Ramesh
28 September 2013 at 09:57
Dear Experts of the forum,
In my wife case; in a partition suit with her brother, we got an Injunction order from the Supreme Court of India{against number of properties/Sy. Nos}.
Part of One Sy.no 'X'( which is under Injunction order covered by SC of India) is claimed by third party, saying this land is part of their Sy. No 'Y'; which was proved wrong by AD, of Survey & Land Records, after the survey done by them.
The third party is alienating this property by showing this land is part of his Sy. No 'Y'. What should we do {my wife brother is not co-operating with us}.
Please give me your Valuable opinion/Solution, in regards to the action to be taken.
Thanking YOU ALL, expecting an URGENT reply ,please.
Deepa Punjani
27 September 2013 at 23:50
Hello. Our landlord has filed a case against us for eviction. One of the grounds that he has chose to exploit is the bona fide ground since this ground gives him greater immunity. However it has been ruled that the bonafide ground must be reasonable, honest, in good faith,and not cause more hardship to the tenant and therefore must be viewed on the basis of all material facts available.
At present the landlord has chose to exploit our defence. In our additional written statement we have proved he has more than one flat in his occupation in the suit premises. On the basis of our information in the written statement, he now wants to amend his plaint so as to take advantage of our disclosure and find a reason to further his bonafide requirement which did not exist in his plaint earlier. Since he has not filed his affidavit for evidence, my lawyer says his amendment is likely to be accepted and these points can be brought up in the cross-examination.
Is this indeed the only alternative? Can we not block our landlord's amendment on just grounds? What I would like to know is if there has been a precedent for a situation like this and cannot the amendment be justly contested by means of the obvious facts and orders/judgements if available?
Our case is filed in the Small Causes court in Mumbai and comes under the Maharashtra Rent Control Act 1999. My husband is the legal heir of the deceased tenant who occupied this premise since 1950. We have the necessary legal documents to prove so.
Your advice will be much appreciated.
Best,
Deepa P
salman khan
27 September 2013 at 17:56
whether already married man can marry to another women without permission of his first wife as per muslim law, and if the property is on joint name of both then wife can claim her right from joint property? and whether she can enjoy the same right, if her husband gives divorce her.
please go through the matter and gave appropriate solution.
Thanking you
Bibhuti Panda
27 September 2013 at 16:34
Cancellation Land Sale registration-
Mo mother made an agreement with a builder to sale property at 1.2 Cr. On paper it was decided that Builder will pay 70 Lac by Cash & 50 Lac by registering same amount of land on my mother's name. Agreement advance paid by cheque was 24 Lac. Agreement timeline was 90 days. If Builder fails to pay the rest of the maount, his 24 lacs will be cancelled. If mother fails to register, she will pay 48 Lacs.
After 30 days, builder registered 35 Lacs of property on mother's name. Then he was silent for a long time. After 9 month, mother served a notice to builder for cancelling the agreement if not responded within 30 days. There was no reponse. So after 18 month, She served another notice mentioning previous notice and to respond within 15 days. Fail to which subject agreemnt will be cancelled. Still there was no respnse.
Now after 2.5 years, the builder wants to discuss about the property. He has also threatened her that he will buy the land through magistrate power. According to him he has paid all the amount.
Any suitable solution on this case? Mother was holding power of attroney during agreement. Now the power of attroney is cancelled.
Dr.Vikas K.Chaturvedi
27 September 2013 at 09:29
I have been charged under IPC 420, 406, 416 from the Jharkhand lower court. I need some help.
Sitaution:
I have a small chunk of land(18.5 decimals) in a good locality of Ranchi district. In the year of 2012 numbers of land brokers have approached me to sale that property .Which was denied by me, as I don't need to sale that property.
after a few months some of my well wishers told me that one broker are selling your land by showing your and his agreement paper. I contact lawyer to take preventive action before being a victim. Lawyer suggested me to publish in local news paper mentioning that the said property is not saleable and any personal if involved in purchasing then it will be his responsibility because I have neither authorized nor thought to sale my said property.
