Dilshad M. Merchant
24 July 2013 at 18:34
Dear Sir/madam,
I am a defendant. One of my agent for my Investment firm, had misused my blank signed cheques (2) for his benefit, so he filed 2 false cases against me in the Mumbai Metropolitan Magistrate's Court at Kurla. Although he lost both cases and the judgements were given in my favour and I was acquitted in both the cases as the legal liability was not proved, he again filed 2 cases for the same lost matters in the City Civil Court. he has filed 2 seperate summary suits for the 2 cheques which he misused against me. but i would like to bring to your notice that both cheques are related to one matter only since he has filed same documents in both cases as he had filed in 138 matter in Kurla court. In 138 matter at Kurla, one case was filed and notice was sent after the deadline from the cheque bounce date. This is the same second case in which he has filed summary suit against me. is this second summary suit valid or will it be dismissed ?? I want to know what are the limitations to file the case at city civil court in 138 matters, wherein the case in 138 matter was passed in my favour due to "legal liability not proved" and "the date to file the cheque bounce case from the bounce date was not maintained". I also want to know, the 138 matter was filed in the year 2010, and the judgement was given in 2012, then the complainant could have appealed in higher court, then how come the case is filed at city civil court for the same matter, and what is the duration for the same if the case is filed on grounds of 138 when the cheques were issued in 2010. Please reply soon.
thanking you,
Yours sincerely,
Mrs. Merchant.
Nikit Rastogi
24 July 2013 at 18:17
Dear Member,
Pls guide me to the process of filing petition before Court for getting speedy disposal of case under the Civil Suit. Which court need to apply whether in prevailing court or in High Court and how much time it will take. Its urgent.
basavaraj shiromani
24 July 2013 at 17:05
Father died leaving behind three sons A.B.C. and they residing together. A is having 2 male issues. D and E. Quarrel between A and his sons D and E. Both D and E claims partition against their father A. What will be the share of E and E. Whether they are entitle for partition.
abhimanyu
24 July 2013 at 17:02
Please advise how practically list of witnesses is filed in a civil case in a district court means which form is used for the purpose. Further, whether it is filed before evidence or when evidence of plaintiff is over.
SANJAY
24 July 2013 at 16:55
I AM GOING TO SERVE DASTI NOTICE TO RESPONDENTS ON BEHALF OF MY MOTHER IN LAW WHO IS PETTITIONER
PLEASE LET ME KNOW WHO SHOULD FILE AFFIDAVIT OF SERVICE AS I AM AS HER REPRESENTATIVE GOING TO SERVE PERSONNALY
PLEASE GUIDE
THANKS
REGARDES
SANJAY KULKARNI
9823269077
Ramesh
24 July 2013 at 16:30
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family, my Grand Father had given a lease in an an inam land on a permanent basis to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Only an area of Ac7-07 guntas; which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised in a ratio of 60/40 in favor of litigant/ lease holder.The compromise deed is signed by the GPA holder(who he is not authorized; condition to compromise is not written in the GPA).
Please go through the attachment, where in High Court of AP, my Advocate not able to contest the case properly, may be because he don't want...
{As i am not able to attach the file i am posting the same here, please; Issue No.1: What was the extent of the land leased out to Mrs.'k’'s husband?
The appellate authority held that the entire area ad measuring Ac.49.39 guntas was leased out buy late Sri.'B' in favor of late Sri.'N', in old survey No.279.
The appellate authority reached this conclusion after personal inspection of the property in dispute, the examination of original lease deed and the other attendant circumstances like Revenue Records.
The learned consul for the petitioners Sri.'PR', made an attempt to demonstrate that the conclusion reached by the appellate authority is not correct. On the other hand, the learned counsel for the respondents Sri.'SuR' submitted that it is a question of fact decided by the appellate authority, on appreciation of evidence and this court in exercise of its jurisdiction under Article 226 of the Constitution of India , will not sit as an appellate Court, to re-appreciate the evidence and interfere with the finding of the fact rendered by the competent statutory bodies.
I accept the submission made by the learned counsel for the respondent-Sri.'Su R'. It is a settled principle of law that this court will not in exercise of its jurisdiction under Article 226 of the Constitution of India, sit as an appellate Court to re-appreciate the evidence for the purpose of judging the correctness of the finding of fact recorded by an inferior tribunal unless it is demonstrated that the finding is absolutely perverse or based on absolutely no material It is not the case here. There was some material before the collector to reach the conclusion and in reaching the said conclusion; he categorically discussed each and every aspect and the evidence available on record. Merely because an alternative view is possible on the said evidence, this court will not be justified, in my view, in interfering with the finding of the fact.}
my question to ALL EXPERTS of this distinguished forum is:
1)How, i can win/over come this compromise entered by the GPA holder.
2)How, i can convince/win courts confidence in establish that the lease holder version is wrong, and my version is right.
Thanking you ALL in advance,with a request for an early reply please.
SAGALA
24 July 2013 at 14:56
What are the dearness relief rules under 55 A of CCS pension rules on re-employement of Central government pensioners
Shiv
24 July 2013 at 12:34
INTERPLEADER SUIT filed by BANK
Claimants wife & husband
Scenario:
In this Interpleader suit properties involved are NRNR (Non-resident Non-Repatriable Term Deposit Account) Fix Deposits in Defendant's (husband) account.
1)Interpleader suit been filed by bank in court on objection of wife to make payment to Defendant husband for payment of Fix Deposits. There has been a dispute between husband & wife. Even though they are not divorced both husband & wife are leaving separately since 1996. The suit is in process since last 10 years. In the Bank has mentioned that it has transferred the Husband's FDs in the name of wife on 'oral instructions' of husband. Even though bank has done breach of banking procedure & covering up the transfer in the name of oral instruction. Husband has alleged his wife for cheating on him while he was abroad and siphoning off all his self earned money while he was abroad. The originals of certificates of FDs are with wife. Also bank states that the FDs are having been converted to operating mandate as 'either or survivor' on oral instructions. Now unfortunately after fighting the case for last 10 years, Defendant Husband has died recently. Since defendant husband has disputes with his wife & children he was leaving alone. And now his wife is claim all the FD payments on 'either or survivor' basis even though the same operating mandate is in question. Since Husband was staying alone he has no legal representative to fight his case further.
Further Complication in Scenario:
Since Husband was staying alone as his estranged wife deserted him in 1996. He was fighting various cases against his wife in courts. Even recently before his death he has filed criminal complaint against his wife for financial frauds and
the Hon'ble Magistrate has ordered police to investigate it under section 156 (3) which is being delayed by police since 6 months with no progress.
Now further to complicate the matter he has a Unregistered WILL which is filed for Probate Certificate bequeathing properties to person other than his family members.
Please advice on these issues:
1. How the case can be proceeded further.
2. There has been lot of application made in between proceedings of suit which are yet to be heard (i.e. counter claim).
3. Who should be his legal representative? Can deceased husband's lawyer who has been conducting is court matter for last few years proceed the matter in absence of legal heir/representative.
4. Can interpleader suit be stayed till the probate suit is decided.
5. Can executor of WILL become Legal Representative of Deceased person even though probate suit is not decided yet.
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Section 46 of cpc regarding precept
Respected seniors,
After getting exparte decree in summary civil suit I have filed an application u/s 46 of cpc to execute the same decree,but after passing a 2 years judge suggesting me to give specific details of the judgement debtor's property. I have many time argued but still judge is ignoring. Pls. Tell me what should I do to overcome from the above said issue.