anil
24 December 2021 at 23:45
Dear Expert,
In my property case which I filed partition suit in Senior Division City Civil court just 6 month back.
In that while filling suit, we filed temp. injunction application for not creating Third party interest and any kind of construction for maintaining status-quo.
Now opposite party filed there written statement. After filing written statement on next date opposite party filed one affidavit. Now due to judge retired case is pending for transfer, so we got some time.
When we ask court clerk they said word for affidavit something undertaking and statement made in this affidavit is false, as we have proof for this.
We want to oppose this affidavit and want to reject this affidavit as we want to get accept the temp.inj. application, hence we are thinking of counter affidavit.
I want to know,
what is counter affidavit and will it be come under any CPC provision.
Will counter affidavit Allowed to submit in Senior Division Civil court.
Is any other provision to reject or refuse this fake affidavit.
Currently case is pending for temp. injunction application.
Will counter affidavit help to oppose this opponent affidavit or any other way that we oppose this affidavit.
Anonymous
19 December 2021 at 15:26
Hello,
I would like to know if evidence (statements and exhibits) from a criminal case is admissible in a civil case for compensation, and such evidence can be relied upon in the civil case.
Conviction was awarded in the criminal case, but appeal against it is pending before the High Court.
I found a judgment of Supreme Court that deals with admissibility of evidence between two criminal cases, and also two civil cases. https://www.casemine.com/judgement/in/5609aba4e4b014971140cf94
In the said judgment, it was held that evidence of one criminal case is not admissible in another criminal case. However, in (two) civil cases it is admissible when the parties agree or give consent.
What would be the legal position regarding admissiblity of evidence of a criminal case, in a civil case, and if such evidence can be relied upon in the civil case? Would such evidence be admissible with consent, if at all, and can be relied upon?
Please also provide important judgments/citations in this regard.
Thank you.
Sorry for being anonymous but it is important.
Anonymous
03 December 2021 at 22:56
RESPECTED SIRS,
I HAVE DISPUTES REGARDING SHARES TRANSACTIONS FOR THAT I HAVE FILED SUIT FOR VALID BILLS AND CONTRACT NOTES WHICH IS NOT PROVIDED BY THAT SUB BROKER AND LATER ON WE FOUND THAT THE SUB BROKER IS NOT SEBI REGISTERED AND LATER ON BSE AUTHORITIES AND SEBI HAS GIVEN US A LETTER THAT THE FIRM IS UN AUTHORISED AS HE IS NOT SEBI REGD. THAT UN AUTHORISED SUB BROKER HAS COUNER FILED A CASE AGAINST ME FOR 6 LACS ON THE BASIS OF HIS OWN COMPUTERISED BILLS.WE HAVE FILED AN APPLICATION TO CIVIL COURT THAT AS ARBITRATION PROCEDURE IS THAT IN BSE AND SEBI SO CIVIL COURT HAS NO JURISDICTION FOR THAT CIVIL COURT HAS GIVEN A JUDGEMENT IN MY FAVOUR ALSO.AGAINST THAT JUDGEMENT THET UN AUTHORISED FIRM HAS FILED APPEAL IN HIGH COURT IN WHICH HIGH COURT HAS GIVEN STAY ON THE JUDGEMENT OF CIVIL COURT AND GIVEN AN ORDER TO APPEAL FOR HEARING TO THAT SUIT IN CIVIL COURT.NOW WILL YOU PLS GUIDE ME IN THIS REGARD?
NOW THIS UNREGD.SUB BROKER HAS PUT ALL BILLS AND CONTRACT NOTES IN THE COURT OF LAW DEMANDIND 6.00 LACS
I AM REALLY SURPRISED AND SHOCKED THAT HOW CAN A SUB BROKER WHO IS UNREGD.UNDER SEBI ACT CAN MISLEAD TO THE COURT IN THIS WAY ?
CAN SUO MOTTO CASE AGAINST HIM TO FILE BY THE COURT OF LAW ? CAN I APPEAL TO THE COURT FOR THE SAME ?
KINDLY SUGGEST WHAT NECESSARY STEPS SHOULD I TAKE ? PLS GUIDE.
Naresh Gupta
23 November 2021 at 12:17
I want to rent out my house. I had read somewhere that "Rent Agreement" should be replaced by "License and Leave Agreement" because Rent Agreement can legally make the tenant the owner of the house. Please guide as to which agreement should be made.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
13 November 2021 at 07:33
Is it legal to ask to raise a new issue in the appeal stage?
Anonymous
06 November 2021 at 11:14
Sir/madam,
I would like to know whether separate WILL can be made for properties located at different places.?
Anonymous
03 October 2021 at 22:16
Hi,
My father owns a flat of size 1300 sq ft and a residential plot of size 2000 sq feet. We are planning to sell both of them to our relatives as a gift deed. The income from the sale of both will be zero.
Can I be qualified under the EWS reservation? My family income is less than 8 lakh. and once we sell both the properties may family has no assets at all.
Gayatri Gayatri
23 September 2021 at 21:43
Hi Sir,
I have filed a case on a person who vows money to me but didn't gave. Promissory note case. Money recovery Act. Now that person is asking for compromise in lok adaalat.
I have spent money for some court challans, stamp duty etc at the time of filing the case. Now that we are getting compromised can I get that money from court? If so wats the procedure?
Means , what I want to ask is, amount which I have spent in initial stages for stamp duty, some challans etc Can I get them back if we settle the case in lok adaalat ? Please answer.
Anonymous
21 September 2021 at 20:44
Respected sir / madam,
Bought a land recently from BC caste i am also BC.
History of the land:
---------------------
ST or MBC has sold the land to BC (two brothers bought as partner) in 1992 (as per EC from1975 no track of how ST/MBC got the land) only track is ST/MBC took loan in 1991 from Co-operative bank by doing an MOD.
In 2001 the patta got transfered to BC brothers name though they bought the land in 1992
Later one of the brother has died, post that family problem started between both and case filed in court to divide all the assets brothers earned together in that this is also one of the asset .
In 2019 district court has issued judgement of spliting the assets in which this asset also got divided for both.
With that i have bought this land from one of the brother who is alive.
Now local village people saying it's condition patta how do i validate this before apply for patta transfer?
will the court judgement or existing patta transfer to BC help on this if it's condition patta?
how to make as ayan patta if needed?
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Supreme court ruling/orders
Experts
I would like to know if Supreme court rulings/orders are to be followed by the High courts? or are they just advisory in nature?