venkat reddy
13 June 2009 at 08:10
In mortgage by condition sale will morgagee had right to sell the property after expiry of the due date.please let me know.
Gopal Krishna Behera
13 June 2009 at 07:30
When and how can a decree be executed against a legal representative?
venkat reddy
13 June 2009 at 07:25
A has tenancy rights over some lands according to AP tenancy acts and he is fighting for his rights at various courts in the mean time he passed away leaving behind his sons and daughters as legal heirs. recently daughters came to know that their brothers misreprasented them selves and falsely given a AFFIDAVIT before MRO that they are relenquishing their right over the property now how will daughters approach for their rightful share.
vinod bansal
12 June 2009 at 21:45
R/Members
Kindly clear me difference in between solicitor general / Attorney general of India.With Thanks
Ravinder Sood
12 June 2009 at 21:14
Accounts are being maintained in 'tally'. Computer operator who feeded the data/made entiries has left the job.I had filed a suit for realisation of certain amount on the basis of goods sold on several times and amount received also at several times. In other words, of the difference of the two.I am told that computerised statements are admissible under sec. 65 B of Evidence Act but certain ingredients as mentioned in the section are to be proved before making the print out to be admissible.Pl. send me the details (certificate/affidavit)to be given alongwith the computerised account statement. In my case by whome it will be given.
Ranganath
12 June 2009 at 19:28
Ld counsels,
What is the role of public prosecutor while appearing for an anticipatory bail hearing. Once the bail is ordered is it valid or legal for the PP to say that he had failed to notice the allegations in the complaint and had reported only the part of the offenses made out in the complaint to the court during the hearing.
How will such a failure be treated by the court at a later point. The point here is that the bail was pryed fearing arrest based on dowry complaint and the prosecutor confirmed that it is a case of dowry demand. But later the complaint copy was altered by police with allegations of cheating which was not repoted by the PP during the hearing.
Please clarify. Thanks
sandeep chavan
12 June 2009 at 19:08
Under the SRA scheme of Maharashtra government. The Builder has approved the slum on his land using our name appearing in voting list of 1983/84 as needed under the maharashtra state government SRD Scheme. Now he has developed the land showing 74 huts on that land under SRA Scheme. Actually we do not have any concerned on that land we are staying next the said plot of land. We have complained to concern government authority but as usual they are not responding. Now where can we ask for justice. In which court we can file a case? what is the procedure? does the government provide advocate as we cannot afford to hire a advocate? Pl reply.
AJIT KAWATKAR
12 June 2009 at 17:28
A immvble open ppty.with medium size house was purchased in 1964-65.mutation is in the name of purchaser till this day.7/12 extract till 1987 had remark "sara mafine" probably means "no n.a.tax".so no body came for collecting it. but after 1987 we are receiving notice every yr.for paymnt of N.A.tax &we are paying it since then.ppty adjusnt to ours is not charged N.A. till today.My Q.is 1]how a ppty.was exmted. from tax till 87 suddenly charged N.A.1987 onwards.are there s\is any law under which it applies[REF] 2]is it not wrong/absurd not to charge N.A. to a ppty next/adjusnt.to ours.3]if in your opinion it is wrong kindly suggest how to proceed to get this rectified. ppty. is in aurangabad{city} maharashtra.
neeraj
12 June 2009 at 17:16
can i go to high court as the diciplinary authority did not follow the principles of natural justice he evaded to examine the witness and issued order under service rule central govt. i have made appeal to the appellate authority but i want to know whether i can go to high court for necessary remand back for reexamination of the witnesses.I remember the hon sc has accepted the PIL to accept the case even if the case is pending with appellate authority.
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Need copy of below Judgment of Madras HC (Madurai Bench)
I urgently need a certified copy of judgment in respect to the below news in "The Hindu" dated 16.05.2009. Can anybody help me getting the certified copy of the same. I am ready to pay the charges incurred for the same. Pls help me.
Victim cannot seek remedy under two different enactments for same cause: HC
Mohamed Imranullah S.
As a police complaint had already been filed, cognisance cannot be taken under Domestic Violence Act
MADURAI: Judicial Magistrates cannot take cognisance of a complaint under the Protection of Women from Domestic Violence Act, 2005 if the victim had already lodged a complaint with the police under the provisions of the Indian Penal Code, the Madras High Court has ruled.
Disposing of a petition filed in the Madurai Bench by a family from Dindigul, Justice V. Periya Karuppiah held that a victim could not seek remedy under two different enactments for the same cause of action as it would amount to double jeopardy which was prohibited under the Constitutional law.
The Judge also said that a woman could not demand action, under the Act, against her in-laws for writing a letter to her husband’s office seeking his employment details. He agreed with petitioners’ counsel N. Veera Kathiravan that the complainant would not be in anyway aggrieved by such a letter.
An aged woman, her daughter and son-in-law had filed the present petition seeking to quash an order passed by the Dindigul Judicial Magistrate-II who took cognisance of a complaint lodged by the former’s daughter-in-law alleging that the petitioners assaulted her and also wrote letters to her office and that of her husband.
“Apply mind”
Stating that the mother-in-law alone could be prosecuted for writing a letter to her daughter-in-law’s office, Mr. Justice Karuppiah said: “When a complaint is filed under the Act, the lower court must apply its mind and ensure if the allegations attract provisions of the special enactment. But in this case, it has been taken on file abruptly.”
The Judge quashed the case with respect to the victim’s sister-in-law and brother-in-law on the ground that there was no evidence to prove that they assisted in writing the letter.
In so far as the allegation of assault was concerned, a complaint was pending with the police and hence the victim could not invoke the 2005 Act, he said.