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ckanta   18 July 2018 at 22:58

Appeal against the order of single judge of high court

Dear experts,

we have filed first appeal u/s 96 CPC against the order of ADJ before High court and our appeal is dismissed by the high court now i want to know whether we need to move to DB of high court or we go under SLP and which one is better.
Also please tell the time limit to appeal before DB of the High court against single judge order.

Priyesh   16 July 2018 at 18:23

Time limit to file execution petition under cpc

Respected Lawyers,
I want to know the time limit to file execution petition under Civil Procedure Code. The Loan was N.P.A. in 2007 and Bank file a suit in Board of Nominees. The Bank won the case in the same year and Board of Nominees passed order in favor of Bank. Bank will file a execution petition in 2013 in civil court under CPC. Is there any time limit for filing execution petition or not?

partha saradhi   15 July 2018 at 18:56

Promisory note

Sir,
I have lent some money by executing promissory note by him. 3 years time passed but he did not repay the loan amount. How to revalidate the time bared promissory note.. please guide me.

Thank you.
yours sincerely,
T.Partha saradhi

MADHAN KUMAR S   15 July 2018 at 13:44

Tenant in business premises. ( for 20 years )

sir , i am from chennai. In 1998 my father entered into an legal rental agreement with subbulakshmi who is the owner of the Property. subbulakshmi doesn't have childrens.so, she adopted a son prakash as son as per law. In 2007 she tranfer the property to prakash as settlement . in 2007 my father again entered an rental agreement with Prakash. Prakash has two childrens one son and one daughter ...his son come and collects the rent every month..After property Transfer Prakash not taking care of Subbulakshmi...Due to no proper care she left to relations house. There she died...Even Prakash not attended the funeral or Buried the Dead body....In 2015 Prakash died. His son and daughter without asking us sold the property to somebody else. we are paying the rent every month regularly. we have not received any receipt for the rent paid. but last time we paid rent by dd and cheque only...Now we are Running business there we don't have any other business. My family's only income source is from the Textile showroom there. The Purchased person asked as to vacate the premises. What can we do?..We have filed a case in court. We are running business for 20 years .. How can we leave?...is court evict as immediately? or how long it takes court to evict as from the premises?...help me ....Is there is any law to Protect as tenant from the new landlord.

Anonymous   15 July 2018 at 00:05

Expert opinion on motar car

Myself Vinay Kumar Rastogi. I had purchased a alto car from Varanasi Maruti during December 2017. The motar car had few defects such as stopping problem above 100 kmph and came with defective headlights.

The same was mentioned to the service center at 1000 kms service. The service people wrote it down as general checkup but failed to resolve the problem.

I had met with accident due to light not working properly as an oncoming truck just missed me and I rode into a ditch. Car was severely damaged. The truck did not stop. I explained all this and claimed insurance. But insurance played game with car dealer and gave statement that there was no fault in the light.

I tried to trace the truck but could not. Poilce complaint was not useful as they could not trace the truck. The truck was the only witness who could see that suddenly the cars lights stopped working.

I filed a case in consumer court and the consumer court dismissed my complaint stating only one reason that I did not providde expert opinion.

The judge did not tell this when he took up the case or where the expert is avaialble .

If I he had told where expert is avaialble. I would have seeken his opinion.

WIthout telling whre such expert is how can the judge dismiss my case. He did not read my complaint at all.

To tell whether light is working or not eyes are required. The judge did not even see the motar car.

Where to find expert that also he has not told in the judgement.

In this csae how to go about expert opinion?

Anonymous   14 July 2018 at 23:13

Time limit to file summary suit and citation

we supplied material to one of our customer during year 2012 to 2015 by several invoices, customer has paid some as per invoice and som on account. he stop paying money after 3rd august 2015 .
we are MSE and we give case to our advocate and he suggested to root recovery through MSEFC under Samdhan act. he has send demand notice to customer in 2016 ,which was return undelivered with comments refused .
After that our advocate does not act and assured us that he is in touch with MSEFC ti file petition
In 2017 he file online petition which has been rejected by MSEFC with reason unknown .advocate filed complain with concern Ministry in may 2018 and reply was received by him from department in June 2018.

still he has not filed petition .

now the question is can summery suit limitation are from date of invoice or can we consider the time 3 year from last payment we received which is 3rd august 2015 .
since this the last transection with customer . can our summary suit are within time limit if we file is in a week time? because last payment received on 3rd August 2015.

need quick advise as time very little.
babulal mehta

Babulal Mehta   14 July 2018 at 23:03

Time limit to file summary suit and citation

we supplied material to one of our customer during year 2012 to 2015 by several into ices, customer has paid on account money and stop making payment after 3rd august 2015 . we are MSE and we give case to our advocate and he suggested to root recovery through MSEFC under samdhan act. he has send demand notice to customer in 2016 but after that advocate does not act and assured us that he is in touch with MSEFC .in 2017 he file online petition which has been rejected by MSEFC with reason unknown .advocte filed complain with concern ministry in may 2018 and reply was received by him from department in june 2018.

now the question is can summery suit limitation are from date of invoice or cab we consider the last payment we received as last transection. can our summary suit are within time limit if we file is in a week time? because last payment received on 3rd August 2015.

need quick advise as time very little.
babulal mehta

Rupayan Bhattacharya   14 July 2018 at 19:49

Transfer of ownership of a cooperative flat

My elder sister is a member of a cooperative housing society. She has chosen my younger son as nominee though she has a son of her own. The C.C. of the flat has not been granted yet. She wants to transfer the ownership of the flat to my son. What are the procedures?

Chaituguntur   14 July 2018 at 19:23

Insolvency

If an lic agent can do his profession even after filing insolvency petition and receive his income from that profession?.insolvent because of higher interests paid on principal and finally want to settle it .
debts 20lakhs and assets 10lakhs.

Anonymous   14 July 2018 at 18:14

Tenant in business premises.

sir , i am from chennai. In 1998 my father entered into an legal rental agreement with subbulakshmi who is the owner of the Property. subbulakshmi doesn't have childrens.so, she adopted a son prakash as son as per law. In 2007 she tranfer the property to prakash as settlement . in 2007 my father again entered an rental agreement with Prakash. Prakash has two childrens one son and one daughter ...his son come and collects the rent every month..After property Transfer Prakash not taking care of Subbulakshmi...Due to no proper care she left to relations house. There she died...Even Prakash not attended the funeral or Buried the Dead body....In 2015 Prakash died. His son and daughter without asking us sold the property to somebody else. we are paying the rent every month regularly. we have not received any receipt for the rent paid. but last time we paid rent by dd and cheque only...Now we are Running business there we don't have any other business. My family's only income source is from the Textile showroom there. The Purchased person asked as to vacate the premises. What can we do?..We have filed a case in court. We are running business for 20 years .. How can we leave?...is court evict as immediately? or how long it takes court to evict as from the premises?...help me ....Is there is any law to Protect as tenant from the new landlord.