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gagandeepsingh.bagga   17 February 2010 at 16:42

Sign Board Right

Dear all,

I have filed a suit with a fact that my sign board area has been encroached by the neighbours so that i cnanot display my sign board on my roof. Moreover, they have also displayed their sign boards in an illegal manner i.e. more than 2.5 sq mtr without being a registered user.

Reagarding this a complain was filed to MCD.

Court has ordered that unless 2 months notice period is lapsed for MCD, court cannot do anything as its is statuory law.

My question is how can a person run a shop without a sign board and wait for 2 months notice tenure.

It clealry infringes the right of the plaintiff to run his shop.

Is there any remedy for this or any judgements which can be produced in front to the court and justice can be obtained for the plaintiff?

gopi ramesh   17 February 2010 at 14:57

civil case after 7 yrs

hi to all
i just got the summon for court to appear on xyz date in hyderabad after 7 years of the case, in 2003 i got stucked with on case of 420, 468,471 ipc while working with a reputed bank as car loan manager , where one of my dsa agent brought a fraud case which by mistake i had accepted and approved the loan , after word we found that it was complete fraud case, police caught them after my banker filed a case and they name me also a one of the accused A4 , we attended few sessions in court in yrs 2003 then told summon will issue then from that time till now there no movement on the case but no all of sudden the police men come and hand over a summon copy to attend the court , i dont now where is my lawyer and i hardly remember anything about the case,
what will happen in these type of case ?
can i pay some fine a move off from it ?
if case proceed will it stand strong against us?
can you explain in detail how to proced

mahendrakumar   17 February 2010 at 06:51

publishing details of a consumer case

Is it an offence to publish the details of a case under the consideration of a consumer court?

If so,who will be blamed :

a)the reporter/media

b} the complainant of the consumer case

Srinivas Velidanda   17 February 2010 at 00:45

Differences in Pattedar Passbook and Record of Rights

My father purchased land to an extent of 32guntas from one of my uncle in 1971 and they had

unregistered sale deed with couple of elderly persons as witnesses in the village. As the

time passed my father and our uncle who sold the property passed away without getting the

property registered.

My father constructed a house in the said land, also sold out part of the land and we were

in possession of the remaining land since 1971. Luckily after around 12 years we got some

betterment in our financial position and planned to construct shops as the place was

suitable for commercial development and were trying to get some bank loan.

That required the property to be registered etc. We approached our uncles sons, they were 4

brothers and the revenue records got updated by dividing the land purchased by my father

into 4 sub divisions. My father purchased land in Sy.No.428 and that got divided into

428/1/A,B,C and D. Randomly choosing one of them we took the pattedar passbook where 428/1/C

was listed and got that part registered on my name thinking the pattedar passbook is the

authorized document.

As registration got delayed because of non-availability of relevant person to register the

land, we got the money adjusted for construction alternately and the registration document

was lying with us without proceeding further to get that implemented in ROR.

After 6/7 years of registration we wanted to get that implemented in ROR as we were in need

of money for some other construction and applied to MRO for ROR implementation. After

roaming around the MRO office we finally came to know that the registration was not correct

as the property is on 2nd son's name and pattedar passbook for the same sub division was

issued on 3rd son's name and for that reason the property cannot be mutated onto my name as

per the registration document submitted.

Please advise me as what shall be done in this case. Registration was done by looking at

Pattedar Passbook, treating it as the evidence of ownership and we are in great loss because

the revenue officials are making our life miserable asking us to bribe them otherwise they

are trying to mislead us. MRO said that he has no powers to do anything about this and we

need appeal to RDO and get ROR implemented. Please reply as what can be done. I would like

to know whether Pattedar Passbook is that useless to simply ignore it as it was not correct,

if that was not correct then how can the registrar proceed registering the property based on

pattedar passbook.

1. Can we file a petition against Registrar and MRO for harrassing people with their

mistakes ?

2. Can we file a petition against revenue department for not taking necessary action keeping

the matter pending without any correspondence for more than a year after applying for

implementation of ROR, matter was kept pending as they were

Swami Sadashiva Brahmendra Sar   16 February 2010 at 18:43

Stranger party in Family settlement

Can an outsider be a party to a family settlement?

