RAMJI
21 September 2013 at 11:03
Dear Experts
This is reg IA filed by one of defendants under O 7 R 11 for rejection of plaint. Resp /Plaintiff filed counter, arguments on both sides over and Resp/pltf filed written arguments too... Judge recorded on 30.08.2013 and posted for orders on 19.09.2013. Parties were waiting for orders on the day and were prepared to file caveat also at HC. At the end of the day 19.09.13, judge simple posted the orders to be on 29.10.13 reasoning that orders not ready as judge is engaged in other urgent cases etc.,with this background, my questions are:
1. HOW MANY TIMES A JUDGE CAN POSTPHONE THE ORDERS FOR WANT OF HIS OWN REASONS?
2. Is there any legal way/ideas/remedies available to get directions from High court to lower court judge for DISPOSING THE ORDERS WITHIN XYZ MONTHS.
If so, pls tell what is to be done to stop this habitual postphonement of orders when both parties are not at fault and neither hindered.
3. any other views pls
regards
ramji
vinaykala
21 September 2013 at 09:45
dear sir,
in case of a suit for possession filed by me at delhi high court of a residential willed to me thru a probated will, my younger brother has unauthorisedly occupied it and is running a guest house on the floor.
he gave an undertaking in delhi high court that he shall use the floor for only residentail purposes and would pay market rent in case the case is decided against him.
even after cr examination is over, he continues to use the floor as a guest house which has been admitted by him and also proved before the delhi high court thru documents.
my lawyer suggests going for contempt of court.
i find that in most cases the culprit is let off with a warning and also the fine is too little to be a deterrant.
i seek the following information
1. is it worthwhile to go for contempt in this violation in a civil case.
2. how would it benefit my case which is schduled for arguments at del high court inn jan 2014. will it establish that the guest house continues to flourish even after the cr ex and i get mesne profits for this extended period too?.
kindly advise sirs
vinay kala
21 09 13
Suresh Babu Rai
20 September 2013 at 18:59
Respected Members!
I have filed a suit for damages for an amount of Rs.40,00.00/- on the file of IV Addl. District Judge. The facts of the case are:
An engineering college was established at my village and the same is functioning under an Autonomous University. It was a new establishment and due to non availability of accommodation, the Registrar of so called university and the principal of engineering college (affiliated college to above university) intended to provide private hostel facility to their admitted students at my village as such they have offered my client to provide hosted facility to their admitted students. They have exchanged the letter of communications such as willingness, rules and regulations.
My client has accepted for the said offer of both and 150 members have become her hostellers. My client and the principal of college have entered in to an agreement, which was reduced on a 100/- non judicial stamp paper. The outlines of agreement:
i. This agreement is valid for two academic years i.e. August.2011 to August.2013.
ii. Either of the party may terminate this Agreement hereunder, for their convenience by giving 3 prior notices to the other party.
iii. Any dispute, controversy or claim shall be finally settled within the jurisdiction of my district.
The principal used to pay the agreed amount for my hostellers through cheques every month. Almost a year there is no dispute and the performance of contract was going smoothly and healthily.
When the permanent structures (Buildings) were ready, it is very unfortunate that the Principal of so called college has shifted my hostellers without intimating my client or without issuing any prior notice of 3 months as agreed in the agreement signed by the principal and my client inform of witnesses.
I have issued a legal notice to pay an amount of Rs.9,00.000/- towards 3 months hostel charges for the hostellers of my client and Rs.1, 00,000/- towards loss of food grains and all. I have also mentioned in my legal notice that on failure to meet my demand to pay the above amount I will initiate legal proceedings against them for damages and loss sustained by my client.
Neither of them have replied for my notice nor paid the agreed the amount as demanded by client. Failure on the part of above, I have filed suit as stated above. Both as the principal of college and Registrar of University were set ex parte and subsequent proceedings the suit is adjourned for arguments.
I have claimed an amount of Rs. 9L for 3 months amount.
Also claimed an amount of Rs.1L for loss of food grains.
Rs.30, 00,000/-for purchasing of utensils, rice, advancing for accommodation, electricity charges, staff salaries and etc.
