Vithal. Upari
13 April 2014 at 12:06
Dear Experts,
In one of the case :
a) Once, 1st cheque for encashment was made took intimation for insufficient fund
thereafter, legal notice was sent
b) Again service of legal notice cheque presented for encashment within 6 months, legal notice was sent duly served on the accused the case was filed.
Whether Delay condonation shall be done ?
If any "Citations" In this regard of Karnataka High Court or Supreme Court.
Looking forward your feedback on this.
Thanks & Regards
Vithal N
ABDUL RAZIQUE
13 April 2014 at 09:54
"which expression shall unless excluded by or repugnant to the subject or context be deemed to mean and includes their legal heirs, successors, executors, administrators, legal representatives and permitted assigns".
These sentences always written in the sale deed in column of Vendor and Purchaser, My question is 'what are the legal liabilities of vendor and purchaser upon the above quoted sentences?'
Kuntal Bhattacharya
12 April 2014 at 22:46
My uncles filed Civil Suit praying declaration of their exclusive title in a piece of land (joint property) in the Hon'ble court of Sub-judges in my district. Side by side they filed an application before concerned BL&LRO for mutating their name in respect of the property. BL&LRO did not agree for the mutation. Then, they applied before LRTT Kolkata. After hearing ex-perty, LRTT directed vide Order dtd 30/3/2011 to BL&LRO to dispose of the same by mutating their name in the property within a period of 6 months. Accordingly BL&LRO disposed off the same by mutating the property in their names.
Feeling aggrieved, we filed an appeal in the High Court of Calcutta. The two judges' bench modified the order dtd 30/3/2011 of LRTT and directed BL&LRO to consider & dispose off my uncles' application for mutation in the tune of the judgement and/or decree to be passed in the civil court (sub-jedges court) upon notice to us & hearing. (since, Two judges bench of High court is of the view that my uncles did not disclose the pendency of the Civil Suit filed by them before Sub-judges Court.)
Now, please Advise following:
Whether we should lodge Caveat before supreme Court to avoid any ex-perty order/judgement against the judgement of High Court???
Is there any chance to appeal within the High Court of Calcutta by my uncle against the judgement ??
anupam sharma
12 April 2014 at 20:08
In a suit for permanent injunction filed by one brother (say A) against his step brother (say B), Suit disposed of and a declaration was given to the effect that B is also legal heir to the property (of mother of B and step mom of A), An appeal was filed by A but nowhere in the grounds of Appeal it was mentioned that the trial court had exceeded the power in giving such declaration. However, pending appeal an application was filed by A to withdraw suit at trial court but the same was dismissed by appellate court. Now a revision against the said order of dismissal of application to withdraw suit by appellate court has been preferred at High Court and the same stands admitted and stay has been granted on observation that trial court has exceed power in giving declaration to effect of B being a legal heir. Now the question is Can the High Court exercising its revisional power give such a finding when its jurisdiction is only limited to withdrawal application??
KmeduVishnu
12 April 2014 at 18:22
Dear Experts,
Whether a third party can file a civil suit in a civil court as against the Govt. for praying a direction for maintaining the particular temple and further prays a direction to appoint a qualified auditor for auditing the temple accounts and take inventory stock of temple's movable and immovable properties and also for praying to cancel the sale transactions of the properties belonging to the temples since the properties were sold away in illegal manner without obtaining necessary sanction from the Govt. for selling the properties.
Kindly advice in this regard.
Thanking you in advance.
dipankar
12 April 2014 at 16:11
in brief our case is like this 'our trust has been dissolved by the district court of pune way back in 2002. however things continued to function as it is (as the matter was hushed up!) and not many were aware of it. the ex chairman was a very well respected social & political dignitary and his arrest was not carried out due to political connections at the top levelin 2002. the judgement of the district court pronounced the ex chairman as fraud and liable to be arrested. he continued till death. no one wished to oppose him.
from 2006, interestingly we got a 'new chairman' (of a trust that does not even exist!. he is a crafty man, who is fully aware of the 2002 judgement and the stay by the mumbai high court in 2011. but now a case has been registered by the original owners of the property (to which the trust belonged) on the 'fake' chairman. the case is going on strong in the Supreme Court. the currant 'self declared chairman' is also a politician but not of match of the ex chairman'.
my query is - from 2006-14 i have suffered a lot under the hands of the currant chairman. as i always opposed him. in case the Supreme Court decision comes in our favor, how can i nail the 'fake' chairman legally. i wish that an imposter should be punished for his misdeeds. i wish to mention that the Supreme Court matter concerns a national property in pune, in the name of the father of the nation.
subhash banthia
12 April 2014 at 16:04
My father (87), is founder-owner of his retail clothes & readymade shop in Pune & still runs the shop for 12 hrs a day. My younger brother joined him as a partner at his age of 25 in 1982. I, the undersigned, was employed in Mumbai since 1979. My father & Younger brother both running the shop jointly as a partner since 1982, when he ie my brother has also got married. There is no written partnership between them. But according to me, my father has 50% share & at least 10% goodwill over the business profit. The business has grown multi fold since then. I & my four sisters were married before that. Out of this business income my father & younger brother acquired neighbouring & other immovable properties & extended/expanded the shop, home & the business. But surreptitiously without the knowledge of the father & us, he acquired them in his name & his wife. So far nobody suspected any foul play & not questioned. He also spent income from this business for his two daughter’s marriage & his son’s education abroad ie MS (IT) from USA.
