LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   22 May 2021 at 12:12

Does authrization letter requires affidavit along with it?

To file a complaint in consumer case through representative or agent. it required authorization letter to be submitted before the concerned forum .

1. Does Authorization letter requires affidavit along with authorization letter from principal?

2. Does all the other applications before forum require affidavit along with every application?

3. Does every Affidavit reference with subsequent application or submissions after original complaint before the forum need to be notarized?

Anonymous   13 May 2021 at 11:34

Tukdee bandi

I need your help and guidance please . I got your email address from Google online search

I have 30 gunte crop land in raigad out of which 6 gunte was sold by my cousin to third party. 24 gunte is in my ownership since 1975.

There was a ongoing case filed dispute with tahsildar for peek pahani for this 6 Guntee area.

However This 6 gunte registration is done three months back by my cousin. Talathi has written remark of tukdee Bandi and stop the title transfer.

My question is

1. Will the third party able to transfer 6 gunte on his name.? And how?

2. How can I cancel the registration deal and stop the transfer of title for this 6 gunte.

Please guide me

Amresh Choudhry   12 October 2020 at 20:19

Best way to get property vacated

Harijan family has made hut on my agricultural land and now refusing to vacate stating that they have given Rs.10k to my mother as advance towards purchase of the said land long back.
They don't any proof thereof also the truth is they were doing batai/sharing farming on my land and my father allowed them to stay there around 5-6years back.
Property is ancestral in my grandfathers name.
What should be best /quickest way to get the property vacated I have offered them 1lakh rupees also but taking undue advantage of coming from SC/ST community they are refusing to vacate.
Property is in my village under darbhanga district of Bihar.
Kindly guide

Kiran   02 December 2019 at 17:48

Application to get husband's experience certificate

Hi Experts,
The company of my husband has provided the wrong details to the court that he has left the job. But, when I investigated, I got to know that he is still working in the same company.
Accordingly, I informed to the court and put one application to direct to the employer of my husband to provide the certified copy of his resignation, reliving letter, and Full & final settlement copy form the company. Then, the court refused to take my application and returned and asked me to file RTI into the company. I told the court that RTI is not applicable to the private sector. But he denied taking my application on record. Then I asked the court to reject the application if it is not tenable. But still, he did not pass any order.
Under these circumstances, please let me know, Can the court direct to the company of my husband to provide the documents on record or not?
Thanks in advance...

Sureka Nagendhran   30 September 2019 at 18:31

Order 22

I want clear explanation about consequences of death of one of several defendants in a suit, what is mean by 'right to sue' survives as stated in order 22. when suit is abated, need clear interpretation.

Mohammed Rizwan Shaikh   12 September 2019 at 13:40

Kept for order u/s 38 specific relief act

Hi,
A suit was filed to restrain the Defendants u/s 38 Specific Relief Act in a district court in June 2018 in respect to a land in Maharashtra. The Plaintiff's claim was based on a Muslim Gift-Deed from a husband (now deceased) to his wife. The Defendants (legal heirs) filed Counter Claim, all the contentions were false. The Plaintiff filed reply/ Written Statement. Further, the matter was kept for Arguments on Exhibits. The Plaintiff submitted the Exhibits. The Defendants did not submit their Exhibits.After a span of 15 months, the matter was heard on 11.09.2019. The Advocate of the Plaintiff argued but not upto the mark.in other words some points were skipped/ignored/incomplete/haywire although all the exhibits on which the Plaintiff relies are on the Courts record alongwith WS. The Plaintiff fails to understand what went wrong with the Advocate..The Magistrate has asked for ORIG. Gift-Deed and kept the matter for order on 30.09.2019.

Is there any way to fill the lacuna/gap created by the Advocate at the time of Arguments, before the Order?
As the argument was not upto the mark, will the Magistrate consider/refer to the WS?
As the Magistrate has asked to submit ORIG. Gift-Deed, should the Plaintiff submit it with a precipe before the Magistrate?
Will the ORIG. Gift-Deed be returned, as this is the only document on which the Plaintiff relies upon? How to safe-guard the same, plaintiff is skeptical?
What if the judgement goes in favor of the Defendants although the Plaintiff's case has all the merits? Can it be challenged in Aurangabad High Court?
Does Aurangabad High Court requires English Translation?

Your advice will definitely be very highly appreciated.

Mohammed R. Shaikh

Nishant Pandey   18 August 2019 at 14:02

Blank Cheque given for security deposit

Hello,
In 2016-17, I had submitted one blank cheque to one of my business associate to get registered and work as vendor for them in Bihar. They have given me work order and we both signed a work agreement in which it is mentioned that they will provide us materials for work execution (cheque was taken against materials only). Payment term says that they will pay 70% of the Bill every month and rest will be paid after client JMC and reconciliation of the material. There is arbitration clause in the end of the agreement as well.
We stared working and completed our project. The company asked me to return back the materials which where left according to their book, they claimed of around 140000/- value material was pending at me. I humbly submitted all the belonging available with me which even was not in their book which shows their book was not properly updated. After submitting all materials when I asked for my payment and reconciliation statement, nothing was given to me.
Meanwhile company has closed it's office from my district in Bihar and now working at Buxer.
Today on dated 18.08.2019, I have received one Notice claiming to return materials worth 600000/- within 10 days otherwise they will put my cheque for encashment failing to which they will file case of cheque dishonor. I have all supportive documents which proves that there is no materials pending with me and even my payment is outstanding on them.
Please advise me what to do? Will it come under sec 138 if the cheque gets dishonored?
Rgds!!
Nishant Pandey

VIKAS AGARWAL   25 July 2019 at 10:06

Commercial gym running in residential property

How to prevent commercial gym running in residential property.

Adv. Yogesh Pawar   10 May 2019 at 20:50

Possession

HI Experts,
Please reply to my query.


Facts- The plot admeasuring approximately 400 square was alloted by Municipal Corporation to Mr. A under a scheme, later the said plot was transferred by Mr. A to Mr. B with all the permissions and necessary requirements. Today as per Municipal Records Mr. B is the holder of the plot and is having lawful possession of it. Mr. B also constructed Ground plus three floors on the said plot. In year 2008 Mr. B died leaving behind his legal heirs. The Municipal corporation transferred the said plot Mr. B's wife. In year 2016-2017 wife of Mr. B allowed (orally) her brother (say Mr. C) to reside at her place for temporary period, later the Mr. C taking wrongful advantage of the health issues of B's wife, captured all the three floors except ground. Mr. C also rented the said premises to third parties without any knowledge to B's wife, even after number of requests Mr. C is not vacating the premises and instead of leaving the premises he is threatening them. B's wife and her son approached nearest local police, but instead of taking action against C police registered the offence of trespass against the B's wife and his son.

1. How to restore the possession of the said three floors?
2. What are the provisions available in Civil as well as Criminal law against the C?