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Pankaj   20 September 2009 at 19:07

Builder delaying forming society

Its been abt 18 months that the builder has handed over the pocession to the residents, however till date the society has not been formed by him.. also the builder collects the maintence amounts by cheque favouring the society (which is not formed)

Can you please adv what action can be taken or can the builder be compelled by the residents to form the society immediatelyriven

SATISH KUMAR   20 September 2009 at 19:04

DISMISSAL FROM CRPF

Sir,
I had posted a query few days back on the subject.My elder brother was charge sheetd for an alleged misconduct commited in a 1984 and charge sheeted in 1988. in yr 1985 he was promoted also. In 1988 hiservices were terminated. copy of enquiry report not provided inspite of specific request by the delinquent.Two lower courts decided against him. ADJ decided in favour of the terminated officer in 2005.state went in if for appeal to delhi high court in 2005 against the order of the high court. no show cause notice given to him before inflicting punsihment.kindly provide me case laws on the subject as early as possible. I had earlier posted a query on the same issue.bcz i did not get a reply i am posting the same once again. Kindly help. I want to send u brief summary of the case. Kindly advise me how can i send/attach with this message.That wud make the position crystal clear.
regards,
yours sincerely,

satish kumar
9810544388riven

PARTHA P BORBORA   20 September 2009 at 16:13

dinity of life

Ld. Exparts,
weather right to live with human dignity comes under the scope and preview of right to life as guaranteed by our constitution or not?
if a Municipal Board starts dumping garbage unscientifically in a public place thereby creating pollution which lowers the dignity of life of an individual of that locality comes under the scope & preview of Right to life or not?riven

Devesh Saboo   20 September 2009 at 15:01

S.65, finance act 1994

how is Section 65 of the finance act, 1994 constitutionally valid? can you tell me some important cases both in and against its favour?riven

MOHAMED ASIF MOHINUDEEN   20 September 2009 at 14:48

marks card issue

I am mohamed asif mohinudeen, i had studied my sslc in karanata and now currently pursuing B.com bangalore university. my name is misspelt in my sslc marks card as MOHAMED ASIF MAIDEEN bcos of this mistake ... the same name is continuing till tis day ... i hav a plan to go abroad for further studies but tis is is the problem which i m facing i hav all my records such as passport,voter id birth certificate evry thing is correct but,carrier life certificate as a mistake ... i even met a lawyer he said it can be done by 4 months but i shud send som letter to som deputy public director i dont knw address of tat person ,,,, i am worried so pls guide me......riven

k.k.jandial   20 September 2009 at 14:03

cases against developer

Hi learned colleagues,
How can I get information about cases under trial or finally decided in Consumer forum/ civil court/High courts/ Apex court of Indiaa against Parsvanath Developers Pvt,Ltd. agaist their project Parsvanath Royale Panchkula.
Pl. guide with details.

Thanks in advace. K.K.Jandialriven

A.P.Rajagopal   20 September 2009 at 13:42

termination of membership of club during probation period

hello sir

this is very urgent . i am the member of a recreation club for the past 10 months and the probation period for the same is 1 year. the secy of the club who has a personal enemity on me, for no reason terminated me by convening the executive committee. no notice has been served on me and no complaint against has been recd from any member. does a stay order on termination can be got .can writ order like mandamus can be got against termination till the civil case to restore membership is done.



ap. rajagopal

riven

A.P.Rajagopal   20 September 2009 at 13:40

club membership termination during probation period

hello sir

this is very urgent . i am the member of a recreation club for the past 10 months and the probation period for the same is 1 year. the secy of the club who has a personal enemity on me, for no reason terminated me by convening the executive committee. no notice has been served on me and no complaint against has been recd from any member. does a stay order on termination can be got .

ap. rajagopal

riven

anirudh narain bhatt   20 September 2009 at 13:25

value of subsequent orders

if foundation order is setaside by court than what is the value of other orders or transactions based on that foundation order?
describe it in detail n if u have citations than plz give me also.riven

Ria   20 September 2009 at 12:58

Exparte order set aside - Appeal and grieveance - help !!

Respected Experts,

Mine is a divorce petition which I instituted 5 years back in Thane district court, Maharashtra. In the 5th year my case was transferred to the fast track court that is on 21st march 2009. My husband did not appear in fast track court for 4 months after the transfer, therefore I made an application for deciding the case Exparte. . (Iam appearing party in person)

Before passing an Exparte order the judge issued a notice to my husband’s lawyer informing about the transfer of the case to the fast track court as my husband’s current residence address is not known. The 2 lawyers on record are father and the son. The advocate father received and signed the notice but still they did not appear in the court for the next 4 hearings.

Surprisingly on the very same day after 4 months, when the final Exparte order was to be passed, my husbands advocate applied to the setting aside Exparte order on the grounds of non-receipt of the notice of transfer of case to fast track court. The judge Justice M.H. Belosay of thane district court, room no. 225, accepted the application to set aside Exparte and gave a date for argument on the application.

However the judge seemed biased and does not pay attention to my pleadings as:

1) Judge Belosay did not at all give me an adequate opportunity to present my side of argument, and listened properly only to my husbands lawyers argument.

2) Whenever I presents any application like recovery of interim maintenance due petition, say on setting aside Exparte application and other legal application the judge tries to put me down by saying: My god!!! How many applications are you presenting?

3) There is a discrepancy in the cause list – the online status of the case is stated as dismissed on April 21st 2009 (reason stated – contested or otherwise), but in reality the case I still going on in the court. On the date of the hearing the court clerk refuses to list my case on the cause list even after bringing that to her notice though the case is heard. And screams and shouts at me if I request her for having a look at the Roznama, when same is given to my husband’s lawyer, without any tantrums by the court clerk.

4) Also the court clerk did not put on record the bailiff report of my husband’s lawyer having signed and received the notice of transfer of case. When I found out that the report/receipt is missing, shockingly she replied that she has no time to see where it is and that it must be lying somewhere around the court files. When I said that I will complain if the report is not found, after 4 hours without any need for searching she gave it to me from the cupboard nearby, as she knew it was there.

5) Judge Belosay even though there was prima facie evidence on record in the court, that my husbands lawyer has received the transfer of case to fast tract court notice, set aside the order to proceed Exparte stating that they did not receive the notice as a family member of my husband’s lawyer had received the notice.


Iam totally depressed by this injustice I have to face, Iam feeling helpless. I want to appeal against the setting aside of Exparte order. Please guide as to where should I file the appeal, in the High Court of Mumbai or in the same court i.e. district court of Thane.

Also please advice as to how to proceed against court clerk and bring to the notice the discrepancies going on in fast track court.

riven