Balaji Bakthavathsal
21 August 2022 at 13:05
Dear Learned Lawyers,
I humbly request you to give your valuable guidance / suggestion in the following matter.
As some fraudsters attempted to grab our property with the help of some fake documents, we filed a civil suit in the lower court in the year 2010 seeking permanent injunction restraining the fraudsters against trespassing and mandatory injunction to the registrar for cancelling the fraudulent encumbrances made on our property. Since the respondents failed to appear before the court, the judge awarded an ex-parte judgment / decree in favour of us in the year 2016, granting the prayers sought by us. However, one of the respondent who is a mere power agent who obtained the Power of Attorney from another fraudster and whose power of attorney got cancelled by the fraudulent principal filed an appeal suit in the next appellate court immediately in the year 2016 itself and dragged the suit with the intention of of giving mental torture to us and thereby extorting money from us. We did not yield to expectation and patiently attended the case. However, the appellant did not appear in the court nor his counsel came forward to argue the case. After more than 6 long years, finally the appeal suit got dismissed by default by the appellate court as there was no representation from the appellant side. Now it is learnt that the appellant has filed restoration petition to restore the appeal. The notice is yet to be served to us.
Under these circumstances, I humbly request the learned lawyers to suggest / guide the best means to encounter the restoration petition ?
Thanking you,
With regards
Balaji
Anonymous
21 August 2022 at 11:57
Hi,
I have filed one recovery act case on a person who is supposed to give money. case is running and reaching final stages. As per my lawyer we will get favorable judgement.
But my lawyer is saying it will be difficult to recover money even after judgement . we should be knowing about the defendants property etc.
But how to get those details. I know that person from long time but having no idea about his properties. I am having his Aadhar card xerox and pan card details.
Pls guide me.
Ganesh Subramaniam
21 August 2022 at 11:32
I had filed an arbitration petition, through my advocates, in the High Court of Madras against a stock broking firm and the Honble high court had passed orders in July 2021 appointing an arbitrator with directions that the arbitration proceedings should be completed within one year from the date of the order. The directions of the court wre promptly complied with by me. However even after one year the arbitrator has not held even one hearing. My legal counsel is also not taking any action to expedite the case and is preventing me from communicating with the arabitrator directly. I had petitioned the arbitrator to expedite the hearing to which my legal advisor took strong objection and prevents me from communicating with the arbitrator on when he intends to hold and complete the hearing. I am a senior citizen and this has caused me immense financial distress as the arbitration cocerns a financial claim of over Rs 30 lakhs against the stock broking firm. What recourse is open to me to bring the arbitrator to the table to hold the arbitration. All the documents have been submitted to the arbitrator in great detail promptly and I think I have a very strong case against the other side for my claim. What legal recourse is open to me. Do I have a right to communicate directly with the arbitrator and seek justice and can I petition the High Court to direct holding the arbitration proceedings.
Anonymous
21 August 2022 at 08:31
The background is as follows.
One of my close relatives purchased a house with a joint name, both husband and wife were parties for the housing loan which was granted by SBI.
During the course of time, the wife applied for a separation and left the country and went to the USA, got married there and settle there. The husband had to repay all the loan and get the NOC from the bank. Later the husband applied for divorce and got it.
2ndly, wife forged the husbands signature and got the passport applied for his daughter and fled the country.
Now after 15 years husband approaches SBI requesting them to release the sale deed kept as security. But the bank is saying both have to be present before them, which is practically impossible. Then the bank says to get court direction saying documents can be given to the first owner who is taking care of the house.
Do suggest under which legislation and to which court of law the first owner needs to approach to get remedy to his issue.
Kindly respond
regards
Arun
Anonymous
20 August 2022 at 20:40
My client is an Indian company that has entered into a consortium agreement with company B to bid for a Government project in India. The consortium agreement states that my client and company B shall both be jointly and severally liable to the Government for execution of the project. My client will sign this clause with Company B and the Government on the required bid documents but wants to enter into a separate agreement with just Company B, stating that my client will not be responsible for any of the liabilities arising from the project. If anything goes wrong, can the Government still sue my client in spite of the clause exonerating it from liability, that it signed with just Company B?
Anonymous
20 August 2022 at 19:27
Respected members,
Need guidance to the below query:
A case u/s 498A and DV act was filed in the local family court in the name of my brother (named as main accused) and my parents also named therein. The case is going on for last 12 years.
Meanwhile my brother met with an accident and passed away. After the unfortunate incident, my ailing mother made a registered will in favour of the remaining children to transfer her rights in a small house which was in her name. The house was constructed by my parents from their own income and not inherited.
Now at this stage, I have two queries:
1. Can my late brother’s wife drag my old age parents to legal complications, as the main party to the case is deceased?
2. Can she claim a share in the house while my mother is alive?
Thank you for your time in attending to my query.
Best regards
shyam lal
20 August 2022 at 16:15
What is advisable to give a Authority letter or PoA to a person. in respect to dispose ing/selling of immovable property..
Murthy Amutha
19 August 2022 at 20:58
Can I get signature in form 6 & 7 from the same advocate(notary) who signed in undertaking affidavit for enrollment application in tamilnadu bar council
Guru
19 August 2022 at 18:14
dear sir/madam ,
there is fine/penalty amount in case violation as per the agreement. means , if not constructed home as per the agreement regarding material or fault RCC Slab .
Does we do not need to pay court fee as per total penalty amount mentioned in the agreement to claim it ? Thank you
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Illegal construction before establishment of housing society
A guy bought a flat in our building and he says the builder gave him the permission to create an extra room to store goods or for other purposes by extending his balcony above. However, the society was not established back then. Members of the building have complained that it is against the law to make changes to the outer part of the building because it may damage the structural integrity of the building. Then when the society was established and they asked the builder, he says he never asked him to do anything of that sorts and even went on to say that he hasn't given anything to him in written format. Since this construction was done before the establishment of the society, is it possible to demolish the extra construction by the society?
Second issue is that there was no paid parking and was commonly free for all until now in the building and now the society has decided to start paid parking as per the number of vehicles (30rs for scooter, 50rs for auto, 100rs for cars). However, if only one or few members of the society committee is against this decision. Can it make any impact or does he have to pay the parking amount anyway? Can any argument be made about the pending jobs (conveyance deed, no action on upper illegal construction, improper sewage, etc) of society that have not been done to oppose or postpone the paid parking until the completion of the previous jobs?