ramesh shinde
26 January 2017 at 23:36
We have a civil suit going and we have applied to the court to order defendants to answer the questions under interrogatories application... now the application was pending and the other party never gave its say... now the judge has commented the following on it..
-O-
No say filled hence Plaintiff is directed to take effective steps for proceding in the suit
Also note our case has been expedieted by higher court..
So what does that order means?
had she granted us permission to serve interrogatories on defendants or have asked us to forget the application and continue with the suit?
and if granted then can we serve them interrogatories via simple register AD we may file affidavit later.. ?
inderjeet
26 January 2017 at 17:57
I filed case against some high persons due to which I am forced to withdraw the case and also receive threaten calls. My advocate has left my case due to forced by the defendants. The defendants have not also submitted any reply. My query is that can I request the court for some early statement or witness of one defendant.
rajan chopra
26 January 2017 at 14:13
Sir in a summary suit u/o 37 CPC being filed by me the defendant through counsel filed an application for leave to defend the suit only and did not mention even a word that he wants to put an appearance in the suit and also did not file an address for service of notice upon him with his application as per sub rule 1 of rule 3 of order 37 CPC and also did not give notice of such appearance to plaintiff in person or by prepaid letter directed to the address of plaintiff as per sub rule 3 of rule 3 of order 37 CPC.The application of defendant has been allowed by Court by holding that the technicalities of law should not be made hurdle in. the dispensation of justice interse the parties to the suit.Now we want to file revision petition against the order of trial court and are these grounds sufficient to file revision petition u/s 115 CPC in Session court ?
desh deepak
25 January 2017 at 18:14
मेरा dob1956 है लेकिन मेरे हाइस्कूल प्रमाणपत्र में 1956 अंकित हो गया था जिसे बदलवाने का काफी प्रयास किया लेकिन विफल रहा। लेकिन मेरे पास उपस्थित अन्य डोक्युमेंट में यह 1957 है और मैंने नौकरी में जोइनिंग के समय 1957 दिया था जिसे उस समय मान लिया गया था। लेकिन बाद में(1991)मुझसे हाइस्कूल प्रमाणपत्र देने को कहाँ गया उस समय इसे बदलकर 1956 कर दिया गया।
इसको लेकर मैंने CAT में एक याचिका दाखिल किया था जिसे हाल ही में CAT ने निरस्त कर दिया। क्या इस सिलसिले में दोबारा CAT में रिव्यु दाखिल करने से कोई फायदा मिलेगा? आगे इसे लेकर क्या कदम उठाना चाहिए?
gurudath
25 January 2017 at 17:34
Sir,
Question before the court was:
Under Mines an Minerals(Development & Regulations) Act, if the Letter of intent for Mining Lease be issued by the State Government only after taking the approval of Central Government.
Regards
Gurudath
yogesh
25 January 2017 at 07:32
i am owner a shop stitud in gzb-up , it was let on rent to, i have suit file , and in my faveor, the order is evictie of shop, and pay to rent, but that my rent amount is rs-5,00,000/- i recover the rent , file excution , excution fee is about rs=40000-50000/- deposited in the cour fees, but my positin is not pay rs-40000-50000/- cort @ advocate fees, so i wiil do . i have no work ianm a senerior citizn my age is 65 year, can i deposited the court stamp duty after recover the pession &payment please help me
Ripudaman
24 January 2017 at 17:09
A ad -interim injunction was given under rule 39 Rule 1 & 2 on 10 Mar 2016 and parties were directed to maintain status quo qua nature, construction possession and alienation on on a disupted joint plot. The respondents have completed construction despite stay order and one respondent is practicing lawyer occupied his portion in Oct 186 and other brother occupied his portion on 23 Jan 17. Proper orders have yet to be issued.
What are the option for petitioner , does it take so long for proper stay orders and that has been illegally constructed and occupied also.
L&L Agreement motorized. On Expiry licensee demanded deposit of Rs.1.5lakh. Licensee retained his machinery & locked room until return of deposit. Licencor brokeopenlock & put his own. Complaint lodged. He promised on stamp paper to give. but did not gave for 3 years. Legal Notice is again being sent by Regd. Post to keep the claim alive to file complaint/case in courts.
1) Is it possible to file cheating complaint
and/or Summery suit under O.37.
2) Agreement is not Registered.
Your Suggestions will consolidate my action.
A Shop was given rent in 2005.
Agreement was 2005 to 2006.
Next years agreement was 2006-2007.
The agreement was not registered agreement.
No further agreement was made.
Landlord never issue money receipt , he took rent by cash.
Dispute occur in 2008 related to increase rent , shop keeper denied to vacate shop ,land lord refused to renewed agreement and stop received payment.
In 2009 end , a money single order with three month rent (may/june/july of 2009) came,
Land lord refused. After that no money order came during last 8 years. Shop keeper are running shop still date , shopkeeper demoralized the old actual small shop and built bigger showroom in 2016 without informing land lord.
Land lord does not know , shop keeper paying their rent to any Rend Control or not .
My Question is
1)Can it be claim that shop keeper has not paid from the beginning (2005) ? On their verbal request to assure pending rent , the 2006-2007 rent agreement was renewed ?
2)Shop keeper demoralized original shop (size mention in agreement with condition no alteration) ,Now they build bigger size showroom violating agreement .Will it be helpful to evict shopkeeper?
3)Can I sent RTI to know any case/court order have issued by court on favor of shopkeeper ? Does RTI revel court matter also ?
4)What will be strong ground for eviction , prove them defaulter or they have altered building ?
5)This is the final situation .No other clause is there. Every prove is with landlord .
This ground , land lord can win the case or not ?
Court aided possession
Dear Experts
We are a group of buyers currently in a case with a prominent builder in the NCDRC. The case is going on in the NCDRC since the last 2 years and arguments hopefully will be starting in the next couple of months. Currently none of the legal members have taken possession as there are significant deficiencies in the Project and inflated demands being made by the Builder. Though the builder has offered the possession in 2014 conditions have not improved and most of the solutions are only in the nature of a stop gap arrangement. Please need your advance on the below.
Should we go in for a court aided possession at this stage and how would it affect the outcome of the case going forward or possession should be avoided right now
Thanks