. On 12th Oct’ 2010 the co-operative society was registered accordingly.
After the initiation of the formation of society, the builder got this layout amended to suit his requirement. His intention was to exploit the potential of plot in question for his profit at the cost of the flat owners.
Now since the co-operative society has finally registered and a subsequent notice / letter was duly served to the builder for executing conveyance for the layout as mentioned in the plan shown during the sale-agreement. The builder did not heed to the request and started his construction at the open space which was common area for shop owners & the Flat owners.
I would like to ask the honorary experts the following:
Can the builder change the layout plan once the occupation is done in the building.
The plan of constructing shop was beneath the c wing earlier but after getting sanction from the Municipality upto plinth level, now he has left some 6 feet space between the building & new construction of shop. Is it valid? What if any fire incident occurs?
The proposal is constructing shop on grd floor & terrace on top which can be varied at his whims.
What the registered society can do take action against this unscruplous builder for stopping the said construction?
How do we proceed to recover our old outstanding paid to the builder?
How to we go for conveyance deed?
Can we file court case in civil court & consumer court and on what grounds?
Please advise.
Sampat MAne
sampatmane@yahoo.com
Sunlawseeker
31 December 2010 at 13:33
Dear Advocates !
My client has been performing his duty as priest in a Hindu Temple, Tamil Nadu since his fathers duration. salary has not been paid to him to the duration of 2002-2009.
He took leave to take treatment for last 6 months. He arranged his nephew(brothers son) as a temporary arrangement after informing the E.O. After completing his treatment, he asked his nephew, he did not allow my client to perform pooja to the temple.
Further, My client's nephew has also occupied the residence of my client.
He requested me to send a notice to officials of HR&EC Department.
My query is :
1. How to make my client as priest again?
2. How to get the house from his nephew again?
Please help me in this regard i.e., How to send notice? to whom?
raghavendra
17 December 2010 at 11:32
sir
there 8 guntas land in one sarvey number , and also in one RTC ,i want to buy 2 guntas land from that ,can i buy 2 guntas , or is there any condition that ,minimum 5 guntas should buy from one RTC ,
that is NA land can i buy in my name ,i dont have any property in my name, even my father
Akshay P
08 December 2010 at 16:35
We are living on 3rd floor and the owner residing on the 2nd floor complains about leakage problem from our flat. Earliar he had made structural changes of his bathroom and now complains that water is seeping through the walls of bathroom. He has demolished the slab which was provided for tank above bathroom. He is complaining that we should take proper steps to prevent leakage.
srinu
06 December 2010 at 17:26
WE BELONGS TO ST TO BUY A LAND IN1946,1948,TOTAL LAND IS 13 YAKER Document no:921/1961
1.Moulankhan w/o Syed Miyasahab,
2.Sahab Beebe w/o Mahaboob Mair ,dwara Thippanna s/o Sajanna garu nuchi
Link document no, our four grand father 1748/1946,Ramanna s/o Thimmanna
survey no.156 lo 17.67 pina:01.47
survey no.157 lo 24.6 pina :02.01 both total =3.48 yaker
Document no:987/1953
1.Moulankhan w/o Syed Miyasahab,
2.Sahab Beebe w/o Mahaboob Mair ,dwara Thippanna s/o Sajanna garu nuchi
dwara Nagamma w/o late Venktanna mariu sons Chenchanna,Lakhmanna,Venktaswamy nuchi
Link document no:1749/1946, Our four grand father Ramanna s/o Thimmanna
survey no:156 lo 17.67 piki,01.48
survey no:157 lo 24.6 piki ,02.00 both total= 3.48 yaker
Document no: 112/1964 chinna Mahamudddhisha s/o Rojaferi sahab
Mother link 99/29 Ramanna s/o Giddaiah nuchi
our four grand father Ramanna s/o Thimanna
survey no:156 lo 17.67 piki,01.00
survey no:157 lo 24.6 piki,01.00 total 02.00 yaker
THESE R ALL OUR N THE PACE IS Mungalapad village in kurnool dist.
Mother document 1231/62 Pedda Gundanna,Chinna Gundannaramudu s/o Pedda Giddaiah
survey no:156-17.67 lo 0.50
survey no:157-24.06 lo 0.50 both total acar01.00
Govindu s/o Gaganna
Mother document no.144/63, Pedda Giddanna s/o Padda Gaddaiah
survey no:156-17.67 lo 01.00
survey no:157 -2406 lo 01.00 both total 2 yaker
our grand father Govindu s/o Naganna
Document no:6482/1995 k.Sunkalamma w/o Govindu 156 n 157 1 yaker
konadi Ajijasahab n Jamiya GPA .N.RAMMOHAN,Gpa/366-87
THESE R ALL OUR N THE PACE IS Mungalapad village in kurnool dist.
survey no:350,2.yaker 39 cents in kallur mandal,kurnool dist.
8-10 -1962 s Ramanna s/o Thimanna konnavaru(our grand father)
aminavaru Yankanna wife of Yallamma
document no 1283 of 1948 kinnavaru Yankanna wife Yellamma,Sajanna wife Yankamma both 2 persons aminavaru vaddvallapu Venktaswamy son of Chenchanna.
THESE ARE ALL LANDS ARE REGISTERED IN REGISTER OFFICE ,BUT NOW THEY ARE MARKED AS A ROUND,
BECAUSE OF WAKF BOARD .
WE HAVE SOME TAX PAY SLIP OF THAT LAND.
