brijesh sharma
11 May 2017 at 20:54
Allahabad High court passed erroneous judgement dated 06.07.2016 in W.P. (C) No. 43400/2002. Against this judgement SLP civil No. 34506/2016 filed by me was dismissed limine on 02.12.2016. SLP Civil CC No. 4489/2017 filed by Government revert back to Allahabad High Court on 10.04.2017 to file Review Petition. My Review Petition 633/2017 against dismissal of SLP was dismissed on 11.04.2017. Government filed Review Petition in Allahabad High Court. In this erroneous judgement facts and thematically calculation are also wrong.
Please tell (1). my dismissed SLP will treated as decided on merit?
(2) if Government's Review Petition dismissed in Allahabad high court, what remedy is left for me?
Sadanand B. Panchal
11 May 2017 at 16:24
Respected Experts,
There is Suit X of 2016 instituted by Housing Cooperative Society against Mumbai Municipal Corporation before the City Civil Court praying for restraining Notice U/s. 53 (1) of MRTP Act issued for illegal construction of building. Suit filed falsely pleading that said Society is owner of entire plot where I am residing at same plot being one of co-owner of the plot. In Suit said Society taken out Notice of Motion praying for ad-interim injunction in terms of prayers in Suit. It was surprised that said draft Notice of Motion was filed before Hon'ble Court on 17.11.2016 in morning session- the first Hon'ble judge of Hon'ble Court granted leave to register same- on same day at afternoon session the registered Notice of Motion was tendered and the Hon'ble Court made absolute the Notice of Motion recording that Advocate for MMC was not pressed the matter nor filed any Reply. I came to the knowledge of fact that the Society filed said Suit without adding me party despite my Suit Y of 2011 pending before same Court against the Society and MMC Defendants Nos. 1 and 2. The first Hon'ble Judge was vacated post and second Hon'ble Judge presided in same Court. Therefore on 01.02.2017, I took out Chamber Summons for adding me party in said Suit X of 2016 and the Hon'ble Court granted leave to register Chamber Summons. I stated in Affidavit that the Notice of Motion was made absolute in Roznama without any oral Order and in single day. On 07.01.2017 on my request the Shirastedaar of Court returned draft Chamber Summons to me for registration.
It was surprising that without notice to me on 23.02.2017 the Advocates for Defendant MMC taken on Board the disposed off Notice of Motion and filed simple Application Ex-5 without affirmation and prayed for restoration. The Hon'ble Court passed Order restoring the Notice of Motion and recording that “However ad-interim reliefs will operate till disposal of Suit”. It was further surprising that again the suit is kept in morning session for Writ of Summons on 23.03.2017. I remained present before Hon'ble Court in afternoon session for my Chamber Summons, Plaintiff in morning session already taken adjournment on 31.08.2017 and gone away.
My query is
(1) that in pendency of Chamber Summons for adding party parties of suit, can Defendant file any application for restoration of disposed of Notice of Motion?
(2) Once Notice of Motion disposed off, can same Court have power to restore it without any Notice of Motion for restoration?
(3) After laps of three months from date of disposal of Notice of Motion, can court allow application for restoration without any Delay of condonation Application?
I am appearing in Hon'ble Court for the above matter as party in person. Kindly resolve my Queries.
Thanks.
Ramya
11 May 2017 at 12:05
My grandmother borrowed loans from a neighbour o for my fathers business. The lady charged 10% per month as interest. When we were not able to pay the interest due to business losses after two years the lady made her get another loan to pay the interest. This got accumulated to around 10 laks over years and we are unable to pay the interest now. She was also made to join the chit fund that this lady ran to pay off the debts. We told her we would pay the principal amount as 1 lakh at a time when we would get money. The matured amount from the chits and other money which we gave for paying off the principal she started reducing it from interest rather than the principal as accepted. Every day she is now calling my grandmother for atleast 10 times and verbally abuse her. She is demanding 30 lakhs back with the principal and the interest. Grandma is a pensioner and gets 7000 pm she is paying the interest 16000 for two loans regularly till date with our help. She always calls her up to come and meet her daily at a park or on road and shout at her. Recently the ladys husband and daughter in law are also calling up and torture her mentally. We have already paid more than twice of the principal as interest so far. She does not have any agreements drawn and signed for this. But we have given one cheque two years back for one lakh as security. She is threatening to come to our home with goons if we do not pay up the money immediately. Kindly advise
ramchandra solanki
11 May 2017 at 11:10
Sir, I want to know that an central govt Employee applied in state autonomous body and he is selected for same post with retention of lien period of two years as well as with obtained of pay protection benefits. After confirmation his pay was reduced and fixed on minimum of the pay as per state govt rules. In this regards, employee objected for reducing of his pay as he was already given written condition for pay protection at the time of joining.But department reduced his pay on confirmation. At this stage, employee requested with written application that he should not be confirmed due to financial loss due to he has already applied lien extension for third year at his parent department. Now,his lien period can be extended for third year after confirmation or not. Becoz individual also given written condition of pay protection during the time of joining, but his pay was protected only for probation period (probation period) and after that individual facing great financial losses due to wrong commitment by autonomous body and In this regards, he suit a civil writ in honble high court, which in his prayer that his pay can be protected or abide this his lien period can be extended for third year, so that an option for reversion in parent department can be secured. At this stage autonomous body confirmed his services with reducing of his pay. Sir please intimate/guide us that at this situation his lien period can be extended for third year or pay benefits can be given through honble high court.
