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Queries Participated

Swathi S Bhat   24 March 2016 at 13:07

Ejectment

My query is on ejectment suit which was filed as per TP Act for recovery of possession of shop premises and for damages. Can anyone clear me about the procedure regarding the damages i.e.,

whether any evidence has to be given pertaining to the damages in the lower court itself OR
the appellate court will order for damages when the tenant moves for an appeal OR
a separate petition i.e., mis petition has to be filed for the recovery of damages?
Now the stage is posted for arguments of plaintiff and the issue has been framed on the recovery of damages.

Swathi S Bhat   09 October 2014 at 23:15

Section 138 of niact

Sir/Madam,

Can anyone suggest me, what is the procedure to be followed in case of non-cts cheques (old cheque)? I think there is no chance of filing PCR for the cheque bounce case. Is it possible of filing a case for recovery of money on the basis of old cheque i.e., non-cts cheque? Is there any remedy for old cheques?

jatinder kumar   23 August 2012 at 17:00

Demand of property by married daughter

CASE -

one daughter (major) performed marriage by running away from her father house and without the consent of her family members. Now her father had broken every relationship with her and her husband family.

Now the daughter had send notice to her father for the demand of her share of the property.

As per law she cannot claim any share, it depends upon the will of her father, to give property to whom he want.

suggest me what the father shall do, so that the daughter cannot demand any type of share of property from him.

whether he should make a Registered will in favor of his only son,,,

or

he should make a deed of Transfer of Property in favor of his son....

or

he should give in the newspaper for declaring that "he has no relation with his daughter now and his son will be only the claimant of his property now and at the time of his death also"

Suggest me if father can do anything else for saving his property...

And please also tell that

is there any legal way by which the daughter can claim her share of property from her father by way of court etc...


Thanks

waiting for your valuable replies

siri   14 October 2011 at 18:05

Relief for permanent injection

I am owner of residential vacant land(2no's i.e 23o sq yds in which semi hut was built for buffalos , 200sq yds hut was built and is given rent) which is in my enjoyment but not in possession & now my neighbor trying to occupy & disturbing by Title for last 3 months though he has no title in these 2 lands. Now I decided to suit in court for relief of permanent injuction on defendant. But problem arise here only i.e Actually
I also have some defect in my title for these 2 land but till now there is no dispute and i had proof of my title like gift deed registeration in year 2007 for 1st property & 20ll for 2nd property in my name which it was gifted by my husband and also municipal tax was paid by me for last 4 years.
The problem is total of 1acre of land my father in law & his 2 brothers wrote their share in plain paper in year 1979 after that share that was obtained for my father in law is again divide to my husband ,brother in law and father in law in year 1995 which was written in plain paper.except my husband & father in law remainning all were sold their properties.Now my husband has no good relation with remaining members including his brother & his father.
Because of this problem i.e we have no registered old link documents for last my husband father days ,now with my gift registered documents(year 2007,2011) i am afraid to suit in court on my neigh bour though i am owner with out dispute & my neighbour did not have any title on my property.
1)so experts plz give legal opinion how I suit for relief of permanent injuction on my neighbour
2)If once suit is injected in court and defendant doesnot appears what ever reason then how can I pray in court for EXPARTE decree on my favour for relief of permanent injection from my neighbour.It is possible for me for relief of permanent injection though court decree in my case

HARISH KUMAR   14 October 2011 at 13:29

Period of fixing chaspa

While preparing time barred case in Income , one of client pointed out that some lawyer said that there is case law of Punjab and Haryana Court that minimum seven days time is required for chaspa before the expiry of notice. Please provide me the case laws under evidence act or other relevant act , to corroborate this fact.

MD Patil   14 October 2011 at 02:01

How do i prove my caste - hindu koshti?

Caste validity Scrutiny Commitee, asked to prove Caste? Hindu Koshti

I have following document attached for Hindu Koshti

1) Father's Caste Certificate issueed by Tahsil, Kagal mentions Koshti (Year 1981), scrutini commitee not honoring the same, as Father's School Leaving does not carry Hindu-Koshti

2) Father's School leaving mentions only - Hindu, But the School Head Master issued a certificate on plain paper saying the student is Hindu-Koshti. I understand that there was school code which say modification is not allowed in school register if the student leaves the school, hence Head Master refused that time (1981) to change it in School register. But he issued certificate in 1981 on plain paper with school stamp

3)My Caste Certificate obtained from 'Prant' 'Tehsil'.