In the erstwhile Hyderabad State, all religious matters including Endowments and Wakf Institutions were being administered and controlled by the Department of Ecclesiastical Affairs known as Umoore-Mazhabi.
The Central Wakf Act 1954 was approved by the Parliament on 31st May,1954 and the said Act was extended to Hyderabad on 15th January,1955and to the whole of A.P. on 1st April,1955. The then Raj Pramukh (Nizam) established a Board to look after exclusively the affairs of Wakf under the name and style of Muslim Wakf Board by notification No:90 dated: 13-1-1955 published in Hyderabad Gazette which became effective from 15th January,1955.
1.wakf id 2.name of wakf 3.mandal 4. village 5.land at 6.T.D.No.7 Sy no 8.extent Ac .cents 9.other properties 10.GAZ.NOand date 11.GAZ SI NO.
KNL/640 Mosque Mungalapad Mungalapad 2161 13 6.88 No18---- 2096
Date 2-5 1956 No.18,������������� dt:2-5-1963 2096 10 640 Kurnool
80 4.68
135 3.96
193/3 0.16
2.39 YAKER. CENTS SURVEY NO 350 KALLUR MANDAL IN KURNOOL,WAKF ID KNL/727,GAZ SI NO.3083,
IN HOUSE PANU CISITHU 2.39 MONEY IS 16 RUPEE 20 PIECE TO THACIDHAR KURNOOL.DATE 8-1-1979
Apwakfboard.ap.nic.in , wakf propertier ,kurnool ,wakf id KNK/640 and another KNL/727
vinod bansal
06 December 2010 at 09:28
R/Members
I am representing to a transporter (Carrier)in a recovery suit filed by insurance co. of goods sender,in this case truck met with an accident while saving a straw cattle,loss was reported to insurance co. of sender as the goods were insured by sender,claim amount has already been paid to sender by his insurance co. but as per agreement and subrogation rights in between sender and his insurance co. .Insurance co. filed a suit for recovery against transporter under Carrier act,as per carrier's act transport is liable to reimburse claim amount to insurance co. but there is also an written agreement in between my client (carrier) and sender,in which it is clearly mentioned that carrier will not be liable for any loss during transportation,but it carrier will be liable to co operate sender and will provide all required documents for settlement of claim with his insurar,i want to know in given facts,carrier act will prevail or written agreement,kindly advice.Thanx
tej
04 December 2010 at 20:14
sir,
in the civil suit the suit is decreed in part in favor of plaintiff. respondent preferred the appeal. as the org. plaintiff is contesting the case in person and not conversant and well acquainted with procedure to file cross objections filed cross objections along with delay con donation application.cross objections filed were not in form of memorandum of appeal form. the hon. court has condoned the delay and cross objections are taken on record. mean while the org. plaintiff came to know that the cross objections are required to be filed in the form of memorendum of appeal form and necessary court fee is also required to be affixed otherwise the same will not be considered and on tecchnical grounds the cross objections may be rejected in final judgement. so the org.plaintiff filed pursis along with the same cross objections but only in memorandum of appeal form with detailed calculations of enhanced claim by way of cross objections and also affixed necessary court fee on it. the Hon. Court ordered on Pursis Other side to say if any. the pursis ,the court fee stamp and the cross objections in memorandum of appeal form are given exhibits .the appellant filed his say to the pursis with say that already one set of cross objection is on record hence other set of cross objections cannot be allowed to be filed. the argument on the pursis completed. the org.plaintiff filed written notes of arguments for argument on exhibited pursis saying that he is not conversant with the procedure to file the cross objections and now the cross objections filed in form of memorandum of appeal form are the same which are allowed by the court already and to avoid any lacuna and technical defects he has filed the same in memorandum of appeal form. the Hon. court passed the order and rejected the pursis and the grounds for filing cross objections in memorandum of appeal form saying pursis cannot be allowed
what the org. plaintiff should do now.will not taking the cross objections in memorandum of appeal form will be harmful to cross objections . how the defect if it is at all of not filing the cross objections in memorandum of appeal form without affixing necessary court fee which is now part of record could be cured.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
OPEN TERRACE BELONGS TO SOCIETY ONLY
PLEASE MEMBER SUGGEST ME.
ONE OF MY CLIENT OWN A FLAT ON SEVETH FLOOR OF THE BUILDING. THE BUILDER HAS SOLD THE TERRACE OF THAT BUILDING TO THE OWNER OF THE 7TH FLOOR FLAT AND THERE IS AN AGREEMENT REGARDING THE SAME. IN THAT AGREEMENT THERE IS ONE CLAUSE THAT SAYS THAT "TERRACE ABOVE 7TH FLOOR OF THE BUILDING FOR THE EXCLUSIVE USE OF THE PURCHASER OF FLAT ON THE 7TH FLOOR OF THE BUILDING. NOW THE SECRETARY SEND A NOTICE TO MY CLIENT STATING THAT AS PER MCA ACT, THE OPEN TERRACES ON THE BUILDING OF ANY HOUSING SOCIETY IS PART OF THE COMMON AREAS OF THE SOCIETY AND THE SOCIETY HAS THE ABSOLUTE RIGHT OVER IT AND IS ABSOLUTE OWNER AND BENEFICIARY. NO OTHER PARTY HAS CLAIM OR RIGHT OVER IT.
MEMBER PLEASE SUGGEST ME AND WHAT I HAVE TO REPLY THE SAME. ANY CASE LAWS SUPPORTING THE CASE PLEASE PROVIDE.