Anonymous
04 December 2010 at 17:33
Dear Sir,
My query is that i have filed the execution petition and the warrant of attachment has been issued. when we went for the attachment of the property, i found that the said property was already attached by other one. and this fact also came in my knowledge that the party was shifted to Nepal. Now my query is that what can i do in my case. I also gave the submission before the court to issue summons to the JD under order 5 Rule 25. but the executing court refuses my request.
yogesh
04 December 2010 at 10:33
In Delhi High Court whether Writ AppeaL is admitted as LPA?
Anonymous
03 December 2010 at 23:32
Dear Sir,
Can any of the member friends can send me a copy of Original Application format which has to be filed before Debt Recovery Tribunal for the relief of Personal Decree. (Because the borrower dont have any property to attach)I need a model urgently. Please help me by sending the format. Thanks in advance.
Suresh Rajendran
Anonymous
03 December 2010 at 21:55
sir,
can circulars supersede the law?in delhi cooperatives society act2003 its mentioned for attachments of salary of govt.servants provisions of civil procedure code applies which says max.1/3 salary can be deducted for max 24 months in case of attachments of salary of govt.servant is concerned but office memorandum issued in 1963 by finance ministry clarified that limit of 1/3 deduction not applicable on attachment order issued by collector for recovery of society dues and on the basis of that circular arbitary deduction of around 10000 p.m. is being made. nw my client is facing financial crisis due to this huge recoveryand nw when we have sent his deppt legal notice for that then they have given reply on the basis of office memorandum. nw plzz tell what shall be the appropriate legal remedy for quick relief??plz suggest any citation on this subject??
c.a.ashok kumar
03 December 2010 at 20:41
as we purchased a property through drt auction.the vaccant possion was handover by the advocate but leaving some vessels and house hold goods inside.after 2months we opened the house,then the ex.occupents were prevented us by using gundas and they we cheated by mis use of power.mean time we got interim injection at civil court.the ex.occupants also filed sale cancellation and 20 month delay petion.and raised objection to stay-saying the possion is not vaccant.
now tell me how to remove the properties from the premises? and whether stay will be extended.(Drt will not entertin the application since sale executed on us)
nikhil
03 December 2010 at 20:08
power of attorney of flat have been registered anywhere.
somnathsingh
03 December 2010 at 15:58
An Agreement of Sale is entered by father and son in favour of tenant’s wife already in possession. Before sale deed is executed by them, son got issued legal notice to the tenant (agreement holder) expressing sole ownership by virtue of will deed executed by his mother (original land lady now expired) in his favour.
The tenant’s filed “Suit for Specific Performance” making Father and Son as Defendant 1 and Defendant 2 depositing the balance sales consideration in bank and filed the bank letter in court. The two sisters of D1 Got implied as D3 and D4 challenging the will.
Rent Control Case: In between the tenant file Rent Control case for depositing the rent since the landlord is in dispute. All the parties contested the case. But after some time the suit is dismissed for default, since the tenant has not pressed the case.
Over ruling the above documents the Original Suit was decreed in favour of Plaintiff (tenant) against D1 and D2 for executing the Sale deed for 50% of the suit property, failing which the court will execute the sale deed. The balance consideration deposit issued by the bank is not marked as exhibit by the plaintiff (tenant’s wife) and the court is silent about it in pronouncing the judgment, but this was clearly mentioned in plaint and was cross examined in evidence. The court also confirmed the balance 50% ownership to sisters by invalidating the alleged will. The sisters are not willing to sell the property.
Aggrieved by the Specific Performance decree, brother preferred an appeal and it is pending and the Appellate court granted interim stay till the disposal of final appeal. Now the stay is vacated.
Their after the tenants wife registered the 50% property of D1 & D2 by the court by depositing the balance sale consideration.
This property is part of the total property in partition suit. Now the partition suit is under compromise.
Now the questions are:
1. When the amount is already deposited in bank and the bank letter is deposited in court. Neither the court nor the party insisted for the same to bring it into record and registered the sale deed as per the lower court order. Is the court erred in this subject.
2. The tenant has filed a rent control case for depositing the rent in rent control, but not traced subsequently. This means is he under default of paying rent right from the date of A/S. As an agreement holder is not the owner of property in one aspect and tenant and his wife are separate party in eyes of law on the other aspect.
3. Is it possible to re-open the RC case dismissed for default and to file the suit for eviction?
4. Is the prospective landlord can withdraw the amount from bank against sale deed execution?
5. The tenant wife prefer no appeal against the order of the lower court either for registering the complete suit property or to for not paying the rent till the disposition of suit.
6. Paying rent till the sale deed is registered is one of the recital in Agreement of Sale.
Please advice.
Regards
Somnath
Ajay Dand
03 December 2010 at 15:28
The Managing Committee of our Co-op. Housing Society has not filed form M-20. What is the procedure to be followed for the committee to be able to file it at a delayed date? Is this allowed, if the General Body passes a resolution allowing such delayed filing? Can the general body also pass a resolution ratifying all the acts and deeds by the MC, during the period that the Form M-20 was not filed?
Anonymous
03 December 2010 at 12:36
sir,my family want create temple trust,how it possible
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guidance needed
sir,
in the civil suit the suit is decreed in part in favor of plaintiff. respondent preferred the appeal. as the org. plaintiff is contesting the case in person and not conversant and well acquainted with procedure to file cross objections filed cross objections along with delay con donation application.cross objections filed were not in form of memorandum of appeal form. the hon. court has condoned the delay and cross objections are taken on record. mean while the org. plaintiff came to know that the cross objections are required to be filed in the form of memorendum of appeal form and necessary court fee is also required to be affixed otherwise the same will not be considered and on tecchnical grounds the cross objections may be rejected in final judgement. so the org.plaintiff filed pursis along with the same cross objections but only in memorandum of appeal form with detailed calculations of enhanced claim by way of cross objections and also affixed necessary court fee on it. the Hon. Court ordered on Pursis Other side to say if any. the pursis ,the court fee stamp and the cross objections in memorandum of appeal form are given exhibits .the appellant filed his say to the pursis with say that already one set of cross objection is on record hence other set of cross objections cannot be allowed to be filed. the argument on the pursis completed. the org.plaintiff filed written notes of arguments for argument on exhibited pursis saying that he is not conversant with the procedure to file the cross objections and now the cross objections filed in form of memorandum of appeal form are the same which are allowed by the court already and to avoid any lacuna and technical defects he has filed the same in memorandum of appeal form. the Hon. court passed the order and rejected the pursis and the grounds for filing cross objections in memorandum of appeal form saying pursis cannot be allowed
what the org. plaintiff should do now.will not taking the cross objections in memorandum of appeal form will be harmful to cross objections . how the defect if it is at all of not filing the cross objections in memorandum of appeal form without affixing necessary court fee which is now part of record could be cured.