39 2a of cpc me application ki, toh property attach ho sakti hai. Par mere favour main interim order court ne ki hai, court ne kaha final order tak mere pass hi Possession rahega. par samne wali party ne interim order ke bad jabardasti property par kabza kar liya. Police complaint karne ke bad bhi kabza nahi jhod nahi rahi. Agar section 39 2A of cpc main property attach ho gayi toh mere nuksan hoga samne wale ka nahi. Please comment.
I have a Residential Premise.I (landlord) has filed eviction case.
Landlord lost Original agreement and have only XROX.
Teant have no Original agreement or XROX.
Tenant have no rent receipt , he had paid by hand.
Landlord has claim that , tenant has altered Premise.
Tenant agreed and claim that he has altered with Oral Consent.
My question is that , as there is only XROX of agreement.
Court case run on basis on XROX paper ?Will court Consider
XROX like original ?I want to mention that, tenant has claim
some point of XROX agreement is false.
Oral Consent of constructing building by Tenant will be considered
in court ,court will believe on tenant ?
Could you please let me know the procedure to dissolve present managing committee and elect new managing committee for our housing society in Maharashtra as per amended Housing Society Act. Is it possible to remove managing committee office bearers without the presence of Administrator from Registrar?
We registered our society in delhi on May-2016 and currenty residing in New delhi. Treasurer has not shown the account details (Income/Expenses) since more than 8 months even after several reminder by President and General secretary and other members and residents. He is much reluctant and giving foolish excuses but not showing the account details. Can we terminate him as treasurer or provide his responsibility to other core members? Or is there any other way in law regardless to this? Pls advise. Thanks General Secretary
Clarification needed on procedure at State Commission
I have gone for appeal in State Consumer Commission. I have sent appeal papers through RPAD and the case has been registered but notice not sent to Opposite Parties.
Upon enquiry through phone they had told just send the lower court order and rest the commission will do what is required.
I approached Kerala State Commission in July and this is November. I was neither informed of the appeal number or any details provided.
Only when I called they told the appeal number.
But they have not sent notice. So I went to commission and asked what is the matter.
Nobody has a single opinion as to why notice not sent.
Registrar, SDC, Bench Clerk finally all pointed towards judge. I wanted to ask judge but I did not get opportunity.
Now these are the questions I asked there but did not get an answer.
I expect authoritative replies here which can be helpful.
1. Will I have to appear in state commission on regular basis?
2. When will commission send notice to Opposite party?
3. How long will it take commission to decide the case, is there any time limit like 90 days given to district forums?
4. Should I approach High Court to give directions to state commissoin to expedite the appeal. If yes. Under what sections of Law should I approach High Court?
I cannot afford advocate so I am handling case myself.
So please reply
1. An EX-PARTY ORDER OF INJUNCTION AND STATUS QUO WERE GRANTED ON PLAINTIFF in 2013.
2. Plaintiff had been RELIGIOUSLY submitting petition for EXTENSION of those initial orders on each date of hearing.
3. These extensions had been MECHANICALLY granted with the wording 'Extended till further hearing' by the Judge without introspecting the plausible reason for such extension.
4. On one such occasion the Plaintiff did not serve notice of his filing Extension Petition NOR filed the same before the petition at the Court.
5. The Adv. of the Defendant presumed that since neither the notice of extension petition is served on him nor the same is filed at the Court, he gave a petition to the judge that the Adv. for Plaintiff did not file any petition for extension and as such the Orders got expired due to non-extension and pleaded not to reinforce or effect such lapsed orders which is not prayed upon.
6. The Judge simply ignored the plea of the Adv. of the Defendant and asked the Adv. of Plaintiff to handover the Petition for extension to the Adv. of Def. and the Judge reinstated the ORDERS WHICH WERE ALREADY LAPSED AND EXTINCT.
Dear Experts, kindly advice :
1. IS THE JUDGE RIGHT IN GRANTING WHAT IS NOT EVEN PRAYED BY THE ADV. OF PLAINTIFF?
2. IS SUCH EXTENSION AN OBLIGATION ON THE COURT OR ON THE PARTY ENJOYING SUCH ORDER?
3. How to obtain Order from the Judge to the effect that those Initial Orders were lapsed due to non-extension with RETROSPECTIVE EFFECT ?
Regards and Thanks.
I am a working woman separated from my husband. When we were living together, I used to receive salary in cash while my husband salary was credited to our joint account. As per our mutual understanding, my salary was used for household expenses while his complete salary was deposited in our joint account. After a dispute between us, he has freezed the joint account. Now, I am left with no savings, while our joint account has 20 lakhs rupees. Despite being a joint account, my husband is refusing to give me any share and states that he has documentary proof that whole money in saving account is from his salary and the court will not recognise any oral understanding. Can I file a case claiming fifty percent share in the joint account? Can my husband claim complete ownership of the joint account money by proving that all the money was credited from his salary?
The action under SARFAESI by the bank, against the guarantor is time-barred due to 12 years limitation? What is this time barred means -
a) An action under the SARFAESI is time-barred. or
b) The realization from the mortgaged property is time-barred.
c) What about the DRT proceeding how they recover after issuance recovery certificate?
d) Whether Bank has to return our property papers, if yes, how can we proceed?
e) If no, then what is the purpose of limitation act or the limit of 12 years?
Ref:W.P. No. 16511 (W) of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Dr. Dipankar Chakraborty
Allahabad Bank & Ors.
What to do ,when father died in 2013 and we have two married sisters and widow mother
after father dead ,younger sister convenience mother and in dwelling house ,she said her share is 2/3 and both sister share 1/6=1/6 due to spend some money in house construction by selling gold jewellery ,what to do
share with any judgement of supreme court