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Anonymous   02 May 2023 at 19:48

Trustee - perpetual injunction

I have lent Rs XXXXX to my friend on trust ( good faith- no agreement ) to start a business. With my money he has purchased a shop in his name, although I am running business there with my personal.

Now my friend send a property dealer to sell the shop & forfeit my money.

Can I approach court for perpetual injunction u/s 38 of specific relief act considering my friend as my trustee.

Nidhin M   02 May 2023 at 19:11

Mental health assessment

My mother's sister has been staying with us for the past 50 years. She is unmarried and 75 years old. Recently she left our house and started staying with a lady(40 years old) who is completely unrelated to our family. My mother's sister was showing some signs of mental issues before leaving our house. We had many times tried to get her examined by a psychiatrist before she left our house but she was not ready to co-operate with us. She was taking some anti-depressant medicine before leaving our house. We believe that she is suffering from some mental illness that is the reason she left our house. The lady with whom she is living is now interested in grabbing land in her name and she will definitely leave my mother's sister to the streets after grabbing her properties. This lady was not allowing us to see our aunty.

We approached Chief Judicial Magistrate in my district and filed an application under section 101(3) of mental health care act and Magistrate ordered for mental health assessment of my aunty. But this lady is not willing to take her for assessment as ordered by CJM. She informed the CJM she is filing an appeal against the order of CJM for mental health assessment.

My doubt is whether she can file an appeal in the District court or appeal lies only in High court..

Yuvanthi Kumar   30 April 2023 at 10:47

Criminal tresspass of my property

My brother is attempting a criminal Tresspass to my property let out to a tenant who is planning to vacate next week. I have a valid rental agreement with tenant. Also there is a civil suit pending in court regarding this property. The property is still under bank loan and being repaid by me. However the title is not transferred from my father who passed away 10 years back. Can I give a police complaint to stop criminal Tresspass? Also the tenant is joining hands with my brother..

MOHAMMED AHMED   28 April 2023 at 19:22

Appointment of commissioner

My prayer goes like this:
Based on the comprehensive response provided in Petitioner’s earlier statement to this OA, it is evident that there are numerous contested facts in this case. It is important to note that the very nature of this OA suggests fraudulent collaboration between the 1st Respondent/Applicant Bank and the 2nd Respondent/ 3rd Defendant Builder. The truth behind their actions became apparent during the Cross Examination of the PW1. It is crucial to acknowledge that the property in question has been unlawfully fortified by the 1st Respondent/Applicant Bnak, in collusion with the 2nd Respondent/3rd Defendant Builder. Their primary objective appears to be prolonging and creating legal disputes with the intent of pressuring the Petitioners into relinquishing their rights to the property.
5. The 1st Respondent/Applicant Bank illegally seized the property in August 2009 without following the appropriate legal procedures. The present OA was filed by the 1st Respondent/Applicant Bank in October 2011. Despite more than a decade has passed since the OA was filed, the status of the property remains unclear. Furthermore, the KG Marina Owners Association is not granting the Petitioners access to the area of the flat in the apartment, which has led to the Petitioner harboring doubts that the property may have already been liquidated.

6. It is therefore just and necessary in the principles of Natural Justice for this Hon’ble Tribunal to kindly permit the Petitioners/Defendants 1&2 in this case to undertake the following actions:

a) Appoint a commissioner to verify and ascertain the status of
the flat at xxxxxxxx, within the apartment premises.
b) Determine the name, address, and identity of the individual who
collected the original Sale Deed No:xxxxxxx from the records of
the Sub-Registrar Office (SRO).
c) Assess the present value of the flat through an Authorized
Government Valuer to determine its current worth.
These requests are vital to ensure a fair and just resolution of this case, adhering to the principles of Natural Justice.
Please guide can I file this IA in DRT

Anonymous   28 April 2023 at 11:48

Contempt proceeding against deceased

In a case, The defendant was ordered by the court to pay a rent of Rs 30K to the petitioner, and on default, contempt proceedings can be initiated by the Petitioner. Now for the last 5 years, the defendant paid the rent to the petitioner. Now defendant died. As per the decree, the petitioner has a right to file contempt proceedings against the defendant. But the defendant is deceased. Can the petitioner file this suit against the legal heir of the defendant?

Now, if the petitioner files the suit, does he need to move an application for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE?

I am confused by the fact that 1) No suit can be filed against a dead man 2) If we add a legal heir then does the application need to be filed for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE - What I Understand is Order XXII is applicable when a party dies during the pendency of the suit. But in this case, the suit is disposed of, however, the defendant in his death is violating the order of the court and the contempt suit that which the petitioner is willing to file is not an ongoing suit. It is a fresh suit.

Anonymous   27 April 2023 at 17:11

Car loan agreement - bank fraud

I have availed a car loan from a bank and have a legal agreement in place wherein the dealer shall deliver the vehicle. Since there was a waiting period for the car, the bank has credited the dealer prior to the delivery during the waiting period. Subsequently, the car company cancelled the dealership of the dealer and now the dealer has shut down his showroom. The bank is now following up on the EMIs wherein i did not receive the delivery of the vehicle. It may also be noted that the dealer was acting as a channel partner with the bank and as per the agreement between the bank and the dealer, in case of non delivery of vehicle on disbursement, the bank has the right to receive the amount disbursed or adjust the same from any future payments to be made by the bank to the dealer (channel partner).

When the bank should have collected the money from the dealer , can it force me to collect the loan amount when the same was disbursed directly into the account of the dealer (channel partner of the bank). ?

Anonymous   26 April 2023 at 16:54

False claim made by vendor for nonn availed services

We have Taken Cloud Services From a Company, in the month of july 22. But We had Requested Cancellation of the same on 7th Nov. 2022. Since Then we have not availed their services, Thee Company Has Raised Invoice to Us For the Month of Nov & 31st DEC. 22

Now They have send us a legal notice asking for Payment on Invoice For Services which we have not Taken From them,

What is the legal course of Action i should take.

Anonymous   25 April 2023 at 22:18

Can registered rent agreement be modified orally

Can the terms & conditions of a registered rent agreement be modified orally or is it necessary to get the "modified deed" registered too?

Anonymous   25 April 2023 at 22:15

Time limit for filing rejoinder cpc

Is there any strict time limit for filing of rejoinder to reply filed by defendant as per provisions of CPC?

Anonymous   25 April 2023 at 19:24

Benami property - is injunction possible ?

During live in relation ( five years ) with my partner, on good faith I have lent him money on verbal promise to return. With the money he has purchased a property in his name at very good location for business purpose, so that he make money double within few years.

I have filed a money suit in competent court against him since refused to return my money & repeatedly try to ousting me from possession by force with muscle power.

Is live in relation for five years can we treat as spouse ? I have heated Supreme Court had considered long time live in partners as married.

I have heard as per Benami Property Act spouce is never been considered as benamider.

Can I file declaration suit for the property in my procession considering our relationship as spouse ??

I am helpless lady, please advise.

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