Hello dear lawyers,

My civil suit is in arguement stage but i came to know about one important
evidence, of which i have taken a certified/attested copy from the
respective department.

My Question is-

I have to make it an exhibit in court
My friend told me that Certified copy of evidence is admissible at any
stage of civil suit.

IS IT TRUE?
ANY PROVISION IN LAW LIKE SECTION NO. OR ORDER NO?

Pls tell how to do it.


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19 September 2019 at 20:48

Conditional will

Sirs, My grandfather had made a will in favour of his four sons for equal distribution of agriculture land in Rajasthan. One of the condition of the wiil was that "if any brother intend to sell his part to any oerson other than his brothers, his share will be forefeited and that part shall be devided among other brothes" The will was not effected by his sons during their lifetime,by division of the land. And now all the sons had expired leaving the land undivided. My question is that..."whether the above condition shall also be applicable to grandsons or great grandsons" - whether they can sell the land to any other person outside the family of mt Grandfather
Regards


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17 September 2019 at 13:21

Specific performance act

My father(as buyer) has entered into a sale agreement with say X for an immovable property in the year 2000 with a condition that the tenant in the said premises to be vacated by X. The sale agreement was registered in the Registration Office. My father died in 2013. Before his death, he has made over the agreement in my favour. The X has also died in 2014. The tenant has been vacated now. The legal heirs of the X is refusing to honour the sale agreement and demand for higher price now. Whether, I can sue the legal heirs of X to execute the sale under Specific Performance Act. Thanks to all Learned Experts for their opinion.


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12 September 2019 at 13:40

Kept for order u/s 38 specific relief act

Hi,
A suit was filed to restrain the Defendants u/s 38 Specific Relief Act in a district court in June 2018 in respect to a land in Maharashtra. The Plaintiff's claim was based on a Muslim Gift-Deed from a husband (now deceased) to his wife. The Defendants (legal heirs) filed Counter Claim, all the contentions were false. The Plaintiff filed reply/ Written Statement. Further, the matter was kept for Arguments on Exhibits. The Plaintiff submitted the Exhibits. The Defendants did not submit their Exhibits.After a span of 15 months, the matter was heard on 11.09.2019. The Advocate of the Plaintiff argued but not upto the mark.in other words some points were skipped/ignored/incomplete/haywire although all the exhibits on which the Plaintiff relies are on the Courts record alongwith WS. The Plaintiff fails to understand what went wrong with the Advocate..The Magistrate has asked for ORIG. Gift-Deed and kept the matter for order on 30.09.2019.

Is there any way to fill the lacuna/gap created by the Advocate at the time of Arguments, before the Order?
As the argument was not upto the mark, will the Magistrate consider/refer to the WS?
As the Magistrate has asked to submit ORIG. Gift-Deed, should the Plaintiff submit it with a precipe before the Magistrate?
Will the ORIG. Gift-Deed be returned, as this is the only document on which the Plaintiff relies upon? How to safe-guard the same, plaintiff is skeptical?
What if the judgement goes in favor of the Defendants although the Plaintiff's case has all the merits? Can it be challenged in Aurangabad High Court?
Does Aurangabad High Court requires English Translation?

Your advice will definitely be very highly appreciated.

Mohammed R. Shaikh


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Anonymous
31 August 2019 at 03:36

Specific relief act

वादी ने विनिर्दिष्ट अनुतोष अधिनियम की धारा 6 के तहत कब्जा प्राप्ति का वाद प्रस्तुत किया और विकल्प में भी स्वत्व के आधार पर कब्जा प्राप्ति का अनुतोष माँगा, विचारण में वादी ने अपने बयानो में बेदखली की दिनाँक वाद पत्र में अभिलिखित बेदखली की दिनाँक से भिन्न बताई, विचारण न्यायालय ने वादी का धारा 6 का वाद तो मियाद बहार मानकर खारिज कर दिया परन्तु वादी के पक्ष में वैकल्पिक अनुतोष के लिये कब्जा प्राप्ति की डिक्री जारी कर दी । (मैं प्रतिवादी हुँ )
निम्न बिन्दुऔं पर citation नहीं मिल रही है�
(1) धारा 5 व धारा 6 अलग अलग उपचार प्रदान करती है इसलियें दोनो धाराऔं को एक ही वाद में संयॊंजित नहीं किया जा सकता है ।
(2) न्यायालय अभिवचनों से भिन्न, बयान में बताई गई बेदखली की दिनाँक को cause of action नहीं मान सकता है ।
(3) धारा 6 व 5 के तहत संयुक्त रूप से दायर किये गये किसी वाद में यदि वादी धारा 6 के वाद में असफल हाे जाये ताे उसके पक्ष में धारा 5 के तहत स्वत्व के आधार पर भी काेई डिक्री पारित नहीं की जा सकती है और यदि उक्त प्रकार की काेई डिक्री पारित की गई है ताे वाे सही नहीं है।


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25 August 2019 at 15:52

Advocate has paid 60000 to tnscdrc

We lost in the lower court and went for appeal, in appeal at TNSCDRC our advocaate asked to pay us 25000/- we paid it and appeal got admitted.

Our lawyer has asked another 60000 stating that we have to pay some more money. We cannot believe him. SO we are posting our problem here. Interestingly he said that if you cant pay, I will only pay and you pay me later.

Today we went to TNSCDRC and there we came to know that he has deposited 60000/- we were shocked.

We asked what is the matter, why he has paid in the office, office told you contact advocate.

But our advocate is not picking phone. What might have happened? Can anyone explain?


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13 August 2019 at 16:11

Re joinder

Hi sir I'm the plaintiff in the partition suit..the Defendant No-2 amended his written statement stating that the plaintiff deliberately not included the property the defendant no-1 bearing no .11 ,.3 guntas land.now court ordered re joinder is taken as nil matter posted for plaintiff evidence....now question is who has to file joinder whether plaintiff or Defendant No-1(co-defendant) under which provision of cpc


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I purchased a property through auction from DEBT RECOVERY TRIBUNAL - 1 (DRT, Kolkata) via a SALE CERTIFICATE which was issued by the Recovery officer. I want to sell this property now to a private buyer. But all the buyers want to see other papers and are not satisfied by just a sale certificate. My question is:-

1) Does such a property require to be registered in the Registrar office?
2) How to initiate sale of such a property to a private buyer?
3) My name isn't there in the local municipality. The Municipality Enrolment number is in name of the company who made the building. So how to get my name changed in the local municipality i.e how to get it mutated on the behalf of a sale certificate?

Regards

Atulit


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29 July 2019 at 03:54

Looking for case detail

Hi ,

I found the following query on lawyers club site. regarding rent act. I am looking for case detail for following case in which judgment was in landlord favor.

http://www.lawyersclubindia.com/experts/Bombay-rent-control-act-1947-in-gujarat-281006.asp


Thanks,
dilip


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19 July 2019 at 00:07

Rowdy advocate

The Opposite party vakeel (advocate) has tried all methods to delay orders in appeal filed in National Consumer Commission, New Delhi.

Fed up of attending hearings without any proceedings taking place at all for paast 1 year.

The other day at the hearing the OP advocate hurled abuses to me a lady of 70 years. He screamed atop his voice hey oi hui etc. The president and other judicial member also did hey hoi etc, all the other advocates did the same.

It was a unrul behaviour by OP advocate and Unruly scene. The Judges wont pass orders, they simply keep giving new dates.

The lower court and lower commission have given ruling in my favor.

I am shi t scared to attend hearing next time.

What to be done in this case.

I am representing my own case so far.


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