arun bansal
29 April 2010 at 00:40
where the def'dant objected stronglly by submitted written arguments and oral argument before the ADJ in app OVI r17 but the ADJ disposed the application by allowing the application of p'tiff.
later the def'dant found in order sheet that the order stated on joint request of allowing the appication the judge allow the same.
whether any action in civil law against such action of ADJ
Anonymous
28 April 2010 at 21:27
Pl urgently advice Sirs,
Tenant (Pet) has filed a IA petition to deposit rents in the court as the DD was returned by the defendant(owner).
Firstly, The DD was insufficient rent on the other hand it was sent on incorrect name thereby the bankers on tech grounds rejected to clear the same.The same DD was returned to the pet but the pet refused to receive the cover sent by RPAD.
Previously the DD even though insufficient was with drawn as the defendant is old 67 yrs. unemployed person and was depended entirely on the rent with no other source of income.To harass the owner, the tenant is not paying rents at all on the pretext of IA.
Since 1 year the tenant is not paying rent nor has deposited in court as the IA for depositing in court is still pending.
The defendant in beginning i.e., the first rent received by DD intimated the tenant by telegram to pay full rent, which the tenant failed to do so.
The def is penniless and is trying to find it hard to sustain. Is there any provision in CPC to direct the petitioner to immediately deposit the rents? pendig the IA filed?
and
is it sufficient that the def has informed in the initial stage to pay full rent and there by legally claim them. The pet has forged rental receipts to under value it by more than half the value.
In case forgery is proved can the def stand to claim rents as intimated by telegram?
Pl advice as matter is urgent.
sincerely
Anonymous
28 April 2010 at 17:40
There was a company called Yescube Infrastructure Limited who had come up with a plan of construction in Dombivali, and in Nerul with the Down payment of some amount and the rest amount can be paid in EMI by Post Dated cheques. The plan was for 4 buildings i.e. A, B, C, and D. At the time of booking of flats D’s construction was going on. Now they have runaway with all the money and are absconding. Now all the flat buyers are came together and are thinking for the forming of society and to start the work of the building. The land is on the name of the owner of YIL. What are the legalities which will have to face by the flat buyers and what formalities and legalities need to be done by the buyers. Kindly guide on the same on urgently.
Vinit J
28 April 2010 at 16:02
Hi,
I am Vinit here. I have some question/doubt regarding the Succession certificate and Will.
1. I have heard that after getting succession certificate (or during the process of getting it), we have to pay the court fee/stamp duty based on the property/asset price. Can someone give me clarity how much it is in Maharashtra state for physical asset? How much is the stamp duty which needs to be paid to get the assets transferred on heirs name?
2. If a person dies after making a will (So no need of getting succession certificate). I want to know Does his heirs has to pay such court fee / Stamp duty to transfer the assets?
Thanks
pratik
28 April 2010 at 15:39
1) Meaning of impressed stamp & Adhesive stamp there uses & which one is most imp.
2)What do u mean by miscellaneous proceedings as per cpc, 1908 section 141 .With the example.
3)As per section 60 of the CPC Civil Procedure code, 1908 says which values or assets are not liable for the attachment that method should be followed by the officer under the income tax act, 1961 so why CPC orders form 1 to 50 cannot apply to the income tax proceedings which is between the A.O. or any higher authority of it. Why?
Thanks In advance.
Amandeep Singh
28 April 2010 at 14:23
Sir
As per our compromise with the third party we had to pay amount of Rs.549000/- out of the sale proceeds of our property which was to be sold within 6 months of the deed.As we were unable to sell the same property and the other person is demanding interest cost @18% pa.Pls send me any supreme court judgement for waiver of such cost as the payment becomes due only on the sale of the property and not on the date mentioned in the compromise.....
raghavendra
28 April 2010 at 14:10
sir,
1, can you provide me what are the documents are necessary to purchase the property.
2. what are the documents are require to take property or land or building on lease ? and is registration in mandatory ? what are the terms and conditions are required to insert ? kindly give me one draft of lease and rental agreement.
3. what is the differance between rent and lease, please give me one draft, and please exlain abut the validity.
4, is registration for rent or lease agreement is necessary?
5. is there any other mode of taking building on hire for running a bussiness?
this is relating to karantaka state please give me a advice.thank you
Anonymous
28 April 2010 at 13:51
Earlier posted in forum page. Satisfactory reply not received. Hence posted here.
S.36 of CPC reads, "The provisions of this Code relating to the execution of decrees shall so far as they are aplicable be deemed to apply to the execution of orders.
O.39 R 2A reads, "In the case of disobedience of order made under rule 1 or 2, the court making the order, may order the property of the person guilty of disobedience or breach to be attached and may also order such person to be detained in the civil person".
In view of S.36 is it not permissable for Executing Court to exercise powers under O.39 R2A?
Is the view correct, that the effect of O.39 R2A amounts to arrest and attachment before judgment and therefore executing court cannot exercise powers u/s 36?
In such cases is it necessary for the litigant to file an application under O.38 R1 or R5 for obtaining relief under O 39 R 2A
Anonymous
28 April 2010 at 13:38
Respected Experts,
There is a SLP pending before Supreme Court of India. In an application, filed by the petitioner, on 04-12-2009 the Hon'ble court made the following order"Post the application along with the SLP for hearing during summber vacations, 2010". And according to the said order the above said SLP has to be listed in summer vacation list. But the same was not posted. So now I want to do. I also requested my On record Advocate to see that it should be listed.
In such a situation, what we should do generally. I also sent a mail to the court's mail ID about not listing of the case.
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Writ Petition
We have filed writ petition in Mumbai High Court against an order passed by Sr Divn Court in Pune. The petition in high court is due for admission on 09.06.10. However in the lower court/ sr divn court in Pune the defendents are pressurising and asking the court to fix a date and give order on interim injunction (nishani 5) .The date fixed is 03.05.10. we are arguing that since the writ petition is filed in high court the lower court should stay the proceedings or wait for some time. Whether we can pray to the lower court that since the writ petition is filed in high court please give us adjuranment of date or stay the proceedings. Is there any provision in the act on this subject. Or any decided case law or judgement on the subject matter.
Kindly guide us urgently Since the date fixed by lower court is 03.05.10