After a month the broker has send me notice through his lawyer mentioning that you have made agreement with me to sale the chunk of land and after number of time your promised to register in a few days. But now you are denying, if you register that land then its ok otherwise I ‘ll got the court to register that land in my name…. I was surprised at that time as didn’t made any agreement to sale any chunk of land of mine to anyone and person send me the legal notice , it was shocking to me.
During the lawyers notice to the opponent, I come to know that the land broker has made my false signature in the agreement paper and also mentioned that I have taken 1100000(eleven lakh rupees as advance). ….it was also shocking for me….
As per my lawyer advice I made a complain in the court for forgery. Which went to the Police station for investigation. From police station, the Investigation Officer registered charge as IPC 420, 406, 416 against me.
In the same time I also registered the complain case in the court against the land broker which is IPC 420, 468,471, 120.
Now I have requested for anticipatory bail from the court as per my lawyer suggestion.
My question is that :
1. what I should do to save my property and myself at the earliest.
2. My lawyer is looking after mostly civil case. Should criminal lawyer must be involved in my case.
3. The land broker is using their power and money in police to save themselves and to have my property.
Regards
S. Choubey
N K Jain
27 September 2013 at 09:24
Sir I want to submit divorce appeal in High court of Karnataka based on cruelity.kindly suggest me format of divorce appeal in Kannataka. how I can get it. Manish Jain
Gopal Krishnan
26 September 2013 at 18:38
By a deed of assignment dated 02-03-1978 I took over a running concern in Mumbai with stock in trade, furniture, phone, good will and tenancy rights. Deed was duly registered.The proposed assignment was published in local news paper before execution.The land lord accepted rent for 4 months, March to June 1978 and thereafter
filed eviction suit alleging sub-letting.Suit decreed in 2004 and I file appeal and got stay.Experts, kindly advise whether the said assignment is valid under the law and whether
there is any case law to support.
jagadeesh
26 September 2013 at 16:10
brother filed suit partition agaiste the other brother and sister. suit dismissed for defalt. can sister file fresh new suit for partition against the brother on same suit property.
Surrender K SINGAL
26 September 2013 at 15:00
I MAY HAVE TO FILE A WRIT AGAINST MPPGCL FOR NON PERFORMANCE OF THEIR PURCHASE CONTRACT - HALF OF WHICH GOT EXECUTED BY PLEADING URGENCY FOR SUPPLY OF CONVEYOR BELTS TO THERMAL POWER STATIONS DURING SEPTEMBER 2012-AUGUST 2013 WITHOUT ESTABLISHING LETTER OF CREDIT FOR TIMELY PAYMENTS AS PER THEIR OWN TERMS OF PURCHASE ORDER THAT TOO AFTER RETAINING OVER Rs, 56 LAKHS AS SECURITY DEPOSIT BEING A PRE CONDITION FOR ESTABLISHING L.C. IN FAVOUR OF THIS SUFFERING MSE UNIT OF HARYANA. NOW MPPGCL HAS EVEN SUSPENDED THE SAID PURCHASE ORDER WHEN WE HAVE ALREADY INVESTED HUGE FUNDS IN RAW MATERIAL FOR THE ENTIRE ORDER ? CAN LEGAL REMEDY BE AVAILED AT DELHI (PAYMENTS RECEIVED ) / HARYANA (SUPPLIES FROM) THOUGH JURISDICTION RESERVED TO M.P. IN PRINTED CLAUSES OF THE CONTRACT YET TO BE FORMALLY ACCEPTED ?
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Order 21 cpc
the trial court passed J&O against the defendant and decreed that the defendant is liable to pay 15 lakhs to the plaintiff. an execution case was filed for recovery of the same and the D/H prayed that for recovery of the decreetal amount,the J/D landed property be auctioned but the said pass of the landed property is in the custody of the J/D and he is not willing to deposit the same to the court for auction sale.
so is the situation, is it proper to proceed sale without the pass of the said landed property. if it not proper, under what provision the sale proceed or recovery of the decreetal amount be made