4)They are asking for Documented proof of my grandfather where in Caste is mentioned. : My grandfather was not literate, hence no evidence of school leaving certificate. He was born in Rabkavi on 4-Sep-1931, But the birth certificate does not mention the caste.

I want to know where can I get the proof of Caste mentioning document for my grandfather? I am very little aware of grand-father as my Father/Grand-mother separated from him in around 1964 and settled in Maharashtra.

5)For my grandfathers record we went to ancient record keeped called as 'HELVI', he find out the record and it is mentioning as 'Hindu Koshti' on his record. He also issued a record copies to us, but it's on plain paper & does not bear and govt authorization.

What is the legal way-out to prove me as Hindu Koshti, in this case. We also requested to inquire at local villages/our relatives also to get ensured that we are Hindu Koshti, but he is not ready with that.

He is only demanding the my Grandfather's proof as hindu koshti.

Please guide me on this issue.

My admission is dependent on this certificate.


---- Clarified to answer Swati's Bhat's Question...
1) The authority is demanding some proof of Grandfather because of the following resons.

a) My fathers's School Leaving Mentions only 'HINDU' on it. IIt does not mention HINDU-KOSHTI)
b) The certificate isuesd on Plain Paper saying HINDU-KOSHTI to my father, eventhough it is marked by School Stamp & Seal in 1981, the authourities are not taking it as authenticate certificate to consider as HINDU-KOSHTI.
c) The certificate issues in 1981 by Kagal Tahsildar mentioning Hindu-KOSHTI, is not enough for the authorities today. Now the process is to get the certificate from "Prant", But in 1981, I hope, the certificate issueing authorities were Tahsildar.

Hope I have answered your queries. Even I requested to inquire at our villagers, any relatives etc. Even we produced a written letter from following authorities to prove me as Hindu-Koshti.
i) Letter from Assembly (MLA) representative from KAGAL.
ii) Letter from registered Insttitute of our caste...DEVANG SAMAJ, ICHALAKARAJI, KOLHAPUR.
iii) The authorities are saying the proofs are not enough hence bring a proof of Grand Father.

Since this is delaying my admission process and now I am not sure whther I will become eligible for BAMS or not. I am badly in need of some help.








hemantha   11 October 2011 at 18:21

Lawyer torubles to client

My dv case oral arugements completed initally he asked the fees 25,000/- by the time oral arugment started he recieved the fees almost 35,000/- and bymail me if you pay another 30,000/- only i will argue somehow through loans i paid him another 22500/- oral argument completed without citations now asking him to file the written arguements and citations he is not ready and not coming to the court the Most important thing i only prepared the written arguemtns and citattions with help of internet websites and the written arguement he studied and told very good also but not ready to file to the court at this stage can i file myself written arguemnts and citations directly to the court without noc or i have ask noc from him if he is not willing to give what i should do?

Mohd. Imran   02 September 2011 at 16:28

Add surname in univercity records

Dear Experts,

i want to add surname in my univercity reocrd because in my academic records doesn't have surname. but as a proof of identity my name is already mentioned with surname in birth certificate, ration card, voter id card, driving license, uid card, pan card, bank statement, post office card.
univercity doesn't require this document it require the whole procedure of change of name. sir please guide me how can i add the surname in my academic reocrds. it is necessery to add the surname in univercity records because due to this name surname will mentioned in degree. name appeared in degree shall placed in passport. pass port officer follow the academic certificate for ECNR states. what can i do to take the ECNR states in passport other wise my surname will not appear in passport. so please give my advice and provide the procedure to add the surname in univercity records.

Anonymous   20 August 2011 at 20:55

Responsibility of excuetion of ab in 498a

Bail order say
" i am inclined to grant AB to petiener. Accordingly a direction is issued to the officer i charge of police station concerned to release the petitioners on bail in event of their arrest in connection with above case"

is it responsibility of husband to execute to bail order before police try to arrest, or he should wait for police to make an attempt to arrest him under 498a

KAMAL KANT MAJHI   15 August 2011 at 18:11

Ex wife right

My Father and mother got divorced on 1994 and the court order was ex-parte on the ground of disertion, My mother also got married with another man and having 2 kids.My Father also expired on 2009.
Now I want to know does she have any right on my father's property at this moment can she claim any right.