LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mohan Krishan   02 September 2022 at 10:15


I need a very junior lawyer
to handle a few of my personal cases in civil and consumer forums in
delhi and gurgaon - basically I will be preparing etc and he will
provide some guidance, coordination etc. Will pay small fees as
a lumpsum or otherwise. If you can help me connect to some of them.
Thanks. Sharad.

Balaji Bakthavathsal   21 August 2022 at 13:05

Opposing restoration petition of an appeal suit

Dear Learned Lawyers,
I humbly request you to give your valuable guidance / suggestion in the following matter.
As some fraudsters attempted to grab our property with the help of some fake documents, we filed a civil suit in the lower court in the year 2010 seeking permanent injunction restraining the fraudsters against trespassing and mandatory injunction to the registrar for cancelling the fraudulent encumbrances made on our property. Since the respondents failed to appear before the court, the judge awarded an ex-parte judgment / decree in favour of us in the year 2016, granting the prayers sought by us. However, one of the respondent who is a mere power agent who obtained the Power of Attorney from another fraudster and whose power of attorney got cancelled by the fraudulent principal filed an appeal suit in the next appellate court immediately in the year 2016 itself and dragged the suit with the intention of of giving mental torture to us and thereby extorting money from us. We did not yield to expectation and patiently attended the case. However, the appellant did not appear in the court nor his counsel came forward to argue the case. After more than 6 long years, finally the appeal suit got dismissed by default by the appellate court as there was no representation from the appellant side. Now it is learnt that the appellant has filed restoration petition to restore the appeal. The notice is yet to be served to us.
Under these circumstances, I humbly request the learned lawyers to suggest / guide the best means to encounter the restoration petition ?
Thanking you,
With regards

Vasudevan   10 August 2022 at 17:20

Recorded deposition contrary to the original petition

Respected Learned Experts, I have filed a Rent Control Original Petition for vacating the tenant for default in payment of rent and for my personal usage. During the deposition before the Addl District Munisiff the concerned judge has erroneously recorded that the tenant has to either pay the market rent or to vacate the premises. But in my original petition, I have prayed for vacating the tenant for the two reasons i.e., default in rent and for my own use. Without reading the deposition, I had signed it. Now the case is posted for cross examination. How can I correct the deposition so to match my original prayer i.e., vacating the tenant? Kindly give your valuable advice as I am appearing as Party In-person.
Heartful thanks in advance.

Deepi Saini   07 August 2022 at 12:04

Valuation listed equity shares succession certificate

Payment of Court fee for Succession Certificate is governed under Article 12 Schedule 1 of Court Fees Act,1870. However there is no clarity on how to do valuation of listed Equity Shares. Is valuation done as per FACE VALUE of shares or market value on the date of application made or market value on the date order is passed? Please share your views and experience on it.

Anonymous   01 July 2022 at 00:51

Detention under crpc 151

I was recently detained by UP Police (Phantom) and got released after furnishing bail bond. At the time of my arrest (I wasn't aware it was arrest), that we (Phantom) are asked to take you to police station because we have a written complaint from your wife. Since my wife have many times dialed 100 and woman hotline number many times in past few months and as a process both of us had to visit the local PS and from there the Police usually advised my wife to take the matter to court. However this time I was taken to PS on 1 June at 21:30 hrs and wasn't informed until next day that I have been booked under CrPC 151 and the form submitted to SEM read that "while our patrol on June 1, we found this person yelling and fighting with his wife and attempted to warn him. But the person overlooked our warning and thus has been detained under sec 151". The form didnt mention my wife or the context of detaining me. There was clearly no violence at the time of my arrest and I cooperated with Phantom police and wilfully went with them. If I would have been doing such a misconduct the neighbours would have watched too. The police came in silently, first called up my wife on the gate and then showed me a written copy of her complaint filed a week ago. The Phantom police told told me that they are taking me to PS because of that written complaint. Is such detention lawful? Can I establish that such detention was caused by my wife's action? Kindly advise

Anonymous   22 June 2022 at 11:40

Common plot

The builder had passed the layout with common plot from Vadodara Mahanagar Seva sadan during the year 1991 claiming to construct a society.

