LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ess oberoi   23 May 2009 at 17:08

Interpretation of judgment

Respected experts,
A consumer forum in an order has directed "the OP to refund to the complainant a sum of Rs. say 20,000/- against say a sum of Rs. 24,000/-."
Complainant and OP preferred Appeal. Complaint prayed, amongst others, suitable refund of money alongwith interest,compensation for harassment, mental agony etc, and cost of litigation.
State Commission dismissed the appeal of OP and allowed the appeal of complainant by "awarding a compensation of Rs. 25,000/- as compensation which shall also include the cost of litigation"
My query are :
Is the complainant eligible for only Rs. 25,000/- or Rs. 20,000/- also ie Total Rs. 45,000/-? or only Rs. 25,000/- only.

Secondly, National Commission dismissed the appeal by OP. The appeal to Hon'ble Supreme Court by OP shall lie after 30 days of the order or since the OP receives the order say after 45 days on its own or by applying to National Commission by OP ?
Humbly pray for early response.

Narender kumar   22 May 2009 at 18:46

family pension

Can family pension will be deducted from award of MACT.Widow of deceased is getting family pension after the retirement date of deceased.Please qout any Supereme court,s law relating pension.I am advocate for claiments side.

PRAKASHCHANDRA MARU   22 May 2009 at 15:00

attatchment of the property

in nego case u/s 138 can we file separate case for the attatcchment of property and can we get injunction not to transfer the property who gave cheque to complaiant

P. Usha Rao   21 May 2009 at 23:08

Defence Struck Off

Defence is struck off due to non-compliance in timely manner. Under the above circumstance, can the Defendant argue or not.

Murli Manohar Prasad   21 May 2009 at 21:18

Arbitration and Conciliation Act

Can I file an application u/s 34 of the Arbitration Act in Jharkhand High Court ,where entire cause of action arose ,for setting aside an exparte award passed by an arbitrator at Kolkata,appointd ex-parte by the other side without serving any prior notice u/s 21 of the Act,If yes? Is there any decision on it? Will you please let me know that decision.

M.M.Prasad

jitu   21 May 2009 at 21:03

electricity act

in sec. 135 of the electricity act power to file complaint is given, but in what circumstances criminal complaint can be filled? can it filled against regular custmer without resorting sec. 126 ? can it be compounded even without filling crimimal complaint by taking some charges ? plz suggest some latest decesion

Pramod Rai   21 May 2009 at 20:51

registration act

registrar has power to cancel the registered sale deed according to registration act 1908 or not, if yes pls give citation.

kalyani choudhury   21 May 2009 at 08:32

court hearings

Whenever I go for court hearings , my lawyer chooses to stay quiet on relevant issues and says that he was waiting for the oppsite counsel to speak 7 comes back without speaking in front of the judge. the opposite counsel and their client both speak in coutr while my counsel forbids me to speak in court. Am I allowed to speak in front of the judge or not ? aPlease help.

Tipsy   20 May 2009 at 18:36

How to Stop of Air and Noise pollution in silent Zone ?

Sub : Cracking down on Noise and Air Pollution

Dear Sirs,

Please find details for Noise and Air Pollution faced by the residents

Open Space use by the college in the Locality, which is a silent Zone, used For Marriage Functions and Parties goes on with hi fi amplifiers and loudspeakers without any regard of timings creates following

1 Noise & Air Pollution by Firecrackers bursting during Marriages and Receptions
2 Noise Created by Horns in Automobiles while parking near Marriage Hall
3 Noise Created by Use of Loud Speaker
4. Noise Created by Power Generators
5. Noise Created by Amplified music from musical groups during Marriages
C.Location : Somaya Ground,Ghatkopar (E)
D Landmark : Next to Somaya College
E Ward : N Ward
F Corporate Zone :

Resident Rights

As a valued member of this residential community, we have following desires

1. Fire Crackers to divided into light emitting and sound emitting, complete ban on
bursting sound emitting fire crackers between 10 PM to 6 AM

2 Sleep without disturbance from noise and distractions.

3 A clean environment in which to live.

4 Host has to arrange for Proper & Professional Car Parking arrangement
For guests

5 The Management Should provide dumpsters behind each Hall in which to empty trash.rather than throwing in the gutter opposite Hall
6 Shifting of Power Generator to Backside of Hall, to avoid the large Noise

7 Loud Speakers which starts from early morning disturbing the peace and
tranquility and it goes till late night.,

8 Responisibility on restriction on the use of loud speakers is with the state
police, use of sound amplifiers and the operations of loud speakers are restricted
according to the rules, but while issuing permission for the operation of
loudsepeaker guidelines are not observed

kalyani choudhury   20 May 2009 at 18:01

attendence in court

How many times can a lawyer absent himself from court hearings without harming his clients case ?