Anonymous
03 September 2024 at 16:24
In a highly publicized environmental case, the Supreme Court of India was tasked with determining the legality of a new industrial project near an ecologically sensitive area. The case involved complex environmental and scientific data, which the judges found challenging to interpret. Recognizing the need for expert assistance, the court appointed Dr. Radhika Rao, a renowned environmental scientist, as an Amicus Curiae to provide independent advice on the potential environmental impact of the project. However, one of the parties contested Dr. Rao’s appointment, arguing that her past affiliations with environmental NGOs might bias her views. What is the role and responsibilities of an Amicus Curiae in legal proceedings. How does the court ensure that the advice provided by an Amicus Curiae is impartial and free from bias? Should past affiliations of an Amicus Curiae disqualify them from offering expert advice in a case, or can the court mitigate potential conflicts of interest?
Anonymous
03 September 2024 at 16:06
1. Mr.X constructed an individual house with 1000 sft in 1989 on one ground Land in Chennai .
2. He registered a Settlement Deed of the Property with the House to his Son Mr.Y and Daughter Ms. Z with 50% joint ownership through a Settlement Deed in 2016.
3. In the year June 2023 both Mr.Y and Ms.Z sold the property for 70Lacs.
4. The Fair Market Value of the Property is to be arrived at as on 1.4.2001 to work the Long term capital gain.
Query.
For arriving the Fair Market Value,
A) Can the Land value and Building value to be calculated separately and added to get the Total value of the Property. If so, What should be the basis for the Building value.
B) Can a composite value ( like that of a flat) be adopted for individual house
C) Is the indexation allowed on the Total Fair Market Value of the Land and Building as on 1.4.2001.
Anonymous
03 September 2024 at 15:57
2. Mr. Sameer Khan, a businessman, filed a lawsuit in the District Court of Delhi against JAY’s Corporation for breach of contract. The court issued a notice to JAY’s Corporation, and the case was scheduled for a hearing. However, due to an administrative error, the court staff failed to notify JAY’s Corporation of the hearing date.On the day of the hearing, Mr. Khan and his legal team appeared in court, but JAY’s Corporation was absent. The court, unaware of the notification error, proceeded to hear the case ex parte and ruled in favor of Mr. Khan, awarding him significant damages.When JAY’s Corporation learned about the court's decision, they filed a motion to set aside the ex parte judgment, arguing that they were not given a fair opportunity to present their case due to the court's mistake. In such a case what is the court's responsibilities in ensuring that both parties receive proper notification of hearings. Under what circumstances can JAY’s Corporation successfully have the court's decision overturned and what are the ethical obligations of Mr. Khan and his legal team?
Anonymous
03 September 2024 at 15:43
1. Mr. Arun Mehta, a well-known solicitor, was representing Mrs. Anjali Desai in a complex property dispute. During the course of the legal proceedings, Mr. Mehta was approached by the opposing party, Mr. Rajesh Singh, who offered him a significant sum of money to share confidential information about Mrs. Desai's case. Mr. Mehta refused the offer and informed Mrs. Desai about the attempted bribery. However, despite his refusal, Mr. Singh publicly accused Mr. Mehta of accepting the bribe and leaking sensitive details of the case, damaging Mr. Mehta's reputation.
Mr. Mehta decided to sue Mr. Singh for defamation. Meanwhile, Mrs. Desai, worried about the integrity of her case, decided to terminate Mr. Mehta's services and hire a new solicitor, citing concerns over the potential conflict of interest. In this case what are the legal implications of Mr. Mehta's decision to sue for defamation. What are the necessary elements he must prove to establish a successful defamation claim? Could Mr. Mehta have any legal recourse against Mrs. Desai for wrongful termination of their contract, considering the circumstances?
Vasudevan
03 September 2024 at 13:18
Respected Learned Experts, My department has filed a Writ Petition before the Madras High Court challenging the order passed by the Central Administrative Tribunal, Chennai Bench favouring me. I am appearing as Party In-person. I had filed the counter statement before the court and also served a copy by post to the department's advocate also. How can I file the copy of acknowledgment card for service of counter statement to the Advocate before the High Court. Whether it should in the form of Miscellaneous Petition or ZMiscellaneous Application or Memo of service or Affidavit of service. If any standard format is available, the same may please be shared. Thank you very much to one and all in the Forum, in anticipation.
Kavitha Balan
03 September 2024 at 08:48
There is already a complaint pending with registrar on the illegally transferring the association activities to a set of people in the society without any proper election. A notice was served on the same to the association.
Despite the complaint is under investigation at the registrar, they are transfering the administration to the set of people. can I file a police complaint on association for illegally transferring the administration to other team ?
Bharath
03 September 2024 at 03:43
Hello everyone, we have a piece of land that was in my father's name. After he passed away, I attempted to transfer the land to my mother's name. All the survey numbers were successfully transferred except for one, because it wasn't listed online at the time. As a result, that particular piece of land wasn't transferred to my mother. Now, I'm planning to build a house on that land, I have the passbook xerox , and the land isn't showing up online. However, we do have the 13B & 13C documents for the land, along with a Xerox copy of the old passbook as proof. Can someone please advise me on how to proceed?
at your mercy
02 September 2024 at 19:07
under what case category this protest petition to be filed when we file it on line? confusion between criminal op or miscellaneous?
Anonymous
02 September 2024 at 18:35
I am writing to seek your legal advice regarding a concerning incident involving a breach of patient confidentiality and unprofessional conduct by a medical professional, Dr. who is an practicing in Mumbai.
Background:
my wife left a 1-star review on Google, expressing her dissatisfaction with his services.
The Incident:
In response to this review, Dr. publicly disclosed my wife’s real name, details of her medical history, and even mentioned my name in a reply posted online. His response included the date of her visits, details about her eye condition, and other private information that should have remained confidential. This disclosure not only violates medical ethics but also breaches our right to privacy.
Moreover, Dr. threatened legal action against us unless we remove the review, which we believe is an intimidation tactic to silence our legitimate feedback.
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Resignation related
I am working in a Public Sector Bank and I served resignation letter giving notice of 3 months. The reason for resignation is the work culture of the bank which includes harrasment of staff for business targets. I already have a staff accountability pending which is based on compliance level issues. The reply to the same has been furnished before 10 months but no further communication received on the matter afterwards. So there are chances that my resignation won't be accepted. In that case how I can relieve from the organisation. I want to get my full terminal benefits also as I have availed loans which can be closed with the help of those terminal benefits only. If my resignation is not accepted I want to exhaust the entire leaves to my credit so I can get full salary for that period. Kindly advise what legal help I can take in case my resignation is not accepted, my leave request is rejected or my terminal benefits not paid?