Naval Rungta
01 May 2013 at 15:32
I have a office premises in a registered commercial co op. society in Mumbai which was broken open by some of the members of the society with ulterior motives to drive me out and gobble up the room. I am one of the founder member of this society. A criminal case is registered and pending in MMs Court. The accused persons and current managing committee are hand in gloves and not allowing me to use / rent out the office premises although the Sessions Court has restored the possession of the room to me and I have suffered heavy losses due to this and want to file a damage cum injunction suit for Rs.10 Lacs. But I am told that I should approach Co operative court. My queries are as under:
1) Are co operative court empowered for damages and injunction matters ? If not then which court ?
2) Pl. suggest the right course of action as there have been contradictory opinions in the matter and do suggest a local lawyer in Mumbai.
shaik. Muneer Basha
01 May 2013 at 13:43
A property is entitled in the name of mother she has 4 sons and 3 daughters, out of these 7 the first 5, has taken some consideration for the relinquishment of their rights from the concern property
now the mother died
what would be the position of remaining two,
deepti jain
01 May 2013 at 13:42
whether the respondent is entitled for the cost, which is more than the main claim of the respondent.
sheela
01 May 2013 at 09:24
My late father had retired from central govt. service in March, 2008. Last year he received a bill for payment of Rs50k as arrears on a/c of enhanced rent of govt accommodation we were occupying. The arrears pertained to period 1991-2001. Can we the legal heirs claim that the recovery is barred by limitation.
sk..........
01 May 2013 at 08:03
In civil suit for mandatory injunction under which section or order /rule should i file replication pl. advice
Bhimreddy
30 April 2013 at 21:15
We R building a house on 100 Sq Yds with all the permissions on the strength of a Regd.Will year 1999. Now my sisters have misrepresented in the Court that they are constructing and we are interfering with construction work on the strength of a Unregistered will of year 2002 and obtained STATUS QUO.Please guide me how to remove STATUS QUO and whether the second will unregisted 2002 is valid or not. If valid what are the remedies for me. Thanking you in anticipation of favourable responses.
Shumaila Altaf
30 April 2013 at 20:25
if I do not move an application under order 9 rule 7 for setting aside exparte proceedings, can i still join and contest. can i lead evidence too.
neeraj044737490
30 April 2013 at 19:55
sir i have a thika tenency shop approx 450 sq.ft. now i am getting 1200 rent per month. Am i able to increase the rent to market rate applicable to this location and how it will possible. Please Guide me and upto how many times the rent will increase...
we are taking this rent from 1990
Suresh Babu Rai
30 April 2013 at 11:26
Morning Members!
The petitioner/plaintiff has filed a suit for perpetual injunction and also filed an IA therein under 39, R.1 & 2 of CPC against Respondents/Defendant No.1 to 4. The Hon’ble Court pleased to issue urgent notices to the respondents and fixed the date of appearance on 15.04.2013. On that date I have filed a memo offering to file my vakalath on behalf of all the respondents in the next date and requested time for filing of counter to defend the subject matter of the petitioner/suit. The petitioner prayed to pass statusquo orders till the date of my request, as such the court pleased to direct us to maintain statusquo and posted the matter to 22.04.2013. On the said date I have filed my detailed counter clearly and categorically stating the true facts behind back of petition under O.39, rule 1 and 2 of CPC. In fact the petitioner before filing of the suit has executed a GPA in respect of suit house to the respondent No.1 and the respondent No.3 have purchased the same from the respondent No.1 through a Regd. Sale Deed in which the petitioner/plaintiff acted as principal vendor as per the provisions of Indian Registration Act. I have also filed two third party affidavits of neighbors of respondent No.3 denying the possession of the petitioner/plaintiff over the suit house along with their attested copies of ration cards for the proof of their identity.
The petitioner/plaintiff with an intention to drag the matter have filed a petition under 19, rule 2 to summon the third parties for the purpose of cross examine them to illicit the truth that their signatures are tampered and they do not know the contents of their affidavits filed support of petition filed under order 39, rule 1 and 2 of CPC.
I have filed a counter showing the ill intention of the petitioner to drag the statusquo orders passed in O.39; R. 1 & 2 of CPC the petitioner has filed the present application as the justice delayed is justice denied. It is not the junction to cross examine the third parties to decide the O.39 R.1 and 2 application and they can summon in the main suit and court can frame an issue in this regard and can settle that issue in the main suit. The matter is posted for arguments of both sides.
Any suggestions please…
Thank you one and all.
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Validity of poa ?
I have given a POA to a close relative in the year 1990 and it is notarized with a notary in Mumbai.
Do I have to make fresh POA ?