Rajesh
01 April 2014 at 08:29
In my ( as Defendant) ongoing suit for possession by way of specific performance of an agreement to sell dated 1.1.2007 , where 31.7.2007 was fixed for date of execution of registration of sale deed. I am contesting the aforesaid Civil suit interalia on the ground that since Plaintiff has never been ready and willing to perform his part of contract for lack of funds with him on 31.7.2007, the agreement stood rescinded and earnest money stood forefeited.
Plaintiff in order to prove the fact that he has been ready and willing thorough out to perform his part of contract , gave a false evidence at the time of recording his statement in the court ( on 20.2.2010) by relying upon a lien creating letter dated 19.12.2009 ( i.e of date after 2 years of last date fixed for execution) showing lien on the amount of Rs 18 lakh deposited in his saving bank account, in his Examination -in-chief tendered into evidence the bank letter .
Now , when I called bank manager as defence witness to produce all records of Plaintiff's lien documents of dated 19.12.2009 , it came to light that Plaintiff created lien on his account on 19.12.2009 and on 21.12.2009, he got it cancelled and submitted an old copy of bank letter of lien ( which he had already got cancelled) in his examination-in -chief on 20.2.2010 .
In view of the above falsification of records by Plaintiff , I want to file complaint u/s 340 /195(1)(b) of Cr PC. I want to solicit your esteemed advice on the following
(a) Should I file such complaint u/s 340 against plaintiff for submission under oath false record ( which he had already got cancelled), When I know that the false document has not that important /relevant which would have impacted the outcome of ongoing case, because false letter of lien is dated 19.12.2009 whereas the final date of execution of agreement was 31.7.2007.?
(b)Should I file this complaint irrespective of relevance/irrelevance of false document on the outcome of the case , since this will reflect to the Court the plaintiff's overall conduct during the ongoing case.?
Please give your esteemed advice so that I can take necessary step accordingly.
Rohit Mahajan
01 April 2014 at 00:53
Room no 1, is a flat of cess building in Mumbai which comes under category. Group "A".
Landloard expired in 1970, leaving behind her wife Mrs "M" and two small children's who was under 18 years. Mrs"M" was previously tenant of same said room no 1, after death of her husband she was administrator of same building.
In 1996 she given same room no 1 on leave and lisence to lisencee Mr "Y" for residence.
After expiry period of same leave and lisence agreement, same agreement was not renewed. And Mrs "M" given tenancy rights to same lisencee Mr "Y" in written on stamp paper.,
Mr "Y" was paying regular rent to Mrs M" in cash.
Mrs "M" not given any rent receipt to Mr "Y".
Mrs "M" sent her son and son in law to vacate same room from Mr "Y" in Oct 2007. That time Mr "Y" did n.c in police station that he is staying with his family in same flat as a tenant and submitted application to commissioner of police, A.C.P of police and police station.
In 2010 mahada did repairing in same building, for the same Mr "Y" paid Rs.12000/- in society chawal committe for repairing fund.
Later in 2011 Mrs "M" used her administrator power and transfered same building into 3 part (1st) her self (2nd) first son (3rd) second son, then they all sold that building to new developer Mr "D" in same year 2011.
Now Mr "D" is new Landlord.
In Feb 2013 mahada inspection was done and found Mr "Y" as a occupant.
In June 2013 mahada declared Mr "Y" as a occupant and eligible to get permanent alternative accommodation.
Mr "Y" not given concert to Mr "D" for redevelopment Bcoz permanent alternative agreement was not done. Rest in same building out of 18 room only 15 room tenenat given concert.
In March 2013 Mrs "M" expired.
In Oct 2013 both son of late Mrs "M" filed suit for eviction against Mr "Y" stating that Mr "Y" is a lisencee and not paid rent from the expiry date of leave and lisence, same agreement was expired before more than 16 years.
Both son of late Mrs "M" showed her mom as a tenant in plaintiff and demanded rent of three year under maharashtra rent control act 1999 and also for evictions of same said premises.
List of documents which Mr "Y" is having.
1) rationing card from 2002,
2) light bill on Mr "Y" name from September 2007,
3) gas from 2007,
4) telephone from 2007,
5) Election card from 2007.
Stamp paper in which Mrs "M" given tenancy rights to Mr "Y" is missing by Mr "Y".
Mahada already given N.O.C for redevelopment of same premises to Mr "D".
Thus pls suggest,
1) what is a way that Mr "Y" will get same room.
2) did small cause court have power to announce decision.
3) did competent authority is having power to announce decision.
4) what are the steps which Mr "Y" can use to save himself from evictions.
5) how much time same case will take to resolve.
6) who will get rent during redevelopment time and who will get permanent alternative accommodation.
7) does late Mrs "M" both son is having legal power to claim same room.
mahesan
31 March 2014 at 22:09
I am asked two prayer in my case one for declaration of title and another is declaring that the sale deed null and void. I am paid court fees 75.50 for first prayer, and aim paid the court fees for half of the market value u.s. 25(d), I have not a party in the defendants sale deed. Court fees examiner given check slip to me pay the court fees for present market value. Hence aim consult the senior counsel and delete the prayer for sale deed in favour of the defendants null and void. Now the suit is maintainable or not.
mahesan
31 March 2014 at 22:01
Witness summon served to the witness, but he appear before civil court. What steps taken against the witness.
pushpakrishna
31 March 2014 at 17:23
dear experts,
i would like to file a civil case in the court of law on behalf of my father against a person regarding the property through a power of attorney duly notarize as my father not in a position to attend the court due to his ill health. i know the all details of the property. can i file the case along with notarized power of attorney ? or is it compulsery registered in the sub-registrar office? is it necessary my father's sign on the case papers ? as he is living at bangalore and property is at hyderabad.kindly give the detail advice.thanx.
