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raju   18 August 2024 at 22:44

Age superannuation

An employee of private job was terminated without any notice or inquiry and civil suit for reinstate with back wages pending in lower court at initial stage. My query is that income of employee has come to end and no other job left due to age factor of 56 years. Can employee have any remedy to approach High court for early decision of his case pending before lower court.

Anonymous   17 August 2024 at 19:44

Car parking space in apartment

I own a flat in Kolkata, with one car parking space. Since I don't stay in the unit ( kept under lock and key), I have rented out only the car parking space. Now when I visit the unit ( generally on weekends), the staff deny my car to park there at vacant common area, stating that your alloted space is already occupied. I reason with them that my visit is for some hours, but they won't listen. Requesting any legal remedy

anil kumar singh   17 August 2024 at 14:39

Ownershio transfer in rwa society in ghaziabad

I purchased a flat in a rwa society in ghaziabad in 2018 but I could not get ownership transfer that time. Now I requested for ownership transfer but RWA has increased the transfer charges as 0.5℅ of flat value. I denied to pay but they are not allowing my vehicle inside premises and they are not issuing the rfid sticker for vehicle saying that in their record of flat owner my name is not there.

at your mercy   16 August 2024 at 06:22

sa fiiled before 4 years still heard

A friend of mine at Salem became successful bidder for a property from Indian Bank and got salesale certificate registered and as wel as possesion through DJM court 2 years back. The beauty is the borrower had challnenged the sale notice on the basis of low price and justifying default payments due to Covid. But depite a conditional stay given for payments, he did not comply and hence the sale process was done as the time barred. But the old SA filed 4 years before challenging sale is going on with a clear intend to stretch with reposting . It is more than a year the presiding officer at DRT coimbatore is not available.
My quetsion how an appeal challenging the sale notice still heard in the same court which allowed sale. It appear very evidently the advocates clubbing together to keep the cases pending. Also as the case started the advocate took lump sum of 25K saying for the case. In between he keeps asks money for some frivelous petition filing and eventually the case gets rejected on the same first day !
PLEASE advise further course of action to bring it to end

raju   13 August 2024 at 17:09

Specific relief act 34 and 39

An employee was working in private job for almost more than 6 years and the employer removed terminated without any notice or inquiry and also did not pay his salary and gratuity. The employee advocate filed civil suit under the specific relief act section 34 39 for reinstate with full back wages and mandatory injunction. My query is whether the advocate had filled correct suit as some one has confused me that case should have been filled under section 37 CPC summary of suit. Please advise.

Ajay Gupta   10 August 2024 at 23:49

Order 21 rule 58

One Amarjeet Singh sold me a property in the year 2015 .After a year ,he also transferred the same property in his bhabhi's name Baljeet Kaur by fraud .Baljeet Kaur is the judgment debtor in some case and the execution proceedings whose property has been attached. Actually I am the previous owner in possession of the property attached. Now I have to move an application in the execution proceedings .Kindly send me the format of application under order 21 rule 58 in this regard. Thank you.

bharat khatwani   08 August 2024 at 07:50

Reposting previous question liability of an advocate

Following post was posted here a while ago.I request you to revisit same and opine.....don't you think that advocate had violated rule 4 and 5 of guidelines of bar council by sending legal notice????.....Rule 4: Play Fair with the Other Side

Lawyers (advocates) must follow the law and keep things fair for everyone involved in a case. This means they can't do anything illegal or unethical against the other party. Examples include:

Making up fake evidence
Tampering with what witnesses say
Personally attacking the other side
Rule 5: Client Says Jump, You Say "Hold On..." (Sometimes)

Lawyers have to fight hard for their clients (zealous representation), but they also get to use their own judgment. This means a lawyer can refuse to:

Take a case they believe is based on lies
Use arguments or tactics they think are unfair Anonymous (Querist) 20 September 2011This query is : Resolved THE HON'BLE HIGH COURT DISPOSED OFF A CASE RELATING TO THE ORDER OF DRT APPELLATE TRIBUNAL IN DISMISSING THE APPEAL FILED BY A GURANTEER. IN THE ORDERDTD.09.08.2011 PASSED IN THE PRESENCE OF THE COUNSELS OF BOTH SIDE, THE HON'BLE HIGH COURT SET ASIDE THE ORDER OF DISMISSAL WITH A DIRECTION TO BOTH SIDE TO APPEAR BEFORE APPELLATE TRIBUNAL ON 29.04.2011, ON WHICH DATE THE APPELATE TRIBUNAL SHALL FIX A DATE FOR FINAL HEARING OF THE APPEAL.IN THIS CONTEXT AND WHEN THE GURANTEER/ APPELLANT HAS NOT RECIEVED THE CERTIFIED COPY OF THE ORDER OF THE HON'BLE HIGH COURT IS IT LEGAL ON THE PART OF THE BANK ADVOCATE TO SEND A LEGAL NOTICE ON16.08.2011 TO THE GURANTEER EVEN ASSUMING THAT, THE BANK HAD INSTRUCTED HIM TO DO SO SPECIALLY WHEN THE ORDER OF THE HON'BLE HIGH COURT IS PASSED IN HIS PRESENCE. WHAT SHOULD BE THE LEGAL OBLIGATION OF THE ADVOCATE OF THE BANK IN SUCH A PECULIAR SITUATION?

Read more at: https://www.lawyersclubindia.com/experts/Legal-liability-of-an-advocate-while-sending-a-notice-231961.asp

Hari Konanur   06 August 2024 at 22:36

Our home litigation

Namaste sir

1. My father purchased 1200 sqft DC converted site in the year 1997 at Bangalore North Kodigehalli
2. In 2003 the Khata document related to DC converted site was obtained from City municipal council
3. DC conversion meany Deputy Commissioner converts the agriculture land into Residential site for house constructions.
4. In 2005 My father executed gift deed in my name and plan saction with necessary permissions are obtained for Home construction
5. Within 2006 Feb House was constructed and occupied the house
6. Now still house is under meagre Home Loan
7. I heard news from my neighbours that earlier landlords are planning to file case gainst the house owners.
8. Our layout is fully developed with house constructions and hardly very very few vacant sites are left with no construction activities.
Our doubt is ;; Is it possible to file case againt the house owners at this juncture

Please advise

Regards
Hari

Anonymous   05 August 2024 at 21:11

Ews certificate is valid or not!

My wife got selected as teacher in group C post and joined on 28 July 2024 in the department.
I already have my ews certificate issued on 5 June 2024 for session 2024-2025 on the basis of income of financial year 2023-2024 , now she wants to apply for Group B teaching post. Can she still apply under ews category , as in the advertisement ews certificate for session 2024-2025 was asked to submit. Please clarify asap.

Anonymous   04 August 2024 at 12:01

Property of hindu undivided family

परिवार की संपत्तियो का पारिवारिक सदस्यो के मध्य कोई कानूनी बन्टवारा नही हुआ है क्या ऐसी स्थिति में भी कोई परिवार का सदस्य स्वयम के नाम से कोई संपत्ति क्रय कर सकता है और क्या वह अकेला स्वयम को क़ानून मान्य एकल मालिक मान सकता है यदि उत्तर सकारात्मक है तो ऐसा कब व किन परिस्थितियो में माना जायेगा ?