Anonymous
29 March 2010 at 23:40
1.Plaintiff filed suit for declaration of ownership and permanent injunction.
2.Issue of jurisdiction and other issues are framed.
3.Suit is fixed for evidence.
4.PLAINTIFF moved application for trial of issue of jurisdiction(pecuniary)as preliminary contending that junior division do not have jurisdiction.
5.Plaintiff contention is that defendant has filed document on record showing market value of suit land as 15 lakhs
6.Whether it can be tried as preliminary issue because as per order XIV all issues are to be decided together
7. Please give citations if any
s.loganathan
29 March 2010 at 20:01
Sarfaesi 13(2) issued and subsequent possession u/s 13(4) taken by affixing notice. No paper publication of possession notice has been made within limitation. I am in the midst of filing my application before the DRT. Now, the Bank issues a 'Fresh Notice' u/s 13(2). The Bank has not withdrawn the first notice or have not re-conveyed possession of my property. Can the Bank issue a second notice when the limitation for my application before the DRT is still in force for me to get my property re-conveyed? Is it not some kind of lis pendence or circumvention of my fundamental rights?
Dushyant Pandya
29 March 2010 at 19:06
Respected experts,
What is a letters patent appeal?
Please advice/educate.
Neeraj Kaushal
29 March 2010 at 17:49
Sir,
i have filed a civil suit for permanent injunction against the defendant , court granted ex-parte stay order to me and restrained the respondent from raising any sort of construction on joint land till next date of hearing , but wife and son of respondent is doing the construction work , main respondent is out of station , i have filed application under order 39 rule 2 A of C.P.C in civil court and i have made party in application only son and wife of respondent,not main respondent , my problem is that my application under order 39 rule 2 A of CPC is maintainable if maintainable, is there any law of supreme court or High court of India regarding this matter.
Anonymous
29 March 2010 at 16:21
There are five plaintiffs in a suit. One of the plaintiffs has deceased. He has no heirs who are not already on record in the suit.
Is it necessary to delete his name from the record? If decree is passed in the suit after he is dead, but whilst he is still on record, what is the status of the decree?
Anonymous
29 March 2010 at 12:21
Dear sir/madam,
As all of are aware we are required to get one's marriage registred before the marriage registrar once a person gets married. but what in case of a divorce? is there any provision to get the registration of the marriage cancelled after one is divorced? how do we do it?
can i please be guided on the topic?
I do agree with all of your views that once a divorce takes place, the decree is in rem. but what if the other party tries to take undue advantage of the registration (marriage) certificate, as the certificate is not cancelled. the parties have to produce the divorce decree to show they are divorcees. but may be there can be misuse by the other party in getting passports, etc. so how to protect oneself from such misuse? even if a person is a divorcee, if the marriage certificate is not cancelled, there is a chance of misuse of that certificate.
Please clarify
Anonymous
29 March 2010 at 10:04
my father died before i was born 1948, we have agriculture property in delhi, some of property aquired by govt in 1960, my mother was illitrate, their, now after 50 years i got to know that 7000 sq yard of my land was not aquired by any govt dept, was still on my name in revenue registers in jamabandi & girdawari, but land was encroached by varios govt agencies MCD & rehabilitation dept, a group housing society, DDA , i have confirmed from all deparmnts, land was not aquaried ,what can i do now ? can i get my land back ? or can i get any compensation?
also i want to know now can i claim for an alternate plot in lui of my aquired land ?
Anonymous
28 March 2010 at 19:40
Dear Sir,
I have immovable prpoerty situated in a urban area in which one person encroached to the extent of 40 Sq.Mtr. The said encroacher mutated said land in his name on property card. Now please tell me which suit can I institute against the encroacher.Please give me the detail procedure.
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Where to file application for action under Sarfaesi 13(4)?
I fall within the territorial jurisdiction of DRT Madurai. A lot of lapses and lacuna on the part of Bank as to cause & mandatory procedure. I am being confused by many that I can file my 'application' before the DRT Madurai. An application does not need any deposit. The DRT Madurai website on FAQs clearly states as :
"Under SARFEASI Act, 2002 for actions taken by authorized officer, appeal/application lies with whom?.
For actions taken under sub-section (4) of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the authorised officer, an application shall lies to the Debts Recovery Tribunal - I, Chennai under section 17(1) of that Act."
Please throw some light on this. I have already engaged a person in Madurai to handle this case since I am from Trichy, and he is opined to file it in Madurai. There is a school of thought that holds Madurai DRT to issue stay on deposit of large amount. However, the situation is different in Chennai. My case has merit and the Bank has vitiated on many counts.