Alistair
08 April 2014 at 15:52
seeking to know from all learned members, every piece of advice and input will be appreciated.
1) when we file a suit in HIGH COURT, why do we also file a NOTICE OF MOTION?
2) What is a DECLARATORY suit?
3) What is the connection between a DECLARATORY SUIT & NOTICE OF MOTION for the same case ?
4)Can a DECLARATORY SUIT be put up for DISMISSAL without a judgement, when Suit against Defendant No.1 is transferred to Long Causes. and the rest of all the defendants are transferred to Undefended Suits ?
5) What is the benefit to the plaintiff as per point No.3 above & what should be the next step of the plaintiff ?
6) If the last day of the DECLARATORY SUIT hearing was about 60 days prior, and the last update was as point No.3, do the plaintiff stand to loose on any grounds ?
Thank you all for this wonderful forum, appreciate all efforts by each one of you.
Shrivallabh Choube
08 April 2014 at 12:05
Plaintiff failed to prove his case prima facie. Whether the defendant requires to prove his defense ?
Kriti
07 April 2014 at 23:12
My maternal aunt passed away few years back and due to family pressure my uncle did second marriage. He is having 2 kids from his first wife. Daughter is married and son is engaged. Aunt is having one son from her previous husband (16 years) who is not adopted. My uncle does not have any property on his name since he had some doubts on aunt initially and then the doubt turned into reality when she suddenly left home saying that I cannot be here.
(Note: My uncle’s property is not the ancestral property and he made it himself. So he did a deed transferring all his property to his son legally.)
And post that there were rumors that she is putting blame on my uncle’s son that he used to physically abuse her and her son and he has tried to molest her. There is no written complaint for the same but we have heard this from the trusted sources. Then she called and said that your son is getting married and everything is under his name. So I don’t have any security and I need 2 cr. So that’s a clear case of emotional black mailing that she wants property and that is why she is even ready to put false blames on my Cousin. And her fiancée knows about this thing and she is totally supporting him. In this case there is no case that we will call her back. So can you please clearly tell me that does she have any right on my uncle’s property after divorce as it is already being transferred?
M.Sheik Mohammed Ali
07 April 2014 at 22:16
sir,
if tenant agreement completed 11 month, then the house owner not interest to retenant again old tenant, now the tenant want occupy the same possession. the tenant should give notice to renewal of tenant
JM
07 April 2014 at 14:30
HC, in a Writ Petition seeking interim order by opposite party, has passed comments that I don't have a case. No basis for the observation exists. I will be approaching the SC with SLP, but the trial is continuing. Can I seek a stay?
mala
07 April 2014 at 07:52
Sir
Statement of witness in a departmental inquiry and the same witness gives a different statement in a criminal court. Theepartment takes action on the basis of the statement made by the witness without any evidence whereas the court makes a differet findings on the basis of statement
Whether the statement made before the court is valid and can be used in the department
niky......
06 April 2014 at 22:20
Hello i am the defendant (tenant) and recently (Plaintiff)Flat owner passed away. So as legal hire plaintiff's son have asked to add put his name & plaintiff's married daughter name in the title.
Son is fine as he do stay there, but why will married daughter addition shall be asked if she doesn't even stay at suit premises? Is this valid ask? Shall i suggest my lawyer to object addition of her to the plaintiff list?
This is an evac case and in addition to above plaintiff also asked that married daughters building is going for redevelopment and hence this is additional reason for daughter and her family to stay at plaintiff's house and hence require the suite premises.
My lawyer suggests that we cannot do much for this point. so wanted to take the experts suggestion if there is a way in which we can put a counter argument to this point?
Sorry for the long post, but wanted to explain the scenario. Thank you.
RAMJI
06 April 2014 at 19:46
Dear Experts
This is reg suit for partition. The main suit is pending for trial because of an IA filed by one of the Defendants Under Order 7 Rule 11. Resp /Plaintiff filed counter against IA and arguments of Petitioner/def is over and arguments of Resp/Plntff fixed. Though the Resp/Plantiff was ready for arguments, the Petitioner/def kept on asking for adjournments on some reason or other and court also granted three times so far inspite of verbal objections by Resp/pltf and next date for petitioners argument is in middle of April 14. At this stage my questions are as follows:
1. If the Party again ask for adjournments in next hearing, CAN THE RESP/PLTIFF ASK FOR PENALTY /COST TO BE IMPOSED AGAINST PETITIONER if adjournment is granted?
2. If so, can the Resp/pltiff file a memo seeking for the same?
3. Please indicate under which section / Order of CPC we can file such memo seeking cost against adjournments?
4 any other views/advises please.
Regards
Ramji
Balasubramanian
06 April 2014 at 18:54
Can a consent affidavit to be filed in Indian High Courts by twin passport holders be apostilled in UK and US,instead of going to the Indian embassy for attesting particularly in administration/probate matters of estates in High Courts,as per Hague Convention,1961?
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Official secrecy act - immunity to govt. dept.
A Treasury Department bound by Treasury Code should maintain a particular Record/Register relating to Treasury in the format given by Treasury Code. This Department is maintaining that particular Record/Register in that format.
There are also maintaining another Record/Register and they named it which is not in the format specified as per Treasury Code. They should not have any official Record which is not mentioned in the format.
The original Record / Register of the Treasury is audited by Accountant General of India as per the guidelines in the Treasury Code.
Whenever anyone requests for information relating to the subject of that record. The Treasury department is verifying the Unofficial record (clearly mentioning unofficial Record name) and giving in writing that any information related to them is unavailable.
When confronted they are saying both are the same. For example Donkey = Horse. The orignal record/Register Audited by AG, India is not shown.
Since layman does not no the treasury code. They are getting fooled by the wrong information and wrong Register/Record Name.
My query here is:
1) Does official secrecy act allow Treasury Department to maintain unofficial record and give false information ?
2) Does official secrecy act allow Treasury Department to give false information even in court of law (unless it is a High Court/other authority as per the Treasury Guidelines)
3) How do we counteract this situation. The present scenario being that the Treasury
Department has filed false counter affidavit in a Trial Court ?
4) The Treasury Department is silent on the issue of existence of any other record in the trial court?
5) Can we File a 340 CrPC Complaint against the Treasury Department?
Thanks in advance.