Judgement...
tdeli
(Querist) 21 April 2013
This query is : Resolved
If any judgement is passed by any Civil Judge does it becomes law for that jurisdiction city/land or only the judgements of High Court or higher courts become Law.
Thanks ...
prabhakar singh
(Expert) 21 April 2013
any judgement passed by any Civil Judge becomes law for parties between which it was passed provided no appeal is filed by any party.
judgement passed by any Civil Judge is not a judicial precedent.
judgements of High Court is a judicial precedent for the state and suggestive for other states.
judgements of Supreme Court is judicial precedent binding on all courts in India.
By the way what concern you have with it?
Rajendra K Goyal
(Expert) 21 April 2013
I agree with the views of expert sh. Prabhakar Singh.
tdeli
(Querist) 21 April 2013
A recent judgement of the Honable Civil Judge in Delhi stated that RWAs (Resident Welfare Associations) cannot charge for maintenance of the Common areas of the locality in DDA flats from its residents as DDA has handed over the maintenance to the Civic Body - Municipal Corp. of Delhi and they charge them for it.
Now will this judgement only be applicable to that single RWA which was a party to the case or all RWAs of Delhi.
If someone stops making payments or warns to the RWAs quoting the Judgement can RWAs still demand Maintenance Charges from him.Can he later on create any problem like asking for interest on the payment of maintenance he paid if the High court confirms the Judgement.
There could also be a possibility that the No one appeals to this judgement , what happens then .
Thanks ...
ajay sethi
(Expert) 21 April 2013
will be applicable to particular RWA .
prabhakar singh
(Expert) 21 April 2013
This judgement will only be applicable to that single RWA which was a party to the case.
tdeli
(Querist) 21 April 2013
The ques. is when our flats were handed over to us the responsibility for maintenance of common land was handed over to us, but later after a year it was handed over to the Municipal Copn. for the maintenance without informing us.
We were duly collecting the Maintenance charges for last 20 years without realizing the fact that the responsibility is handed over to the MCD now.
In a recent similar case the matter came to everyone's notice and it was all over the newspapers and the facts were cleared now that the DDA has handed over the rights of maintenance of all DDA Flats to the MCD and that particular RWA like us does not have any contract with DDA for maintenance and thus their case was quashed.
One member of our RWA has send us a letter quoting the judgement pronounced and the news papers articles and claiming that as in similar judgement, he is paying for the civic services to the civic bodies how are we again charging him for these maintenance charges. He has further asked us to show the contract with DDA and also has challenged that we will be collecting these funds in future on our own risk and will be liable for the same as we are not authorized to this anymore.
Can we take the plea that we were not informed by the DDA regarding the same.
Is he right when he says that why should he pay for the same maintenance twice when he is paying to the house tax and other taxes to the civic bodies.
Will we be in any risk to collect any charges in future as challenged by him.
Thanks ...
Raj Kumar Makkad
(Expert) 22 April 2013
You are required to file a similar case for taking benefit of the legal provision.
