Sekar
17 March 2020 at 15:41
A review petition was filed in Hon. HIGH COURT OF Andhra Pradesh
Will a notice be served on the respondent once the petition is admitted?
Anonymous
17 March 2020 at 12:05
What does the below mean?
Business : NO PW
Next Purpose : Evidence
Sudip Adhikary
16 March 2020 at 21:07
1)Tenant filed title suit for permanent injunction against eviction
2)District Court issue temporary injunction instantly
3)After getting injuction , tenant disconnect electricity for landlord portion, paying electric bill self and landlord cannot use his own electricity since 2011.
3)Tenant break wall and and occupied one extra room
4)landlord inform Court all ,several years ago ,Court did not hear the petition till date
5)lawyer is saying we cannot do anything as the is ruung in the district court
My question is
1)Is there any remedy to get back the electricity and extra occupied room?
2)Can we file any pettition in High Court ? if yes, please inform what type of petition
3)Can we ask to file FIR to District Court or High Court?
Anonymous
16 March 2020 at 18:11
If on paper property is 94 gaj but actual property is 200 gaj. If buyer do registry on 200 gaj property. What action should be on seller or buyer.
Shehbaz Naqvi
14 March 2020 at 18:32
FOLLOWING IS THE COURT ORDER, I WANT TO CLARIFY WHAT AMOUNT I WILL GET IF MY MONTHLY SALARY IS 44000/PM. AND IF WITHDRAWAL IS POSSIBLE FOR THREE MONTHS ONLY I.E. JULY, AUGUST & SEPTEMBER OR AFTER THIS ALSO
IN THE COURT OF SH. R. L. MEENA, ADJÂ02 & WAKF TRIBUNAL
(NEW DELHI DISTT.), PATIALA HOUSE COURTS, NEW DELHI.
EX No.707/18
Ms. Anshu
D/o Sh. Gyan Prakash
R/o WZÂ68, Menakshi Garden,
New Delhi.
….......DH/ NonÂapplicant
Versus
Sh. Shehbaz Hussain
S/o Sh. Jawad Hussain
R/o EÂ278, Second Floor,
Near Jaswant Apartment,
Okhla Village, New Delhi.
….......JD/ Applicant
ORDER
(13.09.2019)
1. By this order, I shall dispose of the application of applicant/ JD
U/Sec.151 CPC for defreeze the bank account of the applicant/JD bearing
no.443244137 with Indian Bank, Jamia Milia Islamia Branch, Delhi.
2. Briefly stated, DH filed a suit for recovery U/O.XXXVII CPC
against the applicant/JD, which was decreed for a sum of Rs.45,00,000/Â with
pendentÂlite and future interest @6% per annum vide order dated 04.05.2018
passed by Ld. Predecessor of this court after dismissing of leave to defend
application of the applicant/JD.
Ex. No.707/18 Page No.1 of 6
Anshu Vs. Shehbaz
3. It is stated by the JD in the present application that he was in
urgent need of home loan. Accordingly, he was introduced by a person namely
Satish to Mr. Piyush i.e. husband of DH and Mr. Ankur i.e. son of DH, who are
stated to be practicing lawyers. It is further alleged that Mr. Piyush had assured
JD that loan would be provided to him after execution of necessary documents.
On the said assurance, husband of the DH had obtained signature of the JD on
blank papers. It is further stated that DH, after getting the signature of
applicant/JD on the said blank documents, did not provide any loan amount. It
is further alleged that all the documents mentioned in the plaint are forged and
fabricated. It is further alleged that DH, with the collusion of her husband, son
and other persons engaged a counsel, who pretended to be counsel for the JD
and made a compromise on behalf of the JD. It is also alleged that present
decree has been obtained by fraud, therefore, several complaints have been
lodged against the DH, her husband and son in the Police Station and in the
Bar Council of India. It is further stated that JD is having the salary account
bearing no. 443244137 with Indian Bank, Jamia Milia Islamia Branch, in which,
his salary is credited every month. It is further stated that JD is only bread
earner for his family and he has to take care of his wife, two children, who are
studying in School and Senior Citizen parents. It is further stated that on
22.02.2019, this court issued the warrant of attachment against the JD's SBI
bank account, but the above mentioned Indian bank official freezed the bank
account of the JD, therefore, JD is unable to withdraw his salary for his daily
Ex. No.707/18 Page No.2 of 6
Anshu Vs. Shehbaz
household needs.
