Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

navin   01 November 2014 at 20:26

Sale agreement & mortgage fraud

PLZZZZZZ HELP!!!!!!!!
i had entered sale agreement on 3/3/2012 with X for 20 lacs(as per sr value of property) on 200 rs stamp paper for which i had confirmed to hv rcd 5 lacs payment by cash & 5lacs by chq .

on 10/3/2012(about a week after above transaction) i entered a simple mortgage (registered @ sro)with Y with the brother of x who is a moneylender for 10 lacs. for about 6 months i repayed them the intrest on time.till this dt i have not payed any intrest to them. totally i have borrowed 20 lacs from them.both of the above transactions were purely done for finance.

now this property is worth 60 lacs.
1.X has issued notice for specific performance.
2.Y HAS ISSUED NOTICE TO CLEAR THE MORTGAGE DUES. both brothers r eyeing this property for 20 lacs . please help me wat 2 do??????plzzzzz help me out.......i am having a very bad financial crunch........

loksloksloks   01 November 2014 at 14:07

Non-compliance of order

Hello Sir/Madam,

I have filed Petition of Restitution before 2 years. Under the same petition, I have also got an interim access order, however my wife is not giving an access of my daughter and whenever I go to pick up my daughter, she runs from home and does not give any access, not picking up my calls and not responding on my messages as well. I couldn't meet my daughter since last 5 months where I can access on Sundays at my home as per order.

I did send notice and filed Strike off Defence application due to her non complying order but she didn't come to court since last 3 dates. I tried to complain in Police but they are not ready to take complain and asking for court direction.

Can you please suggest how can I meet my daughter when my wife is not allowing to meet her.

G.Nagi Reddy   01 November 2014 at 14:04

Injunction suit

dear experts,
a suit filed by the plaintiff against the defendants for seeking a relief permanent injunction apart from one interlocutory Application also filed under Order 39 rule 1&2 of CPC But interestingly the said suit and IA Petition was filed on 2011 whereas now the suit is coming for trail but the plaintiffs are stressed about the Injunction petition with out going for trail. here my question is whether the trail court take up that injunction petition even after framing of issues and commenced for trail.
there is any judgements for infavour of defendants side instead of taking injunctin petition commencing trail.

Mustafa Bhat   30 June 2014 at 11:11

498a & 406

Sir,
In 498A & 406 Case filed by my ex-wife, 8 PW have been examined out of 8 PW 4 PW supported the prosecution & other 4 PW didnot , on 27-06-2014 one of PW was examined who happened to be witness of my divorce, while he deposed his statement in court he didnot supported Prosecution as he has said same in his 161 also, but Presiding Officer ( Judge) attitude was total different he started cross examining the PW on his own & than asked the Prosecuting officer not to call the rest of PW as they are all my neighbors.
And later issued direction to the father of complainant to get his counsel on next date of hearing even though the case is state V me.
I sense the Judge has inclination towards the Complainant.
His approach has been some what similiar to other PW also who didnot support the Prosecution.
Please advise what should i do now.
& what credibility the Judge will keep to the statement of PW who donot supported Prosecution.