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Adv M.D.Azhar   06 March 2014 at 17:50

About the contempt

sir,
Suit for deceleration and possession filed by the plaintiff against the defendant. Defendant appeared in the said suit and filed w.s. than after matter was posted for arguments. After hearing both the parties at length. court rejected the injunction application of the plaintiff and held that there is no document produced by the plaintiff to show the title and possession over the property. Actually defendant constructing the house over disputed property so the court held in its order. there is no adverse evidence to show to the court that the defendant constructing the house on the land of plaintiff, therefore the application of injunction was came to be rejected. being aggrieved by that order he preferred an appeal. session court granted ad interim injunction to the plaintiff/appellant because at that day defendant were unable to appear before the session court. While giving the ad interim injunction session court imposed certain condition that, appellant never asked adjournment for the hearing of appeal or never delay the matter. after the said order, defendants appeared before the session court and were ready for the hearing but at that day appellant did not want to argue the matter so that he filed an application under o.26,r.9 of c.p.c. for the appoint of the commissioner. defendants were ready for the hearing of that application on same day but appellant filed a report that, they want do hearing in the light of some judgments. so that court granted the adjournment of the very next day, at that day application was heard and decided by the session court on same day, than after court asked for the hearing of the injunction application but he submitted that he want to challenge the said order before the high court so adjournment was granted, matter was adjourned. appellant filed an S.C.A. before the high court, mean while he produced a report for the adjournment in the session court, saying that, he has preferred an appeal before the high court against the order of the session court. than after matter was adjourned so that defendants advocate was unable to appear before the session court because his family member was no more. so court has fixed another date in which defendants adv and the adv were present but intentionally he did not come at right time so that court has decided to hear another matter. meanwhile there was not much time for the hearing so court has adjourn the court without asking the report. but defendant adv urged before the court that sir, please hear me so defendant concluded his argument and argument of the appellant is still left. Now i want to ask that, after reading the event of the case before the session court weather ad interim relief which was granted in favor of the appellant is still survive or vacated? moreover if status quo is granted regarding the property than, defendant can move certain things from the suit property if such things caused lost to the such as "Senting" which is used to to fill the slab on house. or if it is done than it amount to contempt or not? just give me brief detail.

sk..........   06 March 2014 at 12:50

Evidence in civil suit

I have t file evidence for defendant 1&2
pl. mention what should be the headings of the chief affidavit.
1- can defendant 1 file one evidence as both belong to same family.
2- or should different affidavits need to be filed.

sk..........   06 March 2014 at 12:47

Evidence reg

In civil suit I have to file evidence[defendant] there are two other defndants of same family ,common w.s is given now
1- can I file evidence as dw-1 ,other adopting the same
2- should I have to file separate evidence for all defendants.

pl. do not say acedamic query,if not possible do not waste ur valuable time.

sagar jadhav   06 March 2014 at 11:37

Self represent in court

I am seller for flat who refused to refund token,buyer has filed police complaint

I want to know can I represent myself in court?

Swarna kamal Chandra   06 March 2014 at 10:10

Premises number of the suite premises mismatch

I had filed an ejectment suite against my tenant on defaulter and reasonable requirement ground. The lawyer notice and court notice (summon) has been sent and it was refused by the tenant of the suite premises where he lives. Unfortunately, the premises number and the street name have been changed by the Kolkata Municipal Corporation. My last rent receipt is seven years old and the old premises number and street name is not matching with the current tax bill. How should I prove it that the two addresses is same? If I make an affidavit that the two address is same, will it work? What will be the consequences if the court doesn’t accept the affidavit?
Thanks.
Swarna kamal Chandra

Anurag Mittal   06 March 2014 at 09:32

Costs: section 35a (b):

Section 35A (b) provides for a limit of Rs.3,000 that can be imposed or less than Rs.3,000.

In view of the above in routine court proceedings while dismissing an application under section 151 Cpc, can the Courts impoe a costs of Rs.5,000 payable to Legal Aid higher than the limited prescribed under Section 35(A)(b) CPC.

Inderpal Singh   05 March 2014 at 21:35

Recovery suit assigned t third party

sir
A pvt ltd company entered into partnership with a person named B and formed partnership firm with share ratio of 25% of company and 75% of other person B. After five years a dispute arose as the partnership firm which was controlled by B had outstanding towards the private limited co. The limited company filed a suit for recovery of the total outstanding though they were themselves partner upto the extent of 25% of the liability as the firm was not dissolved till date.in the meantime the company assigned the suit to another company after two years of court proceedings.The other company has not appeared till date and the plaintiff co is fighting the case. My questions are
1 can a company file a case on a firm where they themselve is partner upto 25% share this is a case upon themself and what is the law
2 As the case was assigned to other co which is not appearing till date what is the remedy now.the case is for defendant evidence now.
please advise as this case pertains to my family and I am a lawyer dealing with
revenue law only
Thanks and gards
Inderpal Singh
Advocate

Dear Sir
The reply was not received may be it was not posted kindly reply again
Thanks

sonal   05 March 2014 at 18:26

Very urgent precise help require

i am a owner of telecom company..my employee filed a suit against my company on non compete clause in agreement which talks about not to join compititors after termination for 2 years..what remedy i have?
i have his sign on agreement.
thankss

A   05 March 2014 at 16:31

How to select a lawyer?

A lot of citizen have had a need to seek the services of a lawyer at some point and having a good adviser and representative is as important as having a good doctor, i would like the experts and members to give their advice on how to go about selecting the right person for the job, given that basic values like integrity and ethics do matter most when the stakes are high, considering our Indian justice system and the ground realities we face, a few pointers for the citizens will be really helpful from all.

JEGADEESAN   04 March 2014 at 23:12

Rights of legal heir

Dear Sir,
I wish to clarify a doubt regarding rights of a legal heir.

Mr.Perumal has purchased a property in 1965. & he had expired in 1997
Further he has 2 legal heirs(One male & Female)After that the male was also expired in 2011.Now the property of the Perumal has to be separated.Whether the Grandchildren of the perumal can execute the settlement deed between his aunty or sale deed should be executed ?.

Who can sign if while the aunty is not well (she cannot walk, talk like the normal people, she has hearing disabilities) ?
Whether her son can execute the settlement deed or sale deed with his brother in Law on behalf of his mother? Whether is it legally valid?