s.loganathan
27 August 2010 at 09:36
B obtains a power of attorney from A(80 year old man) to sell his property in whole or in part.
B sells the property in parts and manipulates accounts to A. A cancells the power of attorney after giving legal notice.
A gives POA to C for the remaining.
B serves notice to A & C on account of subsisting contract with A and files a case in court for specific performance.
Case gets expartite decreed on non-appearance of counsel for A & C.
Exparte set aside and trial begins with proof of forged document by C. 340 application allowed and numbered.
B without disclosing an earlier POA obtained clandestantly from the illiterate A, obtained even before the latter POA, uses this POA to register the remaining property to his wife's name. What is the status of the trial?
Counsel for defendants have moved the court for rejection of plaint, as the plaintiff himself had exercised the relief prayed in his prayer. The registration is viewed as illegal as it would be subjected to the laws governing lis pendence. Are these contentions right? It has been 6 months since rejection of plaint filed. Is there any relief that can be approached in a higher forum?
Ladhu Ram Chowdhary
27 August 2010 at 08:50
How period of limitation will be computed in a case of set-off or counter claim. ?
Ladhu Ram Chowdhary
27 August 2010 at 08:47
Whether new fact may be stated by plaintiff in a written statement filed in answer to counter claim. ?
vinod bansal
26 August 2010 at 22:15
R/Experts
I am representing plaintiff (Tenant)in a civil suit in which no rent receipt or rent deed was executed in between tenant and landlord. Now landlord has taken a plea than plaintiff (Tenant)is totally stranger to him & he is a rank tresspasser in disputed building. Whereas just before( prior) to creation of tenancy there was several times mobile conversation was effected in between parties.Both Mobiles are pertainning to BSNL,i have both mobile nos.mobile conversation was effected in Sep. 2008.Now case is fixed for evidence.To whom/officer of BSNL Haryana Ambala Division i have to summon secondly record is almost 21 month old,At which addrerss or to whom i have to got summoned who can bring relavent record in court.Secondly 21 month old record will available with BSNL or not it is second problem.Thirdly is it mandatory to kept record of all calls records of out going and in coming of consumers by BSNL.I want prove only call details of both parties not conversation/audio becoz i think it is not mandatory to kept record of all conversations even it is violation of privacy rights.Kindly suggest.Thanx in advance.
Anonymous
26 August 2010 at 22:12
We have formed an HUF entity long back but did not prepare any deed for it nor bank etc. asked for it so far. Pl. advice if there has to be any deed and if so do we need to register it ? Pl provide a format as well if required by law?
Anonymous
26 August 2010 at 17:09
Dear Experts,
My uncle died intestate leaving Rs.2.5Lacs in saving account in a nationalised bank in mumbai in July'2010. The account remained inoperative since 2006. Since 2005 he was living in Lucknow and died there. He has left his wife, 1 married son and 1 un married daughter who all live in Lucknow.
Pls suggest how to recover the amount from the bank.
Regards
Anonymous
26 August 2010 at 14:07
Facts of the case are as under:
Plaintiffs filed suit to remove certain tresspassers from premises owned by them.
Preliminary decree is passed stating that Defendants have no right in the suit premises. At that time, defts say they have sub-let the premises to some other people (their own put up parties) and therefore cannot give vacant possession to the plaintiffs.
These other people are added to suit as additional defendants.
These new defendants file written statements basically saying that they have leave and licence agreements with the original defendants. They admit they have never had any agreement with any of the plaintiffs.
Plaintiffs case is that it is clear that the original defendants had no right to the suit premises and no right to enter into any leave and licence agreements with anybody regarding the suit premises, so the additional defendants also have no right to remain in the suit premises.
My question is that this is basically a question of law that has to be decided by the court. The facts of the case are not disputed.
Is it necessary or compulsory for the new defendants to be allowed to enter the witness box and lead evidence in the matter? Since the facts of the case are not disputed, can leading evidence in the matter be dispensed with and the suit directly proceed for arguments, in the interest of expediting the matter?
Anonymous
26 August 2010 at 13:22
sir,
x files asuit for mere declaration of a will as null 7 voi without seeking cancellation thereof.x is one of six legal heirs of the testator and in possesion of a part of property. is the suit as such maintanable? i have filled an application of o7 r11 pending for objections.
Anonymous
26 August 2010 at 11:49
tenanant lardlord dispute is pending in court .tenanant is in good reletionship with Asst commissioner of police .now police machinary harrash landlord family several times by calling them police station and pressurise them to compramise
whether W.P can be filed in Hon'ble HIGH COURT(pls state the name of writ) to stop police machinanary from interfering in civil dispute
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