SHIESTA007
15 July 2010 at 14:44
Dear Team,
There has been sale of immovable property during the pendency of suit.
The plaintiff had filed an application for Interim Injunction and the IA had been dismissed.
The trial court futher proceeded with the case and the evidence was going on. The defendant filed an objection saying that the suit was not valued properly and proper court fee was not paid.
The trial court ordered the plaintiff that deficit court fee should be paid on the market value of the property and falls U/sec 24[a] of K.C.F & S. V. Act 1958.
The plaintiff challenged the order in the High Court for the deficit court fee and finally the court disposed of the case giving verdit that the court fee should be paid under Sec 38 of K.F.C.& S. V Act 1958.
During the pendency in the high court the defendants made sale deed and sold of the property.
Now what should be the procedure for the next step to move ahead.
The First I.A. for interim injunction was rejected and now during the pendency in high court , does the defendant have any rights to sell the property.
Does this lead to Contempt of Court for suppressing and misrepresentation of the facts in the High court by the Defendants.
I thank all the members for their valuable time to answer the query.
Daksh
15 July 2010 at 14:12
Dear All,
Let's face it we are used to live in litigious society wherein the law is based on adversarial concept. The recent trend of introducing economical, less time consuming and peaceful negotiations do indicate the evasive attitude of the "STATE" to arrest and address the problem. There might be upteen reasons (read excuses) for the same but my question to all the learned friends and collegues that are we heading towards a society where private courts can be a near reality.
Awaiting for your comments.
Best Regards
Daksh
mahendrakumar
15 July 2010 at 06:42
can father of an 18 (major) year old student who is dependant on him file a case at cdrf and plead on behalf of the son?
if possible provide any citations.
can op counsel object on maintainability of the case?
since,even third party(other than an advocate) including an ngo or a consumer association can represent a case at cdrf,
any objections by that could be raised by the op counsel in this regard deal on this ground alone or any further defence required?
S.B.adil rahman
14 July 2010 at 18:32
In how many days a case has to be filed at Administrative Tribunal? My client was denied promotion by the state government and the publication in Gazette was made on 7.8.2009.He filed representations with the Home secretary and the chairman Public service commission West Bengal. Till now even after 11 months no reply was received.In the mean time he was again superseded on 2.7.2010 for the second time. What is the limitation for filing cases against the State? whether both the cases of denial can be clubbed together in the plaint.I am confused about section 21 of Administrative Tribunal Act. kindly clarify.
Nirmal Joseph
14 July 2010 at 18:26
Hallo friends,
A person wrongfully constructed a four storied building on my boundary wall against the municipality approved plan. I lodged a writ of mandamus in the high court to direct the municipality to demolish the violated portion. In the writ I included the offender as the second respondent. The writ was filed during June 2006.
Subsequently 3 months later, during September 2006 the second respondent in the writ (the offender) filed a false demarcation suit against me saying that the boundary was not demarcated properly between my property and his.
Then on November 18, 2006 in his Counter Affidavit in the writ he referred to the existence of the above said false suit and wrongfully convinced the court that if the boundary is demarcated there would not be any violation of building rules.
Taking this into account the court ordered to seek the remedy in the pending false civil suit lodged against me by the offender.
I preferred a writ appeal; and that also unfortunately confirmed the order in writ petition.
So I was forced to seek the remedy in the civil suit filed against me. In the mean time the civil suit has crossed the stage of framing the issues. My lawyer, stating the orders of the WP and WA presented a delay condonation petition. The Judge passed an order in favor of me to accept my petition. But the opposite party preferred a Revision Petition and got the order against me.
As a result, now I am not permitted to seek remedy even in the civil suit lodged against me. The verdict of the Revision Petition was pronounced on 07.07.2010. I have the following questions:
1. Can I go for appeal in the Apex Court against the order of High Court in WA? In such case is it enough to show the reason of obeying the order in WP and WA as the reason in delay condonation petition?
2. Or do I have to go for appeal in the Apex Court against the order in Revision Petition (CRP). If so within how many days from the order?
3. Or can I go for both?
I would be much thankful if someone in the forum could guide me in this regard.
Thanks in advance!
Anonymous
14 July 2010 at 16:31
Dear Sirs,
I have given sizable amount to a builder and now he is not in a position to pay the money; And for the last 8 years,he is dodging,and telling me different stories.
I had paid him in cash in three installments, and taken three undated checks with Amount written in his own hand writing( on the check/s),plus one more blank check (Signed,Undated) towards the interest payable.
Nothing written in writing(about the above transaction).
Now,he is not in a position to pay me,but he has some Roof/Terrace Rights in an apartment(Which he constructed)in our area.
Kindly advice me, the remedy available to me.
With regards,
Thanking you ALL in advance in anticipation of QUICK solution to my problem Please!
Anonymous
14 July 2010 at 16:05
I am tenant in a building on pagdi system basis since 10 years. Though Our Building well maintained, as the owner the wants to evict all the tenants he declared our building as Dhoka Dayak Imarat. So what shall we do for the same which will not disturb our possesion.
Anonymous
14 July 2010 at 16:00
How many years and under what circumstances a building can be declared as Dhoka Dayak Imarat and the when the Owner of the land and building can serve a notice to the tenant to vacat the place.
Anonymous
14 July 2010 at 12:31
hello,
i wanna know is it important to take a licensee to keep paying guest in the house if owner also stay in the same house ? we do other legall formalities like making agreement of 11 months getting police verification and also pay society non occupancy charges, but still some body raise this question to us , in meeting that we dnt have licensee and hence we r doing it illegal think. so pls guide me for the same , i amd my mom stay in 1bhk flat and we keep paying guest in bedroom.
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