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anshul sangal   29 May 2009 at 07:17

Ground of second appeal

Sir can you define what is substantial question of law as a ground of second appeal under C.P.C in sec-100

Suresh C Mishra   29 May 2009 at 05:25

filing appeal under PG ACt

Mr A has filed an appeal in the April 2008 without enclosing any certificate of deposit of amount ordered by the Controlling authority Is the appeal Mainainable ? How one can maintain appeal without deposit of money ordered .

rakesh   28 May 2009 at 22:58

Query - All Experts, its very urgent

Dear all experts, pls spare a moment for this query

X(Wife) moving to court against dowry, domestic violence (also including in laws) and mental abuse. The husband also having physical relations with another lady for a year. X's parents staying in a city different from her in laws. X wants to immediately shift to parent's house.
Where should police diary be done - she plans to raise her only son from her parent's house

company worker   28 May 2009 at 21:52

legal heir cetificate

Experts please help me to know, How to collect legal heir certificate and succession certificate. What are the documents needed?

M. PIRAVI PERUMAL   28 May 2009 at 19:23

QUERY - URGENT

One Mr. X got a registered power deed executed in his favour from a land owner (instead of sale deed as he intends to sell the same to another person) and paid the entire sale consideration and had obtained a receipt from the land owner. The land owner has cancelled the power deed without the knowledge of Mr. X and inspite of receiving the entire sale consideration.
Now what Mr. X to do ? Mr. X want the land. Kindly advise

Khaleel Ahmed   28 May 2009 at 19:09

Court fee for land acquisation claims

A had a house plot. The A.P State Government acquired the plot along with other owners plots. A is living under below powerty line. A have to file suit of compensation for his plot .

Q. Whether A have to pay the court fee as per advolerm or can court give exemption of payment of court fee at the time of filing the suit?

Legal Fighter   28 May 2009 at 18:32

Non-reduction of Interest rate on home loan

Hi Experts,

I had taken home loan from a private bank on floating rate of interest. The bank increased the rate of interest at very fast speed from 7% to 12.75%. But as the interest rates are going down, the bank has reduced the rate just to 12.25%. For more reduction in interest rate, they are offering some plans by payment of 1% or 2% of outstanding amount and getting the interest rate reduced to 11% or 10%.

Now my question is that is all this ethical and legal on behalf of the bank? What can I do?

satish   28 May 2009 at 16:44

tds

sir
Can u tell me about this matter

one bill issued by me Worth amount is 271 USD and he paid me against biil amount 12044 Rs and the actual Bill amount is 13200.41Rs in indian curr.

tall me he authrise tds ded in my payment the payment is forgein
Thanks
Satish

kaushikphm   28 May 2009 at 16:17

partition

My sister and myself have property value 10 Lakhs and plan to partition the same.
What will be stamp duty and other fees applicable in chennai.
Please advice

A.Mohamed Thaheer   28 May 2009 at 14:51

false information furnished caused financial loss

What will be the legal course of criminal action could be initiated against the official who furnished false particulars resulting to withholding of the retiral benefits for more than 5 years?

The details of the case is follows:

"A" retired on 30-09-2004.

On the date of retirement, there was one Disciplinary Proceeding was pending under Rule 9 (2) (b) of the CCS (Pension) Rules, 1972.

Hence, all his retiral benefits were withheld.

On 28-04-2006, the Disciplinary Proceeding
was dropped and eligible for all retiral benefits with effect from 29-04-2008.

After a period of 6 months from the date of exoneration from the charge, the Head of the Department had sent a proposal for the payment of only provisional pension, but not for other retiral benefits such as gratuity, commutation of pension etc., for which the retired officer is legally entitled.

In the pension proposal form, the Head of the Department had purposely and vindictively furnished FALSE PARTICULARS
as if there is some criminal proceeding pending against the retired officer, (i.e)
on 20-11-2006. (after the acquittal of the only one charge pending on the date of retirement.This false information has resulted in withholding of other retiral benefits till date.

This false particulars have been furnished in contravention of rule 9 (6) (2) of the CCS (Pension) Rules, 1972.

By proving the false particulars furnished by the Head of the Department to the Central Administrative Tribunal, Chennai,
the CAT directed to make the payment of the entire retiral benefits with interest, observing that the withholding of the retiral benefits is legally illegal.

But the High Court Chennai, quashed the CAT order without application of mind and without verifying the relevant documentary evidences submitted to the CAT and also without reading the entire judgment of the CAT who justified each and every point in detail after careful examination of all the relevant records in this case.

This is a very clear case of apparent error on the face of record and clear non application of mind and judgment is also PER INCURIUM.

The judgment of the High Court was given on 30-09-2008. Due to some valid reasons, no review application could be filed till date.

Now, the time has matured for making a review application for obvious reasons, which could be explained for condonation of delay for making review application?

Will the review application will be entertained at this stage or not, or it will be affected by the period of limitation for the delay of more than 6 months?

Please examine and give your expertise legal advice.