D. Jayakumar
31 March 2014 at 11:55
Dear Sirs/Madam,
My father filed a suit against me as a power agent to my brother based on a Alleged Koorchit. But, the case was filed in the capacity of my Father (who is the kartha of our HUF) and not in the capacity of my brother. My brother is residing at UK for more than 13 years. I appointed counsel for my side and my counsel did not point to the court what I prefer to say to the court. Hence, I wrote a complaint to the High court judge and also requested him to give me some information. But, I was not given any information rather I was directed by the district judge to post my query in the concern court. Further as a Party Appearing in Person I filed and I.A /2014 in the main suit regarding my complaints. Since my brother who is suppose to be the Plaintiff did not appeared before the court to prove that he is the plaintiff to the suit. Hence, I marked the three persons as the opposite parties in the I.A /2014. 1) My father, 2) My Brother & 3) The Counsel for 1 & 2. My claim was that the counsel did not follow the Advocate Act and he cannot continue the suit until he produce the plaintiff before the court and proves his case. My I.A /2014 was returned for two reasons. I replied for the queries and resubmitted in the court. While I was attending another suit as party in person. The judge questioned me about the I.A /2014 and got angry againt me stating that I cannot make the opposite counsel as a party to the suit and shouted in the open court that my petition is rejected. Then I sent a Notice u/s 80 of the CPC to the Judge to explain me about the inquiry made by him about a case while trial is going on in another suit.
Please tell me whether my proceedings are correct? What I have to proceed next?
PRADEEP SHARMA
31 March 2014 at 10:39
Dear Sir ,After finishing my market visit I was returning back to home at 10.30PM
In between 4 Thieves attacked me with knife and first took 2000 rupees cash and started demanding for my mobile phone.
Then I started to trying to escape but They took my bag and my scooter and they went off. And After some miles they have left my scooter but took my BAG which contains
Company laptop,SIM Card and Data cards.
Regarding this I lodged a complaint in police station in Mico layout.
Please suggest what to do on this situation..
Now company doing claim form me 50% amout of theft company asset.
Please suggest. am i liabilities for pay this 50% amount to company.
DHIRENDRA KUMAR
30 March 2014 at 21:24
Sir,
I am working as an Assistant in AFHQ in PB-2. I have got my first increment but the further increment are withheld as I have not qualified the typing test. Sir, I have 'Digital Tremor' i.e. 'shaking of hand' which is a hereditary disease so I am unable to qualify the test at the requisite speed. I have earlier also been disqualified in the medical examination of the Air Force due to my disease of Digital Tremor. Can I get exemption or more time to complete the test on medical ground. Sir please help me.
s c Mann
30 March 2014 at 19:51
25 plaintiffs of a residential complex and developer (defendant)finalized consent terms through the mediator and it attained finality by a consent decree. Plaintiffs were paid 50% hardship compensation (for delay in execution of the project by the developer) at the time of signing of consent terms and 50% was to be released by the mediator after 01 year without recourse to defendant but provided clauses under consent terms were not breached by either party.Plaintiffs did not form the ad-hoc committee for one year and were inquired by mediator about the reasons thereof, pending balance compensation to be disbursed to plaintiffs. While 13 plaintiffs have given an undertaking that they indemnify the developer and will continue to pay legitimate maintenance charges (their balance compensation has been released with consent of developer given to the mediator; other 12 plaintiffs along with with cleared 13 plaintiffs have now together formed the ad-hoc committee under the aegis of bungalow owners'association, without intimation to the developer and the mediator, and that too after 15 months from the date of consent terms, and have expressed in writing to the mediator and developer that they have now established the ad-hoc committee and thus achieved full compliance and balance compensation should be releases within 10 days. May I request your opinion if the adhoc committee so constituted is void and inconsistent? Can this ad-hoc committee be recognized by the developer and mediator? Should the mediator refer the matter to court for proper constitution/composition of ad-hoc committee? Should the duties and responsibilities of ad-hoc committee be spelt out by the mediator or the court as per established norms? Plaintiffs over the last 15 months have shown no responsibilities towards smooth running of the complex - do not pay maintenance on time and do not abide by safety & security laid down procedures. Developer is running the complex and developing the balance area and troubled by above nuisance by plaintiffs. Is the bungalow owners association required to be registered by them? Request advise course of action by the developer. Thank you.
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Want to obtain stay on ancestral property sale
Dear Member kindly guide me on my below issue:
My Grand Father were 5 brothers; none of them exist even the grand mothers.
There are the properties which were purchased by them and since to avoid any dispute now my uncle and father wants to dispose off that property; however, i am not happy with there arrangment, infact my father has given his consent with my uncle's arrangement. As a Grand Child can i obtain stay on the said sale.
kindly advice