While my arguments are going on learned Judge asked these questions to satisfy him
1) Whether the Registrar of University is also laiable to pay the suit amount as prayed for ( As I have taken a plea that the defendant No.1 {Principal} and the defendant No.2 are jointly and severally liable to pay the suit amount.
2) I have no objection to grant an amount of Rs.10 L as damages for breach of contract from the defendants, but how come I grant the remaining amount of 30 L for utensils, advancement of utensils, worker salaries etc..
Pls guide me properly to get my suit decreed..
Thank you one and all particularly who paid attention against my query.
Yours sincerely,
vinaykala
20 September 2013 at 18:47
dear sir,
i filed a suit for possession of the second floor at a house in GK II which was willed to me by my mother thru a probated will. the second floor was unconstructed. my brother who was willed the first floor built temp rooms on sec floor, 3, and is running a successful guest house.
it has been admitted by him that he is running the guest house at rs 4400/- room rent per day from oct 2004. this was at the cr examinaation held in early sept 2013.
he has also admitted a receipt which he issued in october 2004 for rent received at rs 4400/- per day for three rooms.
the advertisements put by him online at sulekha.com has also been admitted by him.
in short it is established that he is running a gh on my sf from 20004.
my present lawyer informs me that dispite this evidence the judge may not consider it sufficient evidence to prove it is a guest house and may grant rent for residence instaed of aguest house.
investigation by three govt departments have also revealed that the second floor is used as a guest house. these documents are all proved, lux tax dep, CIC and the local commissioner appointed by the court.
my query is:-
1. in the circumstances narrated above does the judge really have a leverage to call its used as a residence and not as a guest house?.
2. in case he decides so and I go for appeal my lawyer states that though I shall get possession of the floor, the matter may be kept pending for over 10 years if i appeal?
may i be enlightened on the 2 queries above?
vinay kala
sep 20 13
MSC Shekar
20 September 2013 at 15:44
A RTI Application was made to the Directorate of Treasuries and Accounts Department regarding which sub Treasuries in all districts of State are maintaining a particular Official Record.
In my opinion the Directorate of Treasuries and Accounts Department should be having this information.
But, They are asking me(the applicant) to make fresh RTI Application to each and every sub treasury office (details in their official website) in the state for existence of that particular Official Record.
Is the action mentioned herein on the part of Directorate of Treasuries and Accounts Department Correct under RTI Act?
Thanks in advance.
swagat
20 September 2013 at 14:19
In case of bank lease what has to be done when we are vacating the premises. what all documents should i obtain from the land lord after leaving the house?
S.R.Venkatraman
20 September 2013 at 13:29
Dear Mr. Rajkumar,
I am immensely thankful to you for your suggestion - What I actually failed to mention was that the other side had registered the property in a different non-existent survey number using bogus documents such as patta, etc without any link or parent document and are forcefully entering my land stating that this is their property although I have a clear title deed and all other land related documents without any encumbrance or let, having inherited this property from my father.
I have filed the complaint to sub-registrar to cancel this bogus registration.The police has not taken any action against my complaints against these land grabbers.
I have already registered another complaint with sub-registrar paying a fess of Rs.100/- enclosing copies of the bogus documents.
I would like to know whether any other remedy is available in this case which will help me to cancel their falsely registered documents.
A.JAYASIMHA
20 September 2013 at 11:38
There was a Partition in the year 1987 among our family Membersand it was acted upon.In the Partition the 3 sharers have givenup their share by attsting their signatures.And other three were alloted share and subsequently since 26 years lotof alinations New constructions were on the peoperties alloted to the other three members .Now in the year 2010 the three members who has given up their shares(FEMALE) in the Partition of 1987 have filed a suit for Partition and TI was Granted.case is pending and all the Proceedings were stayed by the HIGH COURT due to insufficient Court fee.My question is can a divide my Share of Properties to My Children?
sk..........
20 September 2013 at 09:11
In civil suit i filed application to reject the plaint on jurisdiction point,the opposite
party filed counter now-
1- can i or should i file any reply to the ccounter.
2- Is is not necessary to reply.
pl. do not state mention full facts or
queryis acedamic.
if not possible thks.
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Cancellation of mutation
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