Anonymous
09 January 2010 at 01:05
Respected Experts,
I was plaintiff in a Title Suit (filed at Hon’ble Subordinate Judge), which was also for recovery of possession through process of the court. Judgment passed in my favour. After six months of judgment, I filed for execution suit (notice has not been served yet but will be served shortly). Which is pending in the court? Opposite party (judgment debtor) have not filed appeal till now (9 months are over). Recently when we were out of town, they (Opposite party) have done some construction (Raised an enclosure wall) on the suit land. Now will this construction has any effect on execution? Should I inform the court about this construction? What else should I do? Thanks to all.
DK SHANKAR
08 January 2010 at 23:03
Dear experts,
Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grevious injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded aound 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the lorry insurance company. If the court consider the case of hit and run case then also compensation will be less.
Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
shrikant chede
08 January 2010 at 20:51
respected sir,
one sms co ltd approches hon ble high court under sec 11 of arbitration Act 1986 for seeking direction for appoinment of arbitrator ,but msedcl file pursis before hon ble high court that they will appoint arbitrator as per condition present in tender document ,accordingly msedcl appoint arbitrator, arbitration proceeding commence ,whether the arbitration award passed in above proceeding can we challange ,if yes to which court pls learned member send immidiate reply
Anonymous
08 January 2010 at 17:05
I filed a suit for recovery of money on the basis of a Promissory Note against “A” which is pending. 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. 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?
Anonymous
08 January 2010 at 16:46
sir,
my mother own a plot adajcent to co operative society which has built its first floor 2yr back. now when we started building on our plot after getting maps n evrything cleared from the municipal commettie and town planning department co operative socity has filed a case against us,municipal commettie,town planning to stop us from constructionsaying that their sunlight n air will b blocked by our wall. we have taken loan for the construction . kindly tell me how should we proceed . we r constructing as per approved plan n given go ahead my municipal commeite still co operative socity is harrasing us by filing the courtcase.
Anonymous
08 January 2010 at 16:02
On which circumstances, the Review petition is maintainable, as against the orders of a court.
Arunkumar R
08 January 2010 at 15:18
Sirs. I own a property that I wish to transfer to my mother through settlement/Gift Deed. I am reluctant due to this background. In 1998, My Mother had co-borrowed a sum of 50K along with my father from a lender. In 2003 we settled the principal asking for a small waive off of left over interest citing our financial losses. The lender agreed to the same though he never returned the bond.In 2004 when i purchased this property the lender came to know this and tried to pursue the case again through police. The police after listening from either side asked to pursue this in the court , after this the lender left the case dead right there.
I went to registrar office to create the settlement deed. The persons there told us that if there are unsettled financial claims or loans on my mothers name , the lenders could file a case attaching the property in the court once they know that this property is transferred to my mothers name. They asked us to ensure clarity on this. They also mentioned they could give life to the old bonds by creating money received entries in the paper citing latest dates. Could someone pls advise if these are still possible. Could someone advise if I could still transfer the property on my mothers name in such a situation how do we save the property if in future a case is filed after the property transfer.
Paritosh
08 January 2010 at 13:29
Dear all,
actually my query is regarding a will.actually the matter is that a will was prepared in Aug 1997 and death of testator was on sept-1997(health condition was not very good) from 1997 this will has not been in the effect or not shown any one till 2008. how we can challenge this will and how can we put it in under doubt in court.is it possible or not?if possible pl provide me any previous judgment regarding this or any act to refer this mater.pl reply soon.
vinod kumar singh
08 January 2010 at 11:06
I want to purchase a premises of which Rent Reciept is in name of Pvt Ltd. Comany.
in view of that i am taking over the company by purchsaseing the shares of compnay in my name. Rent receipt shall be contiune in the name of original name only.
in future, can Landlord sue that there is a trasfer of shares violate the provision of tenancy laws and can file eviction suit against purchaser.
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imponding of document
personal guarantee duly stamped on 1-1-1997 in favor of bank executed in Mumbai - bank at the time of signing the document did not put the date on document - on 1-10-2000 bank filed the case - bank putted date on document as 1-11-1997 to avoid defence of time barred(3 years) claim. u/s 52B of maharashtra stamp act, any stamp not used within 6 months is not a valid stamp. DRT on defence, ordered for imponding of the said document using power u/s 33.
now question are;
1. whether the document which is invalid u/s 52B of the Act can be impounded by court?
2. if court is right in using their power u/s 33, from which date the said document turned to be valid? i.e. from the original date of document or from the date of adjudication by the collector of stamps?
3. is there any specific provision under stamp act to renew/extend the validity of the duly stamped document after 6 months period as provided in sec. 52B?
4. relevant judgement in the above matter and advice for taking defence in the above matter.
an early opinion, reference and advice be highly appreciated.
thank you.