KANDE VENKATESH GUPTA
14 February 2010 at 22:12
Whether the Co-Operative Tribunals or Registrars/Arbitrators under the Co-Operative Societies Act can set aside the sale deeds executed by the management of the society in favour of a member due to illegal allotment of a house plot? or it is mandatory to approach the Civil Court only seeking declaration and cancellation of sale deed? I am in need of the following judgments in respect of the above matter:
1996(4) ALD 612
2004 LAP 128
2009 TLPRE 293
If any body finds above Judgment, please mail me to the following address, for which act of kindness I shall be grateful to you, and undertake to pay the cost to send the same to me. Most urgent.
Thanks in advance,
K.VENKATESH GUPTA
ADVOCATE
H.No: 1-1-16/1/2/A
HYDERABAD- 500 020
ANDHRA PRADESH
venkateshgupta_kande@yahoo.co.in
Anonymous
14 February 2010 at 21:35
Hi All,
In a property litigation we are at the verge of filing a civil case against the builder.But my job requires me to urgently travel abroad for at least one year(not sure how long will be the assignment) for which i cannot say no as it would result in my termination as i am specially trained for that job. In this regard
1.Can i file the civil case while in india and contest it through my lawyer while i am abroad?
2.Is it necessary to appear in the in person at any point in time during the case?
3.Can i file civil case while i am abroad?
Please let me know
MANOR
14 February 2010 at 21:04
Dear Experts & Mebers,
1) A summon with following details is served, u/s - 138 N.I. Act. -
- - issued in mid.Dec.2009 by ACMM.
- - is 'hand-delivered' by a policeman (ID card shown on demand).
- - on dt.: 22nd.Jan.2010.
- - pertaining to a case No. CC -XXX- / 08 (of 2008).
- - Hearing dt.: March end 2010.
2) Only a photocopy was given of the orignal summon.
3) A senior family member was forced to accept the summon (on behalf of the
addressee) with a clear warning, that, if REFUSED, the same (summon) will be pasted
outside the house and based on this 'refusal' court will IMMEDIATELY issue NBW in
the name of the addressee.
4) Acknowlagement was taken on the ORIGNAL summon, saying that the same has
to be submitted back to the court -!!-.
5) Also, NO "Complaint Copy" was provided -!!-.
The person in who's name the summon is issued, was surprised to see the same,
when he returned home from the work. And to get to know the truth, some efforts
have been put, which are as follows:-
a) The above mentioned policeman was contacted at the police station & he merely
repeated the same, - that he is doing his duty & said, "go to the court - show this
case No. & get the details". Even an A.S.I., who was available at that time,
supported his junior.
(while the purpose of the visit was not solved, however, this visit proved that the
policeman is genuine.)
b) Contacted a lawyer & was shown the summon with a request to get the ' complaint
copy '. He wanted to be ' hired ' first by getting the " vakalatnama " signed. Hence, this
option was dropped.
c) Visited the specified court hall. A lady clerk, in the side room of the court hall,
was shown the summon & requested for ' complaint copy '.
Instead of replying to the request, very surprisingly, she suggested " WHY DONT YOU
"PAY" THE AMMOUNT to AVOID 'ALL THIS' -!!-"
The person who was sent to make enquiry told the lady clerk " Yes, even we want to
' Avoid All This ' , BUT for that we should KNOW - "WHO is ASKING the MONEY
& HOW MUCH - ??"
Lady clerk - " Go and SEE the LEGAL NOTICE sent by the party" -!!-
Our person - " Madam, No Legal Notice has been recd. prior to this summon "
Lady clerk (sarcastically) - " THEN COME ON the HEARING DATE - YOU WILL
KNOW EVERYTHING. I can't reply to 'thousands-of-people' like you -!!- ".
