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Civil Suit suggested for permanent injunction under Sec 38 and Sec 34.

Dispute on usage of common recreation facilities between 2 blocks of SAME registered project( A/B/C versus D1_D2)
A/B/C blocks exists on plotA and D1_D2 on plotB . Both have independent gates. Most facilities on plotA. Few on...

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Civil Suit suggested for permanent injunction under Sec 38 and Sec 34.

Dispute on usage of common recreation facilities between 2 blocks of SAME registered project( A/B/C versus D1_D2)
A/B/C blocks exists on plotA and D1_D2 on plotB . Both have independent gates. Most facilities on plotA. Few on plotB.

A/B/C in full possession of all common recreation facilities from Day1 as most are on plotA.

D1_D2 used facilities for few years but stopped by A/B/C from last 4-5 years. But D1_D2 uses water tank on A/B/C side from Day1.

Through this planned Civil Suit D1_D2 wanted to use other facilities also like club house, swimming pool.

Query is on Sections suggested for this Suit.
To ask relief under Sec38 : Filing party need possession on the said property.

In this scenario D1_D2 who will file Suit have partial possession only.

Can maintainability of suit is questionable with planned sec 38 and sec 34 ??

Thanks,
Nyadav

  • 1 Answer
  • 30 Views
Asked at November 26, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 8 days ago
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I worked in a semi govt. Institute, I am a DIVORCEE, I recieved call from a girl saying that she is willing to marry me and we talked for around 15 days, she asked me to meet at two hotels, I went, she did not come, I had paid 1000 rupees. Later my PEON said it was she who was making fun of me,...

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I worked in a semi govt. Institute, I am a DIVORCEE, I recieved call from a girl saying that she is willing to marry me and we talked for around 15 days, she asked me to meet at two hotels, I went, she did not come, I had paid 1000 rupees. Later my PEON said it was she who was making fun of me, said sorry, ideas was given by clerk. The call came on WLL, can I file a case ?

  • 1 Answer
  • 26 Views
Asked at November 21, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 8 days ago
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I Worked in a semi govt. Ibstitute, I recieved call from a girl stating she is willing to marry me, having talked to her for around 15 days, she called me to meet, I went twice, she did not meet me, later my PEON said she was playing fun with me and said sorry. Can a legal case be filed as she...

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I Worked in a semi govt. Ibstitute, I recieved call from a girl stating she is willing to marry me, having talked to her for around 15 days, she called me to meet, I went twice, she did not meet me, later my PEON said she was playing fun with me and said sorry. Can a legal case be filed as she had called from her cell phone and I recieved the call on my office landline.
My previous case for which I paid twice has not been handled.

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  • 26 Views
Asked at November 21, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 8 days ago
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hello,
I am planning to start a Day care. do we need to register or take permission with some government body in bangalore. i have already Register With The BEO Office to operate a Preschool.

kindly advice .
thanks

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  • 21 Views
Asked at November 21, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 8 days ago
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My salary not due by my employer without any notice

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  • 22 Views
Asked at November 20, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 8 days ago
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There is property In joint name of my father and mother. Now my father has died. I am the only son. Now, I and my mother want to sell the property.As the property is in Joint name of my father and mother whether succession certificate is necessary before selling of property or mother can directly...

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There is property In joint name of my father and mother. Now my father has died. I am the only son. Now, I and my mother want to sell the property.As the property is in Joint name of my father and mother whether succession certificate is necessary before selling of property or mother can directly sell it...

  • 5 Answers
  • 53 Views
Asked at November 16, 2019
Default avatar Madanmohan M D
last answered 11 days ago
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I have resigned from my company, and the notice period is of 3 months, I am ready to serve 1 month and buyout the remaining notice period. But the company is denying from buyout. Following are the lines written in my agreement :

1. In case you have resigned or given a notice to terminate your...

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I have resigned from my company, and the notice period is of 3 months, I am ready to serve 1 month and buyout the remaining notice period. But the company is denying from buyout. Following are the lines written in my agreement :

1. In case you have resigned or given a notice to terminate your employment, you are
expected and required to diligently serve the entire notice period. However, in such a
resignation situation, the Company may, at its sole discretion, without being obligated to do so,
A. Require you to leave service at any time during the notice period without any
payment for the balance unexpired portion of the notice period or
B. Upon your request allow you to leave service during the notice period only upon You making the payment to the Company, the amount equivalent to your salary for the balance unexpired portion of the notice period.

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  • 33 Views
Asked at November 15, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 19 days ago
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sir/madam i lost nearly 80k money due to fraud job agency give job in MNC can u give a idea how complaint that those peoples (proof : recording calls, online transaction slips, fake offer letters)

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  • 31 Views
Asked at November 14, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 20 days ago
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আমি বলরাম জানা, পশচিম বঙগের কাকদধীপ নিবাসী। আমি সথানীয একটি সাইবার সপ থেকে তিনটি পলেনের টিকিট কেটে ছিলাম। যেটি ভুল ভাবে কাটা হযেছিলো। যে ভুলটি ছিলো সমপূরন দোকানদারের। কিনতু ভুলের মাশুল গুনতে হযেছে আমাকে। টিকিটের মূলয ছিল 19143টাকা।আমাকে ফেরত দেওযা হযেছে মাতর 8000টাকা।বাদ বাকী টাকা আমাকে ফেরত দেওয...

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আমি বলরাম জানা, পশ্চিম বঙ্গের কাকদ্ধীপ নিবাসী। আমি স্থানীয় একটি সাইবার সপ থেকে তিনটি প্লেনের টিকিট কেটে ছিলাম। যেটি ভুল ভাবে কাটা হয়েছিলো। যে ভুলটি ছিলো সম্পূর্ন দোকানদারের। কিন্তু ভুলের মাশুল গুনতে হয়েছে আমাকে। টিকিটের মূল্য ছিল 19143টাকা।আমাকে ফেরত দেওয়া হয়েছে মাত্র 8000টাকা।বাদ বাকী টাকা আমাকে ফেরত দেওয়া হয়নি। আমি কী ভাবে টাকাটা ফেরত পেতে পারি।

  • 1 Answer
  • 31 Views
Asked at November 13, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 20 days ago
New question

sir,

My sister got married 15 years ago and has 2 sons ( 14 and 13 years) My brother in law is a government teacher, but he is drinker and used to abuse my sister mentally and physically. now we decided to file a divorce application. But the same time we need maintenance for future of my sister...

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sir,

My sister got married 15 years ago and has 2 sons ( 14 and 13 years) My brother in law is a government teacher, but he is drinker and used to abuse my sister mentally and physically. now we decided to file a divorce application. But the same time we need maintenance for future of my sister and her sons. sir please guide me how to approach court for getting right to maintenance.

  • 1 Answer
  • 21 Views
Asked at November 12, 2019
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 20 days ago
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