4. It is prayed by applicant/ JD to deÂfreeze the salary account of
the JD bearing account no. 443244137 with Indian Bank, Jamia Milia Islamia
Branch, in the interest of justice. It is also prayed to give directions to the
Indian Bank, not to release any amount in favour of the DH from the said salary
account till the disposal of the application.
5. I have heard the arguments advanced by Sh. Kunal Kukreja,
counsel for applicant/ JD and Sh. Piyush, counsel for DH and perused record
carefully.
6. During the course of the arguments, it is submitted by counsel for
applicant/ JD that DH has dishonestly obtained the decree of Rs.45,00,000/Â
and same has been challenged by a separate application U/O.37 R.4 CPC. It is
further submitted by counsel for applicant that the account which attached by
this court, is a salary account of the applicant wherein the salary of the
applicant is credited in every month. It is further submitted that applicant is
facing situation like starvation after attachment of the said account as he
cannot withdraw any amount from the said account. It is prayed that applicant
may be allowed to withdraw some amount in order to meet the necessary
expenses of his family.
7. On the contra, counsel for DH has opposed the said argument
stating that if applicant is allowed to withdraw the amount then DH may not be
able to execute or satisfy his decree. It is prayed that the present application is
Ex. No.707/18 Page No.3 of 6
Anshu Vs. Shehbaz
liable to be dismissed.
8. After having gone through the submissions of the counsels for
both the parties and perusal of the record, I find that the applicant/ JD has been
working as Assistant Professor in Jamia Milia Islamia University, New Delhi.
Further, the account which attached by this court, is a salary account of the
applicant. In the said situation, now one sole question arises in the present
application, as to whether the entire salary which is being sent to the
applicant's account by the employer of the applicant, can be attached?
9. In order to deal with the said question, it is relevant to refer the
appropriate provisions of law:
(i) Order 21 Rule 48 CPC governs the procedure for attachment of salary
of Government Servants or Railway or Local Authority.
(ii) Sec. 60(i) CPC provides for limit of exemption from attachment.
(iii) As per Sec. 60(i), the following shall not be liable to attachment.
(i) Salary to the extent of the first (one Thousand Rupees) and two thirds
of the remainder.(in execution of any other than a decree for
maintenance) It may be mentioned that under the Amendment Act
46/1999, the words "Four hundred" is now substituted as "Rupees One
thousand".
10. By the reading of Sec. 60(i) and the Explanations thereon, the
following propositions could be enumerated:
(1) (a) Salary not exceeding Rs.1000 is wholly exempt from attachment (in
Ex. No.707/18 Page No.4 of 6
Anshu Vs. Shehbaz
execution of a decree other than a maintenanceÂdecree). If it exceeds Rs. 1000
(after Amendment Act 46/99) the nonÂattachable portion is Rs. 1000 and twothird the remainder;
(b) two thirds of the salary is liable to attachment in execution of a
decree for maintenance;
(2) Exemption from repeated attachments is also applicable to private
salaries as is applicable to salaries of servants of Govt. etc (vide Proviso to
Cl.(i).
(3) Private salaries can also be attached before they are actually payable
like salaries of servants of Govt &c (vide Expln.I).
(4) Salary means the total monthly emoluments whether on duty or on
leave excluding any allowance that may be declared under cl(1) (Expln 2).
(5) As regards allowances, only notified allowances of servants of Govt.
etc. are exempted, (vide cl(1).
11. In view of said provision of law particularly Sec.60(i) of CPC, it is
apparent that Sec.60(i) is a mandatory. There can be no attachment in
contravention of the limit of Sec.60(i) CPC. It is further apparent that salary not
exceeding Rs.1,000/Â is wholly exempt from the attachment (in execution of
decree other than a maintenance decree). If it exceeds Rs.1,000/Â (after
amendment act 46/99) the nonÂattachable portion is Rs.1,000/Â and 2/3rd the
remainder. Accordingly, applicant is entitled to withdraw the remaining portion
of salary after the said deduction mentioned in Sec.60(i) of the CPC.