The person came back & narreted the above episode to the family members. Since
hearing dt. is still far away, it was decided to CONTINUE the FACT FINDING. Being
close family friends, the above facts were told to me & I thought of sharing the same
with LCI members & seek your advice -
What I would like to know is -
A) Even assuming that the case was filed in late 2008, WHY COURT HAS TAKEN SO
LONG to issue the summon-??- (issued in mid Dec.2009).
(Note - the addressee has been staying in the current address since 10 years &
hence there can be no reason for delay on that ground)
B) Is it not mandatory to attach a complaint copy with the summon -??-
(CPC-1908 / Order-V).
If yes, then can the summon be SIGNED & SENT BACK. Mark it - INCOMPLET
(or - DEFECTIVE, or - INVALID) & request to "Re-Serve WITH complaint copy".
Such move will show that the PERSON IS NOT AVOIDING THE LAW. Hence
court should NOT initiate any FURTHER LEGAL ACTION (such as issuing NBW) -
till a " DEFECT-FREE " summon is sent.
C) Time provided to respond is more than 100 days-!!- (dt. of issuing the
summon is mid.Dec.2009 & hearing dt. being March end 2010). Is it normal-??-
D) How to diffrentiate between a GENUINE & BOGUS summon.
It's my hunch that some weakness of the system or a legal loophole is being
exploited. I hope LCI Experts / Members will be able to provide an EFFECTIVE
MEANS to common man, to tackle such situation.
May I request your response ,dear experts & members.
Regards -
anshul sangal
14 February 2010 at 18:43
I want to know about restoration application in CPC AND when it is filed
anshul sangal
14 February 2010 at 18:41
What is affidavit and when it is filed before the court?
Gul Thadani
14 February 2010 at 16:12
Sir,
Thank u once again i think i have not put it in right way.
My grandmother had four children My Dad his elder brother and two sister. When she died she had made a will stating distribution of property in 1/4 share to each.Only in case of they sell the flat.
If not they can inlieu they give the money which my grand mother got from his brothers property, which was distributed equally among 5 people including my grandmother of which they the court document which i found.As the Abive said money was also a dispute case of the property of My grandmother younger brother who died with no children & wife who had expired earlier.
Now when my grandmother died she had mentioned in the will the equal share and also stating till my children are staying no one sell the flat.So this was tranferd on my Both aunts name and the nominee was my uncle.When my elder aunt expired who was first on the name and second my other aunt they didnt change the name.After which my father expired in 2007.So then my sister went to change they refused.
Now My other aunt also has expired.
So i am survived by my mom/2Sister/Wifeand son.
Now when i want the name to be change they are giving me all this answers so how do i go about to prove them that what they are saying is incorrect.
Gul Thadani
14 February 2010 at 13:31
Dear Mr Makkad,
I had spoken to the secretary of our society he is saying that my uncle who is the first nominee is the owner now.
Again i am describing the same
The Ownership was on My grandmother she died so according to her will the name got transfered on two anties.
Ms Ganga and second on Ms Dhami and the nominee was my uncle.
So what the secretary say in the event of death of My ms ganga aunty the nominee name is automatically goes ih her place.
When my dad was alive and also my aunt Ms dhami they didnt change the name as saying the nominee my uncle also sign the document. I am really confuse what to do as they are saying he has all the right on the property and society doesnt need to see any will which is family matter. Please advise
Anonymous
14 February 2010 at 12:56
If a litigant is unhappy with the Crossexamination of a witness more questions which were overlooked need to be asked, Can the witness be recalled for crossexamination again ?
What are the rules/conditions and reasons on which the witness can be recalled for re crossexamination ?
Anonymous
14 February 2010 at 12:36
hello all learned experts
i am plaintiff and lodged the suit for the viloaltion of the easmentary rights suit against the defendant meanwhile the application of the panchnama granted and meanwhile i gave application for the panchnama of the property of the defendant the said application was rejected by the lower court now i would like to proceed on wheter letter pattern will lie or revision in the high court pls inform
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