Out of 45 House, They built 33 Houses & remaining 12 plots sell to the members.

While making of a dastavej with all 45 stakeholders, The Builder had put a condition of Keeping all rights of Road & Rasta as well as common plot with him to the extent of selling of it by him to any of the member in a society & with this consent as well as agreement on part of stakeholder only made an agreement of sale deed duly registering of it in a registrar office with all members.

Simultaneously, They divided the area of common plot in 12 Plots & sold it to 12 members of the society with a condition of not making any construction in common plot area. The 12 members had also paid stamp duty for that & registered their dastavej with part area of common plot.

So, Right from the beginning the common plot is only appearing in Layout passed by VMSS but physically it was not at all framed right from the beginning in the society.

Also, Even till Today the society is neither registered nor elected any president or Pramukh officially.

Now, After a span of almost 30 years one House from the slot of 33 House has been sold & the new stakeholder(Only one member) has initiated the process of opening of common plot with VMSS.

Query : (1) Can 12 members can get a benefit of Adverse Possession?
(2) Can 12 members possession of common plot can be challenged in the court by any of
33 members, who had already given a consent of waiving off of the rights of Road /
Rasta & common plot to the builder during the year 1991-95?.
(3) The property card has also been made accordingly for all the members & paying Tax to
the VMSS individually
(4) The 12 members have also not made any construction in common plot area except a
boundary wall for protection purpose & use it as a Garden.

Kindly advise in this regards.

Anonymous   31 May 2022 at 03:55

Legally married before 18

Myself was married with my husband while I was 16 years old. Now I am 20 years.
Can I say I am legally married wife ?

Nidhin M   13 May 2022 at 17:50

Medical examination

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 our aunty is staying now was our neighbour for a couple of years and at that time she could able to establish a good relationship with our aunty and now her house is away from our house but regularly visits our neighbouring temples and all. As my aunty was showing some mental issues like, speaking vaguely alone, showing gestures alone, changing mood continuously, etc while staying with us,we tried to get her examined by a psychiatrist but my aunty was like she is absolutely fine. This unknown lady told my aunty that our family is trying to make my aunty a mad person and now my aunty believes that. Now, this lady is not allowing us to see our aunty.Her intention is to grab property in her name. He is taking a stand that a person who attained the age of majority can live with anyone at their wish. My aunty is also not ready to cooperate with us.
Could you please help us to understand whom should we approach to get her examined by a psychiatrist and give her the proper required treatment.

Aman Bains   28 April 2022 at 16:49

case law on 151 r/w 35 b cpc

any case law wrt 151 r/w 35 b cpc

ritesh shah   06 April 2022 at 20:49

Prop tax & maint misallocated in 2 different sra societies

SRA rehab part = Society-A
Sra Salable part = Society-B

- both societies registered separately

- misallocation, prop tax goes in Society-A & registration details are found in Society-B


1. Is resolution required to raise the bill ? Where bill was not raised by 1st committee of Society-B for 9 years (as property tax was not coming in Society-B, so were not aware about membership of the unit, so they assumed its part of the Society-A)

2. then is it required to pass resolution by Society-B , under this circumstance ?

3a. If a resolution passed | where there is only sign of chairman and three NON MEMBERS | is the resolution valid?
3b. and if no audits are done from past 15+ years is the resolution valid?

4. resolutions needs to be sent to the registrar / SRA to have its validation ?

5. Then if unsigned bills are so raised can be charged for interest ? such bills can b denied?

6a. can Society pass resolutions in AGM, for billing the legal fees to member on a case to case basis for notice received from member or on defaults?
6b. any provision in byelaws required?

I am ready to pay outstanding old maintenance, but society is forcefully charging interest and harassing for auditing accounts,

kindly let me as queried above regards to validity of bills and liability of interest..

kindly guide.
thanks and regards