V V SATYANARAYANA
18 February 2009 at 22:36
Sirs,
As per proviso to Section 60 (1) (i), where any part of the portion of the salary is under attachment continuously or intermittently for a period 24 months, that portion of the salary is exempt from attachment for a further period of 12 months. It continues to read as if any attachment under the same decree, continued continously or intermittantly for a period of 24 months, that decree is exempt from attachment.
I have a point to ask to my learned friends that if under X decree a deduction continued for 24 months from 1.1.2007 to 31.12.2008, can a deduction under Y decree received in the month of February'2009, be made from the salary for February'2009.
Shall be thankful for clarification in the matter.
Ramesh
18 February 2009 at 12:35
Defence Authorities had taken over the lands from inamdar, on lease in the year 1963 after fixing the Lease Amount.In the mean time tenant on the land goes to The court and matter was finally settled as a compromise as 60:40,the court also agrees for the compromise settlement and disposes the case.
When the parties approached the joint collector for issue of patta certificate,he raised an objection saying "The applicant/s should be in possession of the land s on the crucial date of vesting i.e, 1-11-1973" . Accordingly he disposes the case in favour of Defence Authorities.
My question is, can Joint collector take such decision, on legally leased land to Defence Authorities.
The parties again approached the High Court for JUSTICE.
Jithendra.H.J
17 February 2009 at 23:02
a suit for possession was filed by the land lord against the tenant, when the case was posted for judgment, the tenant has filed application to set aside the exparte order, and prayed for the permission to takepart in the proceedings, but the application was rejected, the court has given the reason that the "once the suit is posted for judgment cannot be reopened", judgment was pronounced against the tenant.
tenant has filed the appeal, got stay order.
the stay order passed by the appellant court is as follows:
"the execution and operaion of the judgement and decree passed in O.S---/-- dated--/--/-- on the file of the ----- are hereby stayed till next date pending disposal of IA No.1"
subsequently the land lord has filed the execution petition, the tenant has appeared before the executing court and has filed the certiied copy of the stay order, the learned judge and the learned counsel for the Decree-holder(land lord) are saying that the stay order is not in force as it is stayed only till next date of hearing, contention the JDR is that it is stayed till pending disposal of the IA,
(judge is asking for the citation!)
what is your opinion is the order is stayed only till next date of hearing or till disposal of the IA-1?
Manish Singh
17 February 2009 at 12:22
Dear Members,
Could you please provide me any citation where the SC has interpreted the term "Obstruction in duty of a public authority" in detail.
Thanking You
Manish
rk
17 February 2009 at 12:08
what is procedure to inform court, on letter of admin. issued , asking the administrator to report about inventory of property in whose context it was orignally issued by court , is there a format
and whom or which dept in court one can submit
does this also require a lawyer ?
rk
17 February 2009 at 12:05
how to enforce letter of administration issued to me for flat acquired via inestate state left behind by my father if thru court how , court issues letter of admin what is next step , who is to be approached ?
venkat reddy
16 February 2009 at 22:19
a person had met with accident he had claimed treatment charges from the ESI(employment state insurence)he had the coverage of this because he is paying contributionfor this.He had partially disabled by this accident could he claim compensation or file an OP againt from whom he received injury.
could any body would help out.
DR.P.L.NAWALKHA
16 February 2009 at 12:34
I RENTED MY PREMISES TO A PARTNERSHIP FIRM.FOR EVICTION OF PREMISES,A CIVIL SUIT WAS FILED ,CONTESTED AND LOST BY ME. ONE OF THE PARTNER WAS CONTESTING THE SUIT ON BEHALF OF ALL PARTNERS OF FIRM. I APPEALED IN HIGHCOURT .MEANWHILE WE HAD NEGOTIATIONS.OUT OF FIVE PARTNERS,FOUR PARTNERS WERE SIGNATUREE TO COMPROMISE AND I TOOK POSSESSION OF MY PREMISES.THE FIFTH PARTNER A SLEEPING PARTNER CHALLENGED THE COMPROMISE IN 2002. SOON AFTER COMPROMISE THE FIRM WAS ?DISSOLVED/NON FUNCTIONING. OTHER PARTNERS STARTED WORKING WITH NEW FIRM AND FIFTH SLEEPING PARTNERS WAS OUT.SHE CHALLENGED MAKING ME AND OTHER FOUR PARTNERS AS RESPONDENT.I WAS GIVEN AN UNDERSTANDING THAT MY COMPROMISE IS VALID.SINCE SHE (FIFTHPARTNER)CHALLENGED,IT RAISED DOUBTS.WHAT IS THE EXPLICIT POSTION IN PARTNERSHIP ACT WITH LATEST RULINGS ALLOWING ONE OR DEFACTO MANAGING PARNER PERMITTED TO GIVE POSSESSION OF RENTED PROPERTY TO LANDLORD.
Anonymous
15 February 2009 at 19:03
can a seller who sold a property before 30 yrs through POA Holder and after 30 yrs when we are not having his power of attorney in our possession ,can say in civil court,where we filed case of titledeed suit against them,that they gave the property for staying in the building through license by word,hindi word is-"mokhikh rahawasi license " and to which they are revoking.
Do there these pleading will hold ground in court,as we have submitted atleast 40 documents in court for proving our title,including the seller own original purchase deed,our posession since of 30 yrs as owner etc.
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for a right under easementary act of pathwy with out Mantory injuction.
Sir/Madam,
Would you like to clarify my problem? My problem is - a Plaintiff filed a suit for a path/way from his house to road intervening a government land over which 8 quarters exist with a prayer to declare his right and to demolish the 8 quarters along with perpetual injunction. Ultimately the court decreed in his favour and he filed for execution of the decree. So my question is can this decree is executable without a separate prayer of Mandatory injunction. If yes kindly do provide some citations of any High court or Supreme Court. Waiting for your valuable reply. -Ramdas-