Arsshdeep
10 January 2009 at 10:32
Dear sir/madam
the house is in the name of my grandmother,she is planning to file a suit against me ,for me to leave the house.i am living with my parents and grandparents,i am unmarried.they want to take plea on the basis of being a senior citizen.
suit decreed.plaintiff filed review within limitation but not moved. Subsequently, the Defendant filed an appeal against the judgment and decree and obtained an order of stay of all further proceedings in suit.
I just want to know that
whether review can be moved at this stage?
does the stay of all further proceedings mean Execution proceedings only or it includes review also?
pls give opinion in this regard with citation if possible.
In an Execution proceeding,
The 4th Judgment Debtor was a surety in a money suit.
In proceedings some one undertook to file vakalath for him and he was set exparte and his salary was now attached.
Now 60 days gone after the day of attachment. What is the remedy available to him?
whether we can file caveat in writ and writ appeal
anand krishna
09 January 2009 at 09:42
Can a power agent act upon the power of attorney and register the properties given under such power even though the power is not registered?
NATARAJAN .R
09 January 2009 at 07:45
PLEASE CONFIRM WHETHER AN AWARD UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PASSED AT CHENNAI BY A SOLE ARBITRATOR CAN BE TRANSMITTED UNDER ORDER 21 RULE 5 C.P.C.TO A DISTRICT MUNSIF'S COURT OR A SUBORDINATE JUDGE'S COURT FOR EXECUTION OR WHETHER THE AWARD HAS TO BE TRANSMITTED TO A PRINCIPAL CIVIL COURT I.E., DISTRICT JUDGE OF THE RESPECTIVE DISTRICT WHERE EXECUTION IS SOUGHT. I SHALL BE THANKFUL IF MY QUERY IS ANSWERED. ANY CASE LAW ON THE CAPTIONED SUBJECT IS MOST WELCOME.
WITH REGARDS.
R. NATARAJAN.
(natarajan_ohm@yahoo.com)
In the Mandatory injunction case plaintiff files a suit for possession and restraining defendant for entering in the suit property.
1)In this case defendant in the year 1994 surrender there rights and get consideration from plaintiff.
2)Surrender deed also register in register office and also signed by the defendant.
3)Suit property is in name of defendants husband and all taxes regarding suit property has been paid by the plaintiff himself and under shop act the ownership is in the name of plaintiff?
4)After that defendant denied this document from the year 2000 again entering in suit property and claiming possession.
5)Whether defendant has a right to take possession of suit property?
6)Whether plaintiff can succeed in this case?
7)Any case laws regarding this matter plz.send.
Can a Joint Collector ( Office) refuses the information/show a file, on which he had negatived the claim of Owner ship of a land?(Here information was sought by a Third party.)
AS I know:RTI Act,includes the right to -
1. inspect works, documents, records.
2. take notes, extracts or certified copies of documents or records.
3. take certified samples of material.
4. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)].
Kindly The Learned forum Members to elucidate me in this regard please.
With regards...
My friend had filed complaint against a bank in 2001 in district consumer forum for repayment of fixed deposits, which were defrauded due to negligence of the bank officials. The complaint was dismissed in 2003. Friend expired in 2003. His wife came to know all these details in 2008. Will it be possible to file appeal in State Forum now, even when it is grossly time barred? Can delay be condoned by State Forum?
What is the other remedy. Bank is a natioalised bank. Can she file writ in High Court to get the amount. Amount with interest is nearly Rs.5.00 lacs.
Order 21 rule 90
In execution proceddings the immovable property (one residentce building)was sold in a public auction to the satisfy the decree in execution, before confirmation of sale one of the creditor of the judgement debtor filed sale setaside for the reasons is that Material irrugalarity and also stated that he entered a register sale agreement Northern portion and another entered into a register sale agreement southeren portion prior to the attachment after that he filed specific performance suit and exparte decreed and execution petiion is pending.
My question is that 3rd party can file a sale set aside petition o ground of raising material irregularity.
if No is there any judgement on that aspect, and also i need a copy of Judgement delivered by calcutta High Court and reported in Air 1927 Page 82 Culcutta high Court.