Please give us guideline according to justice or the case as may be, which was decided earlier in hon'ble high court.
Lallit Sharma
11 May 2017 at 10:29
Dear Sir,
Please Guide me , My father was adopted by one of our Relative . And My Father Cared both the parents (i.e. Adopter Parents & Birth Parents) till their last moments.Only My grand mother is present Today (among them)& Living with us ,she is original mother of my father. There is some property in rajasthan , which is registered with my father's Name & received the same from my father's Both the parent's (i.e. Adopter Parents & Original Parents). in short transferred from Adopter & Birth Parent's to my Father's name.
1.Can my father get rights in both Parent's assets or property?
2.Can we use or sale the property of Both parent's?
3. Sir in case if my father sells the property of Adoptee Parents, we have to provide identity card and identity card of my father shows name of original father yet we are selling the property of adoptee parents. in this case can we made an statement for identity prove in affidavit that both are(my Father) the same person.
for example:- name of the person is Sunil kumar
name of original father is Dinesh Kumar
and name of adoptee father is Ghanshyam.
now we are selling the property of Sh.Ghanshyam Ji and the all documents of my father are in name of original father (dinesh kumar). now problem is for the selling of property of adoptee father we have to provide an affidavit due to mismatch in identity card. Property dealers are saying that we should give an affidavit mentioning that original father and adoptee father both are the same person. but i am thinking that it is not legal as we are giving incorrect statement. i think it comes under 420. sir
it is request to you kindly advise me for the selling of property of adoptee parents , how should i prove my identity . we have no adoption documents but property is registered in the name of my father.
pl. provide me affidavit language which is best/beneficial for us in terms of law.
Please advise us , we will be very thankful to you.
Thankyou Verymuch.
Lallit Sharma
11 May 2017 at 10:05
Dear Sir,
Please Guide me , My father was adopted by one of our Relative . And My Father Cared both the parents (i.e. Adopter Parents & Birth Parents) till their last moments.Only My grand mother is present Today (among them)& Living with us ,she is original mother of my father. There is some property in rajasthan , which is registered with my father's Name & received the same from my father's Both the parent's (i.e. Adopter Parents & Original Parents). in short transferred from Adopter & Birth Parent's to my Father's name.
1.Can my father get rights in both Parent's assets or property?
2.Can we use or sale the property of Both parent's?
Please advise us , we will be very thankful to you.
Thankyou Verymuch.
Sarab
10 May 2017 at 20:48
Hi Sir,
I am Sunil from Bengaluru and my mother stays with me.
My mother signed partition agreement ( stamp paper of Rs 100 but not registered/ notarized and no witness signed ) around 5 Years back for her deceased mother property in Kerala.
Now, she does not want to comply with the agreement as she feels that property is not divided equally and wants to get equal share of ( 1/6 th ) which her younger brother is not agreeing with as he wants 2/6th share.
Kindly advise if the agreement has any legal sanctity.
Thanks,
Sunil
CA SIDDARAMESHWARA GOWDA A
10 May 2017 at 18:29
Dear Experts,
my quarry is can Private Limited Company can buy agriculture land in the State of Andra Pradesh.
Thanks in advance.
PREET SRIVASTAVA
10 May 2017 at 16:01
I had filed a suit for specific performance. The defendant filed an Application for Rejection of my suit under Order VII. My lawyer has replied to all the points by simply stating "That the contents of the para... are wrong and denied. It is denied that.. (repeating the language used by the defendant)". I have the answers to all the points of the defendant, but my lawyer says that the onus is on him to prove the points that he has raised and therefore his reply is correct. Is this the correct way of replying. I fear that my suit might be set aside. Kindly revert.
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Suit simplicitor for injunction in 53 tp act without specific performemence
1) buyer filed a suit for under 53a TP Act with prayer for /temporory & Perpetual injuction. Court grants Temp Injuction.Seller Builder attended courts through advocate but not filed any reply & Proceeded Ex-Parte. and Ex parte evidnce was collected and after argument order reserved and court asked for clarificationsi Brief Summary a) Notory attested Agreement with posseseion witnessed by advocates done in 1999 after full and final payment. b) Cash Recipt on Revenue stamp was Given by seller. c) Seller on same day registred a WILL as Well As regsitred Power of Attorney in . Buyer told him to do registred sale deed after few days seller says few Govt permissions are need and assured will do later.Builder seller further collected extra money for permissions by Cheque and assured will adjust in STAMP purchase.But never came forward to execute sale deed . But after 15/16 years started thretening and even saying that he will disposes the buyer and may sell the space to some powerfull muscleman .Builder cancelled registred will WILL and POA in year 2016 though they were done after taking full money and even more in name of stamp duty & permissions. Buyer and seller(Builder) were close relatives so his assurances were belived.Buyer continued in possession till date and since 1999 have eelectricty , water metre , House tax in his name. Note : On above facts court asked verbally buyer why case for specific perfromence is not filed along with relief under 53a for injunction and wants specific ruling on maintenability of EX Parte Suits.
Your Exper advice will be Highly appreciated
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