sk..........
28 November 2013 at 09:25
In civil suit for mandatory injunction lower court passed interim order ,there is no response from other side after 2yrs, now I want to vacate the stay order,
1- should I file petition in the same court
or
2- should I file petition in high court.
dharmendra Singh
28 November 2013 at 09:01
I paid Rs. 3 lakhs in advance by bearer cheque to my neighbour for purchase his house. The agreement was oral not in written. After 3 months he refused to sale his house and assured refund the money within 6 months but in two years he returned only 90 thousands. The description of advance and refunded money is written on a plain paper signed by both. Now he file a civil suit (easementary right) regarding construction of my own house and saying that until I do not remove the construction and stop the the further construction he will not refund due amount.
My questions are -
1- Can I go to High Court directly for order/direction for refund due amount?
2- Is the only way of remedy is money suit in lower court?
3- Can I lodge FIR and starts criminal proceedings for pressurised him for refund the money?
4- Can both the civil and criminal proceedings be allowed on the same issue separately on the same time?
5- Which is better option for me?
M Sudhakar
28 November 2013 at 08:02
Is the GPA witness who is to face cross examination last in a civil case presumed to have had access to all the previous cross examinations of witnesses of other parties in the case ?
The GPA's chief examination is prepared by his lawyer who had access to the cross examinations of all the witnesses of the case and in fact he was the cross examiner- but the lawyer did not share details of these cross examinations with the GPA witness or his NRI principal because as he puts it,it will unnecessarily confuse you
Is this something to worry about ?
-Jagan
O. Mahalakshmi
28 November 2013 at 00:19
Respected learned seniors,
Differences and meanings of following.
General power of attorney, general power of attorney coupled with sale, sale deed
srinevasarao
27 November 2013 at 22:30
Dear Sir,
My Father purchased a land on 1995 in Andhra Pradesh. At present my father and seller no more. Now 2013 i and my brother both are equally to be taken out. But we found in the registered document survey number was wrong. Land area is 2.48 cents. This Land having THREE survey numbers and all are together. All the land was registered in 0.13 cents survey number land only. Remain Two survey numbers not mentioned in the registered paper, but boundaries are written correct included whole Area. From 1995 till date we using this land. At the time of partition we find this fault.
Mr Query is:-
1)Seller side persons will not come/they are not available,
2)How to correct the survey numbers
3)Is to pay at present registration charges or 1995 registration charges, (All three survey number registration charges are different)
4) How register dept registered less quantity survey number land to be registered beside survey number land.
I requested pl. help me, HOW TO COME UP FROM THIS PROBLEM.
Eagerly I am awaiting your Reply Pl.
Regards
K.S Rao
hitesh s savlani
27 November 2013 at 21:47
dear experts
my question is that my grandfather has an locker in commercialized
bank,having no registration of the nominee know my grandfather is been dead since 2009,but all the family members are not ready to provide the signatures on the papers to open the locker ,is civil court or any other court has the jurisdiction to take these papers in the custody, and easy for every one to see the documents or any other thing and under which section sir plz guide me
ts
27 November 2013 at 21:04
Hello,
As per Sec. 27 of the Delhi Rent Control Act if the Landlord refuses to accept rent then that rent has to be deposited within 21 days in the Court by moving an application u/s 27 of the Act.
I visited the Landlord but was told by his employees that the Land lord was not in the city. I duly sent the Landlord the rent for next 6 months by Money Order but the same was returned saying Door Locked of his residence ...
Now if i file the Application u/s 27 of the DRC Act, the Land lord will take a plea stating that the rent was never refused . What steps should i take now as he will always state that he never received Money Order or even the Legal Notice, if i send so now.
Sec. 27 of the DRC Act states as under-
"(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner "
S.D. Singh
27 November 2013 at 19:12
I paid certain sum to a CA for some professional work. He did not issue any receipt. Later on work was not satisfactorily done by him so I withdrew assignment. In a phone taping he admitted to acknnowlege the money and agreed to refund. But the CA is not making the refund . Whether acknowledgement of money without any documentary evidence but in secret phone recording is legal and valid. Whether secret phone recording without consent of other party is crime in any way. Can we use such phone recording as evidence in civil or criminal case.
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Submission of evidence gone wrong ?
The only Evidence towards the fag end of a the case by GPA witness DW 2, in civil case was submitted to court U/O 8 Rule 1 151 CPC
Judge kept it aside for counter
After a week or so Asst. Lawyer demanded that the evidence be marked and judge relented after ignoring the asst lawyer's demand 3 times
Was it possible that the Judge may have decided not to admit the evidence as irrelevant to the case - if it's marking was not insisted on by the Asst Lawyer there by putting the burden on the GPA witness DW2, now to prove to court under cross examination,that the evidence was indeed essential to the case
-Jagan