Shantilal Pandya
15 September 2019 at 12:09
Sirs. Dear Experts
Will anybody please opine on the following issue That under order 13 rule 1 of cpc the original documents are required to be produced in the court before settlement of issues , whetrher or not the court has discretion to allow the production of original documents for the first time after settlement of issues ,the documents either in original or copies were never produced before the settlement of issues , the documents are in the naure of evidence to prove a fact but not that the same is the foundation for creating a right for the suit claim please cite an authority to support the views . Thanks . ,Shantilal Pandya
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Anonymous
14 September 2019 at 17:56
can you file a case in civil court by the method of postal service or any other way through which it can be done without having to go to court itself by courier service or speed post or registry
Anonymous
14 September 2019 at 13:49
Respected members of Lawyers Club India,
Around 13 acres of land was developed as venture in 2000.The venture is surrounded by agricultural lands(given by Govt). Later on residential houses were constructed in such venture, colony was developed. The said colony was registered in 2015.Before 2015 people has acquired plots in that area. There is only one main road(road occupies part of agricultural land given by govt) to enter into that colony. At that time of making layouts of venture, the developers of venture has brought part of land from the owner of such agricultural land at an oral agreement and paid adequate consideration.The owner of agricultural land(suppose Mr.A) has not raised any objection at the time of laying road. The road is being used by the people of colony since 2000.
Recently Mr.A has made fencing across the road(his land) creating inconvenience to the public.When we people(colony members) have questioned him about the road and consideration which he received in 2000, he was saying that he did not received any amount and such land belongs to him.He also said that the reason for not reacting to the situation since 2000 is the same agricultural land is under dispute with his family members and the case is in the court.And the case was settled now.
The question here is whether can we claim Necessity Easement as we are using the road since 2000.If yes, please prescribe the procedure to remove the fencing from the road.We didn't have any Document evidencing the payment of consideration.
Thanks in Advance.
SHEKHAR
13 September 2019 at 10:59
Respected SIrs :
I Mr.Shekhar Dhawley have an query related to my fathers property as belows :
My Father Mr.D M Dhawley had purchased a flat from MR .Gopal in year FEB 2012 for amount of 14 lacs. Both of them had not made any kind of document except that on a Rs 100 stamp paper Mr. Gopal had agreed that he as agreed that he has received Rs 10 lac from my father as a payment of flat and Mr .Gopal and my father has his thumb on that paper.We has the possession of flat since then .
In year 2011 Mr Gopal had borrowed a loan on that flat from a co-operative bank and he did not inform my father the same while doing the transactions.My father died in year 2014.
Now the Bank is sending the notice to our people to whom we have rented the flat to vacant the flat.
Please help me as to what can be done legally against Mr.GOPAL. and can we bringa stay on that flat.
Regards
Shekhar Dhawley
Mohammed Rizwan Shaikh
12 September 2019 at 13:40
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
Ankush dahiya
12 September 2019 at 09:44
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Anonymous
11 September 2019 at 18:07
A drain project of 50 lakhs constructed by a contractor is inferior quality in 2015.I applied through HC to inspect the quality.HC ordered for proper lab tests to highways authority. Until payment stopped to contractor. The testing authority submitted technical report that the building is in good condition. Payment released. Now it is found on record that cement n steel purchased bills for Rs.25 lakhs for the construction are bogus bills. There are no such traders. HC disposed this case in 2015 itself without knowing this. Can I now challenge the highways report and HC order now?
Ankush dahiya
11 September 2019 at 08:29
In original partnership deed signed in the year 2000, the original partnership deed is tempered by putting fluid in original share of A=25%, B=25%, C=25%, D=25% and on that fluid the share numbers are again typed as A=10%,B=70%,C=10%,D=10%.
NO INTIMATION WERE GIVEN TO US AND WE CAME TO KNOW IN COURT
SO, my question is Is it legal to put fluid and overtype in original deeds? In the courts will the judge declare this document as null and void?
Anonymous
11 September 2019 at 08:24
My neighbour has been throwing garbage on the corridor and as per the sale agreement, corridor is a common area and should be used to keep garbage. Earlier indisposed wormy garbage was kept outside for many days and we have to arrange for disposal from our side. Despite the association and the builder strictly asking our neighbour not to keep garbage out, she continues to keep garbage out. How can this be legally sorted out.
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Query on 138 NI act
Someone borrowed some money from me 2 years ago for 3 months..I gave him in cash , withdrawing from my bank account ..i dont have anything in written agreement ..now after persuading him he gave me a cheque ..after inquring from bank i got to know there is no money in his bank account..if i put this cheque in my account it will surely bounce..i want to know can i proceed against him under section138 NI act ..please tell me the complete procedure..