Recently my father wished to divide his property between us so that there is no dispute between us in future. However to our astonishment, my brother says all the properties acquired through this business are his. My father was also shocked to know this because he was kept in the dark & was not shown the documents & fed with the false information. He further said he will not allow the partition of this property acquired thru this business.
When i pointedly asked then where are the earnings of the father of last 32 yrs. He says only the stock in the shop is his earning. He has nothing in his name.
Thus he has committed a fraud by cheating the father & all the rest of us and grabbed all the earnings of my father.
I asked my father what is this? He said that he has stopped asking what he does about the cash since he & his wife started abusing & ill-treating him as well as my mother. They are not taking care of my parents health & even he complained about not serving the food properly. He says he had no choice but to work in his own shop /creation to maintain his body & soul together. He used to come to my place in Mumbai but could not adjust Mumbai life & weather and used to go back to his shop after just a week’s stay. We were not aware of these issues at all.
Although, he is so old he still serves the customers in the shop. He has a sharp mind, does calculations correctly, is attentive. He puts 12 hrs a day in the shop while in his own words my brother works in the shop for only half the time. He fears his younger son & his wife because they abuse him & do not respect.
The total area of acquired land is 3000 sqft of plot & the structure over it, just adjacent to our old house. He is planning to redevelop the whole property & sent plans for municipal approval. Under such circumstances,:
1. Should i give notice to get the details of all immovable & movable properties in his & his wife’s name, cash deposits circulating w/ traders, gold/jewellery, etc.
2. Should i give notice to get all the business account books for last 5 yrs at least.
3. My brother, who is keeping all the accounts, is not disclosing any financial details. Once my father knows about all his properties ie Immovables/cash/gold & jewellery etc, then he can gift them as he wishes to all his childrens ie (we two brothers & 4 sisters). But the question is how to make the affair smooth.
PREM BAHADUR
12 April 2014 at 11:43
Dear SIR....
I WANT TO GET SCHEDULE CASTE CERTIFICATE IN INDIA,AS I BELONG TO SC CASTE AS PER NEPAL GOVERNMENT..AND I HAS CERTIFICATE OF NEPAL GOVERNMENT THAT THIS BOY AND HIS FATHER BELONG TO SC CASTE..NAMED PREM BAHADUR SARKI AND FATHERS NAME IS DHAN BAHADUR SARKI...BUT IN INDIA MY NAME IS INVERTENTLY RECORDED AS "PREM BAHADUR" AND FATHER'S NAME IS DHAN BAHADUR IN ALL EDUCATION CERTIFICATES AND VOTER ID,PAN CARD ETC...ACCORDING TO INDIAN GOVERNMENT SARKI BELONGS TO SCHEDULE CASTE...SO IN THIS CASE AFFIDABIT CAN HELP ME...Could you please tell me ..whether an affidabit can prove that both the name belongs to the same person...i.e me....please reply,when i will apply for caste certificate in india...please reply
krishna mohan
12 April 2014 at 00:20
My father is intending to get release deed from his sisters ,to the extent of land they are entitled as per the district court. But the suit is still pending in high court(my grand father had two wives,daughters of that wife are fighting with us). Is it possible to get the release deed registered during the pendency of suit. If possoble Please tell us the procedure to get it registered in sub registrar office.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Rival party as legal heir in civil suit
Rival Party as Legal Heir in CIVIL SUIT between Husband & Wife
Civil Suit filed by Applicant wife against Def1 Chief Promoter of proposed
Housing Society & Def2 Husband for ownership of plot. Applicant wife claims plot
is allotted to her by Def1, but the sale deed is in the name of Def2. Case is
pending before the court. Def1 died quit long ago so his Legal Heirs were brought
on record, but on application of them their names were deleted from parties.
Now recently Def2 husband also died.
Applicant wife has two children from Def2. Both Children have given Power of Attorney to Applicant wife.
Now since Def2 died she has added her name as Legal Heir of Def2.
Now the case is contested as follows
Applicant wife
V/s
Def2 since deceased through his Legal Heirs (1)Applicant wife & (2)two Children.
This is very interesting situation since now applicant wife is fighting a suit against
herself (since power of attorney of children is with applicant wife). She is both
Applicant as well as Defendant.
My request for opinion from learned experts on under mention points:
(1) Can Applicant be Legal Heir of Defendant since they being Rival parties.
(2) Does the suit stands abated on the grounds of want of proper parties.
(3) Does the Sale Deed performed by the Chief Promoter of Proposed Housing Society (which never got registered in future) still stands.