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.
ADV-JEEVAN PATIL, MUMBAI
23 January 2017 at 20:00
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.
Ayan
23 January 2017 at 13:00
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 ?
Ayan
23 January 2017 at 12:56
A Shop was given rent in 2005.
Agreement was 2005 to 2006.
Next years agreement was 2006-2007.
The agreement was not registered agreement.
Landlord never issue money recipt , he took rent by cash.
Dispute occure 2008 ,shop keeper denied to vacate shop ,land lord refused to
renewed agreement and stop received payment.
In 2009 ent , a money order with three month rent (may/june/july of 2009) came,
Land lord refused.Shop keeper are running shop still date , shopekkper demoralized
the old actual small shop and built bigger showroom in 2016 end without inform 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 begining (2005) ? On their verbal request
to assure pending rent , the 2006-2007 rent agreement was renewed ?
2)Shop keeper demoralised original shop (size mention in agreement with condition no alteration) ,
Now they build bigger size shoroom violating agreement .Will it be helpful to eveict shopkeeper?
3)Can I sent RTI to know any case/court order have issued by court on favour of shopkeper?
Does RTI revel court matter also ?
4)What will be stong ground for eviction , prove them defaulter or they have altered building ?
subhash chandra
23 January 2017 at 12:09
sir, we are five brother &one sister and my mother. my sister had married in 1980.
my father had died on 20.07.1997. After death of my father our agriculture land"s partition has been taken through court order in 11.08.2003. by name of five brothers and mothers names. In 2010 mother have sold her share to one son then our sister have filed a suite that she is a coparcerner in her fathers land and this sell deed is illegal and cancel it.
my question is
1. Is she has right under hindu succession Act 1956.? if yes then why amendment 2005 brought.
2. Is she has right under hindu succession Act 2005.?
3. should she resetting her share in revenue department through revenue court?
4. land situated in Rajasthan.
5. she brought suite in ADJ court.
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Early statement
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.