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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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atul mehta   15 August 2013 at 20:59

Court decree for recovery

A pvt ltd taken loan from MNC finance company, failed to repay, arbitration award was made and civil court gave decree for recovery, the finance company came with bailiff of court for recovery and threatened to take away furniture,we had issued post dated cheque which is bounced, now what remedy we can take to safe guard as we have no money and have failed in business and lost all the capital. please advise also we have signed on blank papers also we had issued cheques for which they have filed cases under NI section 138

Kanti jain   15 August 2013 at 20:46

Dimissal of civil suit

In civil suit:-



1.WS was filed in 2005 but Issues are not yet framed.

2.After ws was filed,defendant had came to know that the plaitiff has no cause of action since he had used false docs.of another firm to file this suit.

pls.advice.

I believe that option is to go for chamber summons for amended ws but my question is:-

1.how do I ask for dismissal on the ground that there is no cause of action or issues between parties.can I ask for rejection of plaint or I must file Mothion to dismiss the suit.

2.Can I get some direction against the def.No2 while going for dismissal of suit.

Pls.Advice.

GANGO PADHYAYA   15 August 2013 at 20:17

Sale

Sir

Execution Proceedings (E.P.)for sale :

DHR amount is 5,22,000/-

On the day of sale auction proceedings the JDR entered with son filed the claim petition UNDER SECTION 47 OF CPC.

IN THE CLAIM PETITION SECOND CLAIMANT IS JDR IN EP


contended that DHR received an amount of Rs.1,30,000/- and filed alleged will that property belongs to son.

at this juncture the Court Proclamation sale is waived.

posted to counter

NOW WHAT THE DHR CAN DO :

THE AMOUNT RECEIVED BY HIM AFTER FILED EXECUTION PROCEEDINGS

ABOUT WILL : THE WILL IS ALLEGED ONE

JDR COMES TO COMPROMISE FOR PAYMENT OF Rs.3,00,000/-

AFTER DEDUCTING Rs.,1,30,000/-

NOW WHAT CAN DHR DO: HE MAY GO FOR COMPROMISE OR ELSE GO FOR CONTEST THE CASE:

WHAT IS THE REMEDY FOR SECTION 47 CPC.


GOVINDARAJU   15 August 2013 at 17:12

Name change in central govt. gazette regarding

Respected Sir,

I have applied for name change in central Govt. gazette and it detail as follows:

ADVT./IV/628/13 Dated. 4th June 2013. and submission date 18/04/2013.

Can I check whether my has been changed,Can I check it online, if so pl. mention the website full address.

Thanking you sir,
Govindaraju.S



Thanking you sir.

aditya naik   15 August 2013 at 15:42

Cpc

what are interrogatories under CPC ?? need a detailed explanation please !!

PUNIT KASHYAP   15 August 2013 at 15:00

Possession of house

Sirs,
I want to take guidance from you & I will be highly thankful to you for that...
My father's house & shop is under possession of my step uncle. That house is self earned house, as sale deed also showed. We have filed case for possession at city court & decision was in our favour. Then 2nd party appealed in district court & again court given decision in our favour. Then, 2nd party appealed in Pb & Hr High Court, having case no. RSA-21/1989. After winning from 2 courts, we are waiting for justice and after defected, 2nd party is enjoying victory & our property. From last 34 yrs, no any date occur in high court. My father is sr.citizen. Plz guide us, how we can win our own property.
Regards,
PUNIT KASHYAP
Cell : 098551-07860, 084374-83000

Balaji Bakthavathsal   15 August 2013 at 12:48

Impleading an enquiry

Respected Learned Lawyers,
An appeal was made to the District Revenue Officer to cancel the order issued by the Revenue Divisional officer in the year 2010 by my aged mother. The enquiry was initiated by the District Revenue Officer after a lapse of almost three years and in the mean time my mother passed away. When the notice was sent by the DRO, I represented to the DRO to permit me to appear for the enquiry as my mother passed away. My opponent object to it saying that since the petitioner died, all the legal heirs should give consent for the enquiry just to delay / prolong the issue. In my opinion, I feel that the consent of all the legal heirs are not required since the appeal is a mere request to cancel an incorrect order by the lower officer and nothing to do with the title or pwnership of the property. But the opponent lawyer says that the law states that when a person dies, all his legal heirs have to represent or give execute power conferring on a single person. Is it right ? I request learned lawyers to clarify the issue.

VISHNU   15 August 2013 at 11:59

Service matter

Sir

After one and half year of retirement the defence department paid DCRG and after 1 year pension. Representation moved to pay interest on delayed payment of retinal dues The refused saying it your some delay on employee part so claim of interest on delayed retiral dues stands dismissed.
what is remedy now?

Swarna kamal Chandra   15 August 2013 at 11:29

Faster disposal

Is there any provision other than senior citizen to get faster disposal of cases at lower and/or high court of a civil suite especially ejectment suit? If yes, whats is that?

sk..........   15 August 2013 at 11:13

Affidavit

In civil suit what is the chief affidavit.