Anonymous
13 October 2018 at 13:45
I was the distributor of ice cream company. About four year back govt agency come and take the sample of ice cream. I informed about the same to the company with memo issued to me. But no response from company side. After a month a sample report send to me which show the sample is rejected due lack of fats. I I also submit the purchase bill to said agency.
Now the case is pending before the ADC court.
Kindly guide can I stand responsible for the same or how can the matter is solve.
Mr Sreejit
13 October 2018 at 13:23
An exparty order of Inj and Status-quo was granted in favour of Plaintiff in a Title Suit in 2013 and the plaintiff keeps religiously filing petition for extension of the same stating a fake reason that ' the situation initially prevailed is still continuing', on each date of hearing. The Hearing of Ad-Interim Order of inj. is 'still' being in the process of 'hearing' at a bench in City Civil Court, Calcutta.
The fact is, as such, the reason for which the orders were granted were fake, frivolous and imaginery and never existed not could exist at any probabilities and the order itself is in violation of an earlier HC Calcutta Order in a case relating to same property between predecessors -in-title.
The last date was 17th Sept. 2018 wherein the Defendants-in-person filed hajira in the court and as well as served a copy of their petition under Order 2 Rule 2 and 3 to the Adv. of the plaintiffs, in person and filed the 'copy served petition' at the Court.The Adv. of the plaintiff signed and handed over the petition to the defendant-in-person.
That day court did not function for obvious reasons.
The next date was fixed for 'Extension of Ad-Interim Inj orders' on 12th Oct 2018.
The def-in-persons filed a petition u/s 151 of CPC therein pleading that, some error had crept-in in the records of the court or some casual/clerical/mechanical mistake had happened in the court records due to which it was stated in the cause-list that the next date is 12th October 2018 for extension of Orders and, as such the plaintiffs had never filed any petition seeking any extension and as such the court has NO MANDATE TO GRANT THAT IS NOT SOUGHT FOR.
Also the def-in-persons filed a put-up petition to hearout their above petition u/s 151 before the court on 12th Oct 2018.
The Adv. for plaintiff placed a fake and casual reason that 'IT IS NOT POSSIBLE TO GIVE NOTICE/SERVE COPY OF EXTENSION PETITION TO THE DEFENDANT-IN-PERSON AT HIS HOUSE', whereas the facts are: 1. The Adv. of plaintiff himself signed and received the petition of the def-in-person at his designated Bar location from the def-in-person. Actually he failed to file / serve any petition for extension. whereas before the court he pleaded with a false reason, also he did not leave any notice at the court office if that the Adv. was not able to locate the def-in-person. Actually the address of the def-in-person is in the court records and no petition ever submitted by post or any messenger too.
The Adv. for Plaintiffs did not plead for excuse nor pardon for the lapse.
The def-in-person though not a person of legal fraternity understands this much that in the ADVERSARY SYSTEM OF JUDICIARY the Judge is not 'OBLIGED' to GRANT WHAT IS NOT ASKED/SOUGHT/PLEADED FOR. Also the Adv. did not plead for pardon or excuse.
The Judge, on 12th October 2018 did not mind the lapse/error/ audacity of the Adv. of the plaintiff and 'TOTALLY IGNORED' the petition u/s 151 for a prayer to pass an order declaring that the ex-party ad-interim Orders of injunction and status-quo got vacated due to failure to file petition for extension on behalf of the Adv. of Plaintiff.
The position, case, interests of Def-in-person is seriously hurt due to indifferent and callous attitude and conduct of this Judge.
Actually the injunction is awarded to restrain the defendants from causing disturbance in the painting work of the wall of the plaintiff.
I plead with the experts here to guide a remedy to this situation.
Anonymous
13 October 2018 at 13:21
Dear Sirs
I live in UK. We have ancestral property (land) in india through my great great grandfathers and is nearing its selling stage. First of all I am the only legal heir to my father (only son) and my father is living back home. I have no objection to my father selling the ancestral property. But I cannot travel to India since my passport is currently under process. My question is shall I just send a simple NOC that is drafted by me with my picture in a white paper without stamped?? But lawyers back home are insisting me to send general power of attorney as a legal heir duly in front of notary or even in Indian embassy.
As my situation is complex since I don't have my passport to do so for this GPA. Even if it is yes.. the new law states that I need to produce a life certificate that is most unlikely to get it certified since the law in UK does not support to do so for a medical practitioner to give this sort of certificate.
Please help me everyone.. is there anything that can be done to make this happen.
Thanks
Anonymous
13 October 2018 at 08:31
AFS cancelled on plain paper, us it ok?
Sale deed done...Does it wipe out AFS?
Sale deed mentions 40lakhs but deal was for 45 lakhs. All chq. Buyer wanted to save stamp duty. Position?
Can it be argued that deal has not been completed? What recourse against buyer?
Advice please. Dt 13.10.18
Anand Anand
13 October 2018 at 00:45
Hello friends..my property was been trespassed by some persons we have filed a case and booked case against them from court of law..they have taken station bail from the police and kept surity.thw case is been trial.now they are again trespassing my property ..how can the bail operate and how can we restrict them from not disturbing my physical possession..please help me to restrict them to put under pressure and also let me know what police can do with the bail..thank you.
Anonymous
13 October 2018 at 00:36
I want to pursue Taxation law as my field and currently persuing llb . Please tell how to proceed in order to be a great earning taxation lawyer.
vikas pal
13 October 2018 at 00:29
dear sir,
maine ek sim liya aur ek doosra aadami mere sim ko badal kar kisi doosare ka sim mujhe de diya. aur mera sim khud use kar raha hai. uske khilaf mai kya kar sakta hu.
please mera maargdarshan karen.
thanks
Anonymous
12 October 2018 at 23:38
Whether claimant can file Compensation under section 163 A of M.V. act if the income of the deceased is more then Rs 40,000/-?
Say if the deceased had an income of Rs. 70,000/-
Whether Rs. 40,000/- Per year is the limit.?
Please suggest
Rohit Telang
12 October 2018 at 22:53
I am residing as a tenant in Kandivali East,Mumbai for the past 2 years.Before granting
NOC for tenancy the society told me to pay Rs.8000/- per year for swimming pool and gym.Although I told them that I do not need those facilities the society office told me that its compulsory for the tenants to pay whether they use the facility or not.The owners are not charged anything as they had paid onetime for this when they purchased the flats and in their maintenance bills no amount is charged for this.The society refuses to give receipts for the same.I paid by cheques. What is the remedy for me to recover the amount.Can I complain to the dy.Registrar?
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Sampling case
I was the distributor of ice cream company. About four year back govt agency come and take the sample of ice cream. I informed about the same to the company with memo issued to me. But no response from company side. After a month a sample report send to me which show the sample is rejected due lack of fats. I I also submit the purchase bill to said agency. Now the case is pending before the ADC court. Kindly guide can I stand responsible for the same or how can the matter is solve.