attachment , sale declaration for outstanding loans.

In response to some querries I had replied that even though there is outstanding and attachment or sale notice is issued by any financial body under Surfasi act or any other court order, decree still you can escape the coercive action by creating private trust in favor of relatives, friends , employees or even charity. But it should be back dated.

People send me emails with incomplete infromation and pressing for urgent reply as if I am responsible for their problems.

Please note that there is always ways to come out of rigours of the legal problems but you have to be sincre to seek advice and must provide all the details.

Reasoned actual qurries in this regard are welcome.

For personal advice pl send mails at firmaction@gmail.com giving full synopsis of your case.

Oral partition of ancestral property

Oral partition of ancestral property was made between two brothers about 60 years back. They were enjoying their respective shares of the ancestral property allotted to them. One of the brothers died about 35 years back. The surviving brother and the sons of the diseased brother entered into a partition list in 1991 citing the oral partition made and the properties allotted were listed in the partition list drafted by a senior advocate. The partition list is unregistered. About 8 years back the grandsons of the diseased brother have filed a suit against all other family members claiming their shares. Kindly illustrate with case details where the oral partition and the unregistered partition list as per which the elder members of the family were enjoying their respective properties is upheld by the courts.

Article 142, Constitution of India

Dear Sir,

Please tell me that whether the Motor Accidents Claims Tribunal or in Appeal the High Court may exercise the powers of the Hon'ble Supreme Court under Article 142, Constitution of India.

Request you to answer with citations.

Thanking you,

C.S.Shah

148 A of the CPC.

1) Pls tell me whether Caveat as per section 148 A of the CPC can be filed under the income tax , sales tax , excise matters which are at high court proceedings. (In simple the judicial proceddings which are at high court relating to the income tax , sales tax , excise matters than Caveat as per section 148 A of the CPC can be filed ?

2) Also if anticipatory bail is given & the person to whom the anticipatory bail is given & no FIR is lodged against him to arrest him then what will happen to anticipatory bail given & who is laible or what is the further process to be taken to close the case .

Thanks In Advance.

bail permitee.

1) A bail permitee transacts bail entirely based out of their own funds (which must be considerable) without a surety insurance company backing them. A bail solicitor is licensed only to transact bail for one employer. They cannot work for themselves or any other company but the one they I initially contract with. Neither if these are common. Bail AGENTS, who are backed by sureties and can work for themselves OR any other bail company, are mist common.

2) Injunction is a restraining relief. Interim injunction is a variety or form of interim relief, which is a broader category. Normally when the plaintiff or petitioner establishes a prima facie case and the balance of convenience is in his favour and if he would be subject to much or irreparable harm unless some urgent relief is granted pending the main relief asked for in his suit/petition, then the interim relief is granted in his favour. The order awarding interim relief in no way decides the merits of the case. Nor can it be a res judicata; nor can it establish any ratio decidendi. It is but a discretionary and equitable relief by the Courts to maintain the status quo pending disposal of the cases or to reach some immediate relief and justice to the aggrieved party so that he can pull on further and pursue the case and his livelihood, etc.

Interim relief can be of various forms - positive and negative, whereas injunction is generally or exclusively negative. It restrains the defendant or any third party from carrying out any specified action detrimental to the interest of the plaintiff/petitioner pending disposal of the case. As already stated, injunction is a subset within the broader set of interim relief. Normally interim relief granted should not be equal or equivalent to the final relief requested for - of course in very exceptional circumstances the Court can and may grant even such interim relief as equivalent to the final relief requested for.

Query : Pls Comment on the above mentioned topic if possible with the case laws. Also I want to know which section says the above mentioned one's.

Thanks In Advance.

Pledge .

Pledge means possessing the movable property whereas Hyphothecation is possessed on immovable property. Possession of property will be with the lender in case of hyphothecation possession of property will be with borrower itself.

Query : Which sections says the above mentioned ones. Also Difference between Lien & morgagte because i think both the defination are same. Also which sections says the defination of pledge, mortgage, Hypotehication & lien.

Thanks In Advance.


Thanks In Advance.

UNAUTHORISED CONSTRUCTION AND ILLEGAL RUNNING OF GUEST HOUS

DEAR SIR,

MY BROTHER HAS MADE AN UNAUTHORISED CONSTRUCTION ON THE UNCONSTRUCTED SECOND FLOOR OF HOUSE IN DELHI WILLED TO ME . THE WILL IS PROBATED AT DELHI HIGH COURT.

