Anonymous
18 November 2010 at 17:39
We are having license on year to year basis for operating crane on one of major port and per that we have installed the same, which required huge investment. We have been handling the same since last 3 -4 years continuously, openly and without any error or objectoin.
Now, is port authority before successful installation of new crane by them or by other may vacate our present setup of crane from port?
Please advice.
lalitkumar bhandari
18 November 2010 at 17:34
builder exectued devolpment agreement with other party in the year 1990.therafter builder has filed suit for specific performance against the other in the year 1995 and registered the notice of lis pendence the said matter is pending before the court till today.meanwhile the defedant excuted another devolpment agreement with third party in the year 1999.the third party filed the application in said suit for joining them as defedant the said application was rejected by the court.thereafter the third party excecuted another devolpment agreement with fourth party and fourth party alongwith 1 st defedant sold their rights to the fifth party and fifth party along with third party executed joint venture agreement and then the fifth party and 1 st defedant executed conyence deed in favour of Slum Rehabilation Authority.In this circumstances what are the remedies availble for all this illegal transactions?whether I challenge the said conyence deed by filng separate suit?or should I add them in pending suit?if seprate suit is file wheter it is barred by Principle of Res Judicata.reply
Anonymous
18 November 2010 at 17:31
Wife separatly lived 8 years from husband susequently she filed the suit for maintenace and asking charge over the joint family properties, Any relief for husband and he is ready for joint with his wife, bur wife refused any citations infavour of husband pls sent me
Anonymous
18 November 2010 at 17:25
limitation of redemption if usufractury mortgage
Anonymous
18 November 2010 at 15:55
Dear experts,
our village located at agency area in AP,near by our land some waste land was in reserve forest area.Now after 30 years,some persons occupied the land,constructed houses.recently 3 of rich political influenced persons planned for contructing a pvt school & college & they eyed on for commercial activity.though the land is cleared by govt for public purpose ,these rich persons want to make these lands for their own earning purpose instead of giving shelter to poor people in agency area free of cost.How we could to stop this school or college construction?thier aim is only grabbing land,earning money from poor ,making fixed asset,making thier own plots beside.
Regards.
Venkat R Venkitachalam
18 November 2010 at 12:51
In one of the answers to a query your expert has opined that ancestral property is shared between the father and son equally as coparcenors even when there is a daughter. Would the situation change in a state like Maharashtra where daughters are also given equal shares like sons as per my understanding?
Anonymous
18 November 2010 at 08:58
Sir,
In civil suits, If any party wants to give evidence by the way of Affidavit whether leave to file from the Court is to be required?
In district Courts/civil courts is it essential that first the party will take the permission to file and can be filed on the subsequent hearing or the the same can be filed after taking the permission?
Whether Application seeking permission to file the evidence by the way of the Affidavit is to be enclosed with the pleadings?
What will be the format of seeking permission i.e in the same capitation form as we drafted pleadings or in the convention form (such as Application addressed to registrars)?
kapil dehuliya
18 November 2010 at 07:13
mr dilip sharma had a ancestrol property, he died in 1962. he had one daughter and one son,after the death of dilpji property was in nomination of son and wife of mr dilip,as daughter was minor at that time, after death of wife of mr dilip, his daughter wants the partion what would be the share of daughter in her fathers ancestrol property,mr dilip belongs to hindu family.please mention the share percentage wise.please explain me in easy language as i am not a law expert, waiting for expert opinion curiously.............
Rekha.....
17 November 2010 at 22:47
Respected Sirs/Ma’am
Pl appreciate this very urgently V need this on 19th Nov.Help us..Urgently
THIS QUERY ON BEHALF OF MY COLLEAGUE NIRMAL PATEL
We are Defendant in original Suit and Respondent in present Appeal.
The Plaintiff filed the suit and prayed for injunction restraining defendant from repossessing the asset (financed vehicle) otherwise than due course of law.
In the original suit defendant filed application in civil court (J.D.) under sec.151 of CPC that proceedings of the said suit should be stayed and direct the plaintiff to avail efficacious remedy available under the Arbi. Act 1996 and to approach the competent court of jurisdiction for the appointment of Arbitrator. ------ Trial Court grants the application and passed the order. 1) The present application is allowed 2) The plaintiff is directed to approach the competent court of jurisdiction. 3) no order of cost.
Against this order the Original plaintiff filed Appeal in District Court. But the Hon’ble District Court itself raise the question to the Plaintiff/Appellant that his appeal is tenable? Than prove and also state that this District court has no jurisdiction and revision is tenable only in High court.
Now as a Respondent I need some judgments that the district court is right by raising this question to the Appellant.
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(Under Order XXXVII of the Code of Civil Procedure 1908)
Sir,
kindly clarify whether i can file suit under Order XXXVII of the Code of Civil Procedure 1908 with following facts:-
1.That during the course of business with the defendant the plaintiff had supplied material to the defendant company many times vide various invoices during the period 2007 to 2009. during the course of business the plaintiff issued proper bills to the defendant.
7- That as per the statement of account maintained by the plaintiff the balance amount of Rs. 30000/- as on 08.01.2009 is outstanding against the defendant after receiving the last payment of Rs. 10000/-- on 08.01.2009.
Awaiting to hear soon.
Thanks in advance