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khurana   09 November 2019 at 12:44

Review petition for granting the liberty to file fresh suit

Dear Sir: I had filed a Writ of Mandamus in Supreme Court as Petitioner in person. But the new lawyer filed an application to withdraw. Now can I file a Review Petition for Granting the liberty to file fresh suit, on the same cause of action . pls let me know under which rule I could do so . Pls help me...

Anonymous   09 November 2019 at 10:09

Ep restoration vs fresh ep application

Respected Sir,
I am decree holder with regard to possession of property. Lower court gave decree on 10 October 2015 in my favour for possession of property. Immediately I filed for EP for execution of decree. In the meantime JDR filed for Appeal in District Court and Appeal was allowed and EP was stayed for some time period based on petition of JDR requesting for stay of EP based on the reason that appeal is pending in the Appellant Court. Now Appeal Case is in dormant stage(i.e. not come come up before the Appellant Court bench, as lower court record is still awaited). After some time, EP stay was vacated, as petition for extension of EP Stay, was not filed by JDR on time. EP Court asked my lawyer to file for Execution Application as EP Stay was vacated. As I (DHR) did'nt respond by filing an Execution Application through my lawyer even after several chances(or adjournments) given by EP Court, EP was dismissed by EP Court on 28 October 2019.
Now what should be my next course of action. Should I file for restoration of EP or should I, at a later date file for fresh EP application since it will take a lot of time for the disposal of the Appeal Case in the Appellant Court.

Anonymous   09 November 2019 at 08:21

University is not conducting my phd viva

i worked as a regular PhD scholar during 2013-2018. I submitted my thesis in august 2018. after thesis submission, university sent my thesis for evaluation and both experts accepted and recommended for PhD viva. due to internal politics, university is not conducting my viva.

i need legal help in nanital high court of uttarakhand. i want to discuss my case in detail. please give me your contact number.

Anonymous   09 November 2019 at 03:16

We got bail after 90 days for 367 n atrocities case

Hi , my brother was accused for rape by his girlfriend now he got bail . She accused my entire family for Atrocities case since police removed my family name from the chargesheet. Only my brother is in case . So what we should do now? Pls someone help us

Anonymous   09 November 2019 at 00:40

Working on gazetted holiday

My school makes children and teachers work on Gazette holiday of Guru Nanak birthday though it is marked as a non working day in school record. No compensatory or EL is given in lieu of it.

Anonymous   09 November 2019 at 00:38

Working on gazetted holiday

My school makes children and teachers work on Gazette holiday of Guru Nanak birthday though it is marked as a non working day in school record. No compensatory or EL is given in lieu of it.

Anonymous   08 November 2019 at 20:11

Moot problem

This is a moot problem. Please help me finding a solution. Thank you!


Vipin Sahu went for an 11-day trip to Manali in September this year along with his friend Rakesh Singh and Pankaj Tripathi. He has a crippling fear of height, feels extremely nauseous, and suffers from breathlessness on heights. He took on a paragliding stunt after his friends challenged him. On 5th September 2019, they went to Dobhi, Himachal Pradesh and booked a para-gliding activity at High Fly of Kullu Manali for 6th September 2019 for around 10 am. Due to traffic jam, they reached the top at 12 pm. The pilots warned Rakesh to not go for the para gliding as there were chances of rain, but Rakesh forced the Pilot to take them for the activity. All the three signed the consent forms before starting the activity.

Gagandeep was allotted as a pilot for Vipin. Gagandeep gave all the instructions to Vipin before starting the activity. Just after jumping, Vipin Felt that his harness was not strapped on properly and gave him a feeling that he was slipping. In panic, he started yelling at the pilot and requested him to land him as soon as possible. The instructor (pilot) kept asking him not to panic and to straighten his legs because he was not able to balance the paraglider. However, Sahu kept on crying, screaming, and requesting to land him. The pilot lost control of the paraglider; the wing of the glider brushed a tree and plummeted 40 feet onto a concrete ground. Gagandeep died in the accident while the tourist with him was injured. Police investigation was carried out and a case has been registered against Vipin and Sahu under Sections 304A (causing death by negligence) and 337 (endangering life by rash or negligently act) of the Indian Penal Code.
Vipin and Rakesh has filed an application (taking defence under the general exception) to quash all the charges against them.

Note:-
A video shot by the tourist has cleared the air on the sequence of events leading to the crash. The video shows the pilot trying to control the glider after strong winds changed its direction and took if far away from the landing site. However, the glider brushed against a tree and eventually crashed into a concrete floor, leading to the fatal accident.

Anonymous   08 November 2019 at 19:08

Credit card dues

Respected sir,
Does a credit card dues comes under section 420?
Regards

JSA   08 November 2019 at 17:29

Refund of booking amount

Recently I had shortlisted a BMW car and the dealer's salesperson came home, negotiated a package including funding deal from BMW Financials (subject to their finance deptt clearance) and took a cheque for Rs.2 Lakhs as booking amount. No terms and conditions for booking amount were discussed or shared. Next day the cheque was deposited and the following day, I realised that one of the key essential feature that I required, was missing in the booked car and model. I sent an email immediately canceling the booking citing the lack of the feature with the request to refund the booking amount.

My question is that even though I canceled the booking within 2 days of making it (car loan was yet to be processed by BMW Finance), can the dealer refuse the refund citing any non-refundable policy?

Venkat   08 November 2019 at 16:29

Writ of mandamus or crp?


My research online shows that both techniques were employed. In Allahabad and Kerala high courts a mandamus writ seems to be used for such purposes.

Thanks,