Swami Sadashiva Brahmendra Sar   16 February 2010 at 18:36

Or. 22 R 5 and Res Judicata

Whether decision on the issue of substitution of LRs of a party amounts to res judicata?

vincent gomez   16 February 2010 at 17:44

exparte decree setaside

A(2nd wife married under HMA), B(husband)got exparte divorce decree in the year 2009 by A, with no demand or charges against B, only ground of divorce that B was married earlier and had a living wife. B did not contest, and kept away from contesting the case, and in the end B got exparte divorce decree. In the meanwhile A got married with a new husband. B intends to get married in 2010 also, now the Question:-
1. Is this marriage of B is valid and legal, if B gets married in court of law and in society.
2. Can A set aside the decree obtained by court of law against B, to harass B at any point of time in future by A or A's assigns.
3. B has not seen nor heard about B's first married wife for over fourteen years or more.
4. Can B knock at the court of law's door to obtain divorce from B's first married wife even though B has not seen or heard from his first married wife for more than fourteen years or more, inspite of ceaseless effort to find or see B's first married wife. But rumours around are that B's first married wife is alive and around but avoiding B as she has left B about 14 years back due to reason best know to her.
My learned friend's reply is more than welcome to my other friends, so please help.

MSC Shekar   16 February 2010 at 15:47

District Registrar denial reg Authority to Adopt

District Registrar has a Secret Register (info known from authentic sources) named "Authority to Adopt". He repeatedly denies information from that particular register. It is further known from authentic sources that details regarding adoption after the executant's death is recorded in this register.

The above does not constitute general adoption it is special adoption with the interlocutory powers of the court.

Is there a alternative source (Court etc) where the information of the "Authority to Adopt" register is recorded.

Kindly advise

Arvind Singh Chauhan   16 February 2010 at 15:13

USE OF STAMP PAPER

Sir,

Can a stamp paper issued in one person's name, be used by another person with the consent of previous.?

Sridhar   16 February 2010 at 12:18

Execution Petition in State Consumer Forum

Dear All,
I recently posted many queries on this forum and i posting another one again as it seems all my worst fears have come true.

We(me and my wife) hold a decree(attached in this message) which directs the builder to register the property or refund the money in one years time as he was unable to register the same because of a high court stay order the property.After one year he started demanding huge amount of money as dues.Our first EP was dismissed based on the mere statement of the builder saying that he is ready to register the flat without even considering that high court stay order is still in force.

We filed a second EP and arguments have been concluded on 28/01/2010 and judge clearly stated in open court that "posted for orders on 15/02".Even the website was reflecting the stage of the case for 15/02 as "judgement" till 12/02.After that all of a sudden it has been changed back to "hearing".And y'day when my advocate questioned on why the status has changed when the case is posted for judgement, judge said "you don't need to worry lets argue the main matter".
We had argued the same matter again for the second time on 15/02(first time on 28/01).Here are few of questions on the same

1.Although the order is consensual,judge is asking why we didn't submit a memo saying we(both DH and JDR) agreed for it.Earlier order clearly indicates a consent order but doesnt explicity mention.
When no memo of any kind is asked,was it necessary to submit it for all consent orders?

2.When builder was questioned why didn't he challenge the decree when it has been passed in 2008 and why is making all these claims now, he said all these amounts were not discussed at that time and also he was not aware that court requires all the related dues to be discussed at once. Will the court listen to his stories?

Decree doesn't mention any thing about any other dues except for stamp duty but the fact is all the dues have been discussed which is evident from our complaint and his own sworn in affidavits.
My question is What if the court fails to notice the same and gives us another order mainly based on the decree and builders claims without looking into the actual complaint?

3. What are the alternatives for us to appeal/challenge this? Can we challenge the same in state forum or we need to file it in national forum or civil courts?

4.My advocate says that raising the point that Executing court have no jurisdiction to alter or amend the decree will adversely affect us as it depends on how the forum perceives it.Not sure what can be done here?

5.Even though there is a high court stay order on alienation of property,builder says he can register it.When we demanded document showing that high court stay order is vacated,forum said nothing is mentioned in the decree and so we are not entitled to ask the same from builder.
We want to bring to the notice of the forum that he cannot register.
What is the best remedy for this kind of situation.My advocate says only civil courts have jurisdiction.But in this case since we have already proceeded with consumer court,can we go back and file a civil case. Please suggest me

Regards
Sridhar