Anonymous
12 January 2010 at 09:36
i wanted help..please help me
one accident took place and in that accident two vehicles were involved one is Motorcycle duly insured and one Honda City Car also insured, now the problem in that the person who was riding the motorcycle is died and offence is registered against him by the Police, and since the offence is registered against him he cannot claim compensation by filing claim petition, since offence is registered against him by showing he was rash and negligent, can claim petition in this case be filed only under section 163A of Motor Vehicle Act?
if yes then please brief me as regards to that.
Anonymous
11 January 2010 at 15:37
want to know to what extent the R.T.I. Act is applicable to NGO.what is substantially financed? which information to be given?
Anonymous
11 January 2010 at 14:55
whether it is mandatory to submit the valuation certificate issued by the subregistrar in the court? and 2 different court fee shall be paid for injuction and title over the suit schedule, which is government land?
shrikant chede
11 January 2010 at 14:29
in which court the arbitration award can challanged
Anonymous
11 January 2010 at 14:19
I filed a suit for recovery of money on the basis of a Promissory Note against “A” and the suit amount involves in this case is nearly 30 to 35 lakhs and also the age of the Defendant is nearly 60 years right now So that it is not possible to get an arrest warrant, even after passing the decree. He is not a Government servant and simply he is doing small business/commission agent. As per my knowledge, no immovable property is stands on his name. His house also stands in her wife’s name. Further he purchased some lands on his daughter’s name, whereas his daughter has no income and she is unmarried. Now I want to take an attachment(ABJ) on the said lands. (The daughter is not a party to the above suit) Except taking an attachment order, I have no way to recover the money. Hence plz. clarify that
1. Is it possible to take any attachment on his daughter’s property? If so how?
2. In case, if she proves that the lands purchased through her own source of income. What I would do?
So at this juncture,I have no option to get an attachment on his daughter's property. I think, even if i file a petition to that effect, definetely her daughter will come to court and she may defend on her behalf.If that situation comes, there is every chance to settle the issue. So plz.suggest me suitably.
Anonymous
11 January 2010 at 14:09
Respected Experts,
As I want to know about maintainablity of a Review Petition in my case, I am hereby furnishing the details briefly:-
After obtaining a compromise decree (obtained in a suit filed for Specific Performance of an un registered Agreement of Sale), I approached Mandal Revenue Officer of the concerned, for regularization of an alienation. Basing on the said court decree, the MRO passed orders in my favour. As against the said orders, the other parties preferred a revision before the appellate authority (Revenue Divisional Officer) and the same was dismissed. Again the other party preferred a Revision Petition before the Joint Collector, which was also dismissed and confirmed the orders of MRO. Again the other parties have filed a Writ Petition before the High Court and the same was also dismissed. Again the other parties preferred a Writ Appeal before the Division Bench.
The plea of the other party is that (1) no notice was served on them (2) The said compromise decree remains un executed through court. (3) there was no transfer or alienation of the properties are effected, as per an Agreement of Sale and hence the DHR is not an occupant.
The Division Bench while passing the orders has quashed all the orders passed below authorities stating that the DHR is not an occupant and hence there was no alienation or transfer was effected on the basis of an Agreement of sale.
So simply, the Division Bench has quashed all the orders and there is no comment on my rights as against the said properties. Since the order it self is silent about my rights, what I have to do to get my rights and what about my rights.
So in these circumstances, shall I have right to file a Review Petition before the Division Bench about my rights.
So plz.clarity.
Raghav Sood
10 January 2010 at 22:04
to all Ld friends my query is that i am dealing with a case
facts are: -
A in the year 1970 has filed a suit for reedemption against B
consequently the suit was decrred and the the Court in the year 1974 has passed preliminary decree of possession in favour of A and thereafter A has deposited the mortage money and the decree was made final on 20-6-1974. However the A has not applied for execution of final decree nor he got the possession as he has not applied for the same
The revenue record shows the B as in possession as morgage uptill date as wel B is in possession
thereafter the LR'S of A in the year 1996 has filed suit for declaration that they are owners in possession of the land in question and the entries in the revenue record are wrong illegal void in the Civil Court on the basis of that decree (1974)and B resisted the suit being not maintable as the it is hopelessly time barred secondly on the ground that A wanst to enforce the decree via suit which is not maintainble On the other hand it is also correct that limitation only bars the remedy but doesnt estingushes the right its only in ART 65 of Limitation but the previous counsel has not taken the plea of adverse possession
Can LR's A get the declaration from Civil Court
Waiting for esteemed suggestions of experts
Anonymous
10 January 2010 at 18:52
can a judge pass a stay order merely by application filed by party to stop the construction on the basis of section 39 A. without hearing the opposite party.?
suresh jakhotiya
10 January 2010 at 00:45
Dear Sirs
A,B,C &D (4) persons guaranteed a CC limit against hypothication for 9.90 lacs in 1989.
D withdrew immediately within 10 months of signing the guarantee from company.
Bank then enhanced the limt to 18 lacs in 1992 with guarantee from A,B,C of the old and a new guarantor E. Admittedly D did not sign this .
Company went NPA shortly and Bank took hypothicated goods worth 12 lacs in possetion & filed suit against all GuarantorsA,B,C,D &E (5) guarantors for Rs 22 lacs with interest.Defendents included D ,the one who signed for 9.90 lacs.
Court held that D is responsible upto 9.90 lacs only.
12 lacs value of goods in possession of bank be appropriated for all the defenders and decree for 10 lacs (the balance) was passed against all (5)A,B,C,D & E saying that Balance after Set off is equal to the sum guranteed by D also
Sir, My question is whether any case law or Citation can support my thinking that while appropriating 12 Lacs,court should have satisfied the first limit of 9.90 lacs & then the balance against Enhanced limit. and D should have been deemed to have satisfied his Guarantee of 9.90 lacs.
Pl. provide some Case Laws /Citations & suggest How D should proceed as he can not go in appeal to DRAT for his inabilty to make a deposit.
Thanks & best Regards
Suresh
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
cancellation of registered property
mother has registered his property to his children for 75000 rs and whether shecan cancell the registration of property,