I LEARNT IN 1999 THAT HE HAS UNAUTHORISEDLY CONSTRUCTED A ROOM AND A TOILET. I TOOK UP THE MATTER WITH MCD, PUBLIC GRIEVANCE COMMISSION REGULARLY. NOTHING HAPPENED.

I SOUGHT REASONS FOR NOT ACTING BY MCD FOR DEMOLITION THROUGH RTI.

THE CHIEF INF OFFICER IN JULY 2009 PASSEED SEVERE STRICTURES ON MCD AND ITS CORRUPT WAYS.

FROM 2004 MY BROTHER IS RUNNING AN ILLEGAL GUEST HOUSE ON THIS FLOOR IN VIOLATION OF MCD AND DELHI POLICE ACT LAWS. THIS MATTER TOO WAS REPORTED TO MCD AND THE POLICE DEPT BUT NO ACTION.

MY QUERY IS:

SHOULD I FILE A CASE IN HIGH COURT SEEKING MANDATORY INJUNCTION AGAINST BROTHER , POSSESSION OF PROPERTY, MESNE PROFITS AND MANDATORY INJ FOR MCD TO DEMOLISH AND POLICE TO STOP GUEST HOUSE , ALL IN ONE PETITION AS SUGGESTED BY MY LAWYER OR

SHOULD I FILE SEPARATELY A WRIT AGAINST POLICE AND MCD

AND FILE A SEPARATE SUIT FOR POSSESSION AND MESNE PROFITS.

KINDLY ADVISE AND THE REASONS FOR YOUR ADVICE.

I REPEAR MY LAWYER SAYS THAT THE WRIT IS TIME BARRED WHICH I FEEL IS WRONG AND HE SAYS THE UNAUTHORISED CONSTRUCTION IS DISPUTED WHICH IS NOT.

WHEN I REPORTED TO MCD IN 1999 ABOUT THE UNAUTHORISED CONSTRUCTION IT RAISED THE TAX CITING CONSTRUCTION ON SECOND FLOOR AND SO IT IS EVIDENT THAT IT WAS AWARE OF THE UNAUTHORISED CONSTRUCTION BUT DID NOT ACT.

KINDLY ADVISE

PROPERTY RE-SALE

MONEY RECOVERY AGAINST E.P

I FILED AN E.P.CASE AGAINST J.D. INITIALLY J.D WAS EVADING FINALLY WE ARRESTED AND PRODUCED HIM BEFORE COURT.THEN J.D.PAID RS5000 ONLY TOWARDS LODGEMENT AND GOT RELEASED,INSPITE OF OUR REFUSAL TO ACCEPT , HE WAS RELEASED BY COURT. THERE AFTER EVERY HEARING HE USED TO PAYONLY RS3000, WHICH IS NOT EVEN 1% OF THE DECREED AMOUNT.HE HAS GOT ALL THE SOURCES AND ASSETS,BUT HE SUPPRESSED THEM.
SO, WHAT I WANT IS TO DECLARE HIM AS A CREDITOR I.P. THROUGH THE COURT. HE IS ONE OF THE DIRECTOR IN THE FINACIAL INSTITUTION RECOGNISED BY THE RBI.
KINDLY ADVISE ME WHAT OTHER STEPS THAT I CAN TAKE RATHER THAN DECLARING CREDITOR I.P.? OR HIS COUNCEL SAID HE HAS NO MEANS TO PAY .EVEN THIS RS3000 IS BEING PAID THROUGH HIS SON'S SALARY,WHICH IS ABSOLUTELY WRONG.I KNOW HIS SON IS NOT WORKING ANY WHERE.
WHAT I SHOULD DO TO MKE HIM TO PAY MORE OR SHALL I FILE CREDITOR I.P. PETITION AGAINST J.D. ADVISE ME.

writ petition when is it time barred

may brother made an unauthorised construction on the floor of a house willed to me by my mother in 1999.

i wrote to the municipal corp of delhi where the property is located.

i kept on regular correspondence about its demolition and filed a petition with the public grievance commission delhi.

nothing happened.

i wrote again regularly and took the matter with rti.

the CIC passed sever stricture against mcd for failure to act.

QUERY

I WANTED TO FILE A WRIT PETITION AGAINST MCD FOR FAILURE TO DEMOLISH CONSTRUCTION

THE LAWYER ADVISES THAT THIS IS TIME BARRED.

IN MY EXTIMATION TIME BARRED PERIOD APPLIES IF YOU DID NOT INITIATE ANY ACTIION FOR 3 YEARS TO ACT.THIS IS NOT THE CASE.

WHAT IS THE POSITION SIR

WILL I HAVE TO GO FORM A CIVIL SUIT AGAINST MCD OR A WRIT CAN BE ADMITTED.