Ex. No.707/18 Page No.5 of 6
Anshu Vs. Shehbaz
Accordingly, Bank Manager of Indian Bank, Jamia Milia Islamia branch is
directed to release the salary of the applicant from his account after the
aforesaid deductions particularly mentioned in Sec.60(i) of CPC from the month
of July, i.e. date of filing of present application 10.07.2019 till the month of
September, 2019.
12. It is further ordered to the Branch Manager of the said bank that
whatever amount is left after the deduction of the said portion of salary, be sent
to this court in the form of FDR. Warrants of Attachment of salary of applicant
be issued to the department of JD/ applicant w.e.f. Month of October, 2019, in
order to satisfy the decree. It is made clear that the amount to be sent in the
form of FDR to this court by the bank and the salary by way of attachment
w.e.f. month of October, 2019 will not be released to the DH till the disposal of
the pending application i.e. U/Sec.47 r.w. O.21 R.29, 90, 100, 101 of the CPC
and application U/O.37 R.4 CPC.
13. With these observations, the present application stands disposed
of.
(R.L. Meena)
ADJÂ02 & Waqf Tribunal
NDD/PHC/ND/13.09.2019
Ex. No.707/18 Page No.6 of 6
Anshu Vs. Shehbaz
swetha
13 March 2020 at 10:32
Background:
Dear Experts, I have filed a criminal case against my husband and his mother u/s 4 of Dowry Prohibition act. During cross-examination of Investigation Officer, My husband's lawyer asked the IO whether the IO refer the case to Social Welfare Officer which specifically mentioned in Section 8(B)(2)(c) and (d) of the DP Act, 1961 and Rules 4 & 5 of the DP Act. The IO answered that she has not refer the case to the Social Welfare Officer and obtained evidence or report.
My Question:
1) Is it mandatory for the IO to refer the case to Dowry Prohibition Officer to collect evidence for the persons committing the offence under the Act?
2) This statutory requirement was not complied with by the prosecution at the time of filing of final report. Is it possible to my husband to escape from conviction u/s 4 of DP act?
Ankit
12 March 2020 at 19:50
I gave power of attorney to a person for take care of my land and handle some matters in 2012. Today i came to know that he has made registery of the land in favor of his wife in 2013 in the basis POA.
I haven't given him POA for sale. He did a fraud with me.
What is the limitation of this? It has been 7 years but came to know about this today only, what action should i take and how should i proceed with this?
Thanks in advance.
Balaji Bakthavathsal
12 March 2020 at 18:44
An unscrupulous respondent filed a CRP in the High Court of Madras in the year 2014 with the request to set aside the ex-parte order issued by the lower court and stop the proceedings in the lower court. Since the High Court has not granted any stay for the proceeding, the lower court conducted the proceedings and awarded ex-parte judgment & decree in the year 2016. It is learnt that once the lower court awards the decree, the CRP becomes infructuous. Further, the respondent has appealed against the ex-parte judgment / decree in the next appellate court (Sub-Court) and is dragging the appeal suit for the past 4 years. The CRP is also pending in the High Court for the past 6 years without being listed for hearing. As the respondent is most unscrupulous person who just want to drag on the suit to extort money from us, how to bring it to an end ?
Also please let me know the Order & Rule under which I can file a petition for speedy disposals of both the cases.
Thanks & Regards
Balaji
shivakumarb
12 March 2020 at 17:41
dear sir ,
i am the decree holder in the execution petition JDR is placed exparte, now the HONBLE Court has been issued sale notice , that time third party has filed Order ! Rule 10(2) OF CPC
Now the question is whether the above said application is maintainable r not in Execution petition
can i have
please provide any citation of Apex court
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Chajja installation over window
Do we require to take permission from society to install chajja over the window ?
Please let me know if you need any more info.