SANDEEP KUMAR
14 April 2013 at 22:36
in a civil suit, what are the stages before decision is given by the court after reply to the suit is filed by the opposite party.
what is the procedure to file a case of declaration where a person missing from last 10 years. please submit the format with law and rulling.
imthiyaz
14 April 2013 at 14:56
Dear Sir,
In a muslim family there was a partition in 1980 u can call it a conspiracy against sisters as brothers made use of illeteracy of sisters and taken their signatures on partition deed by saying lies, In that partition deed some of the brothers got a valuable revenue land of 40 acres but the actual land of father was 50 acres, but as they were in a hurry to execute the partition they did not look into the revenue records and got only 40 acres registered in their names in 1980 later they changed the records in tahsildar office for 50 acres by booking the authorities in 1981 without the knowledge of sisters, and this fact was not known to sisters till now, these cheaters brothers then sold this land to a developer in 1988 and the developer has is using the land as golf course, now the sisters have come to know in 2013 about their fathers land 10 acres which was left out in partition in 1980 but by fraud has been sold to builder by altering records.
Can these suffering sisters claim this property by filing a case against developer and brothers. whether adverse position comes in a way.
Rgds
Imthiyaz
adv.durgadas k.kulkarni
14 April 2013 at 14:45
R/Sir,
Suit has been filed on 22nd March 2013.
Both plaintiff and defendant have argued their respective case before CJJD below an application for temporary injunction on 4th April 13.Then matter posted for an order on 10th April 2013.On posted date an order has not been passed and Court again posted matter on 18th June 2013.
Their is apprehension to the plaintiff about dispossesion by the hand of defendants. Therefore he wants protection from Court.
At this stage which step should take by the plaintiff?
Deepak Vanjare
14 April 2013 at 12:28
If sales tax authority attaches ovrdraft acct of a sme for recovery of sales tax dues under section 33 of Maharashtra value added tax act 2002 is it legal.What recourse is available to the sme unit.
RAVI AGRAWAL
14 April 2013 at 11:49
Sir, I am defendant in a tenancy suit. I had filed a document which contained the address of plaintiff elsewhere to prove that a he his residing at some other place which is owned by his wife. In that document only the word address was mentioned in the heading. During cross the plaintiffs advocate asked a question to me that whether the word reidence address is used in the heading. I obviously had to answer no. Now i found another document in which the heading is atly mentioned as permanent residential address. But now the court is not allowing the document saying it is delayed. I filed a writ in the high court but high court didn't admitted the writ saying that defendant is adopting delayed tactic. The said dcoument is very important to prove that that there is no bonafide need of the plaintiff. Please provide me some case laws whereby it is held that additional document being filed the need for which has arised due to cross examination is not a delayed document.
Please help urgently as next hearing is on 17.04 and before that i have to file a appeal in SC.
nagarajupatro
14 April 2013 at 09:26
good morning all the experts
An mediator entered in a dispute between two parties i.e., A & B, settled the matter.
During the settlement the mediator X and B party consists of 4 brothers entered in to an agreement and executed a unregistered deed.
Facts : A party purchased land from B party and issued cheques basing on the same B party filed NI Act Cases, upon that A party valued 1acre site Rs. 1 lakh and agreed to pay 2 lakhs to 2 to 4 of B Party and 2lakhs along with 0.50cents land to the no.1 of B party as he had one blind unmarried daughter. As per that deed the dispute between A & B is settled in those terms . While the settlement the mediator X agreed to act on behalf of the A party and to implement the conditions laid in the unregistered agreement. 2years ago with the intereference of the mediator A party sold some extent of land to one realtor and recently the mediator planned to fix boundaries to remaining land. At that time the no.1 of B party went to the scene and asked to register 0.50cents in his name, the mediator rejected for the same and again asked and suggested to have a talk between all the 4 brothers and to reply in whose name the said is to be registered. Its all upon the institence of 3rd member of B party. Thus the mediator violated the conditions of agreement and failed to execute the same. In fact he has to register that site as per the unregistered agreement, later if any dispute arises remaining parties may claim for their share. In this juncture what are the steps to be followed and action to be taken legally against the mediator for violating the conditions of agreement
Muzaffar
13 April 2013 at 20:29
Dear Experts,
My mom is party in a suit in high court. She doesnt know how to read and write. I want to check the whole case file to understand the facts and help her to co-ordinate with lawyer.
Thanks in advance
RAJ
13 April 2013 at 19:00
Dear Ladies and Gentleman,
I request you to provide your valuable guidance after read my post completely instead of saying, please contact the local lawyer because, I posted this many times in different different forums. So, please help me…….
Sir, my grand mother father had two child one is my grand mother and another one was her brother. Since, she is illiterate and innocent she didn’t know anything about their properties and she simply passed her life with us. One fine day, her brother son came to her elder daughter house and said that, he is goanna redeem their land which was pledged for my grand mother marriage and he needs my grandma sign to redeem… her elder daughter and his husbands or all useless, they don’t anything and they added my father along with them and started to demand the money to sign range started from 50k to 3.50k. 3.5 was finalized and they agreed to sign without knowing in which paper they are going to sign and also not discussed with mom. Since, he is working in local registrar office and cleverly planned took only grand ma and my father to registrar office. With this local influence, everything was perfectly organized in advance. My father and my grand ma couldn’t to do anything, they were not allowed to read or read by someone to understand what was stated in the papers. My grandma signed nearly 10 to 20 papers and they got signature from my dad in a blank paper but my poor father signed without reading it, he signed it in that paper. Everything was happened with in two days and I was not there at that time, otherwise I wouldn’t have let this to happen.
Ok, Let me introduce myself, my grandma has two daughters, I am the son of her Younger daughter who is doing research about this issue now.
Some important details what I found for your reference.
The reason what was stated by him is fictitious and he didn’t redeem anything.
They sold the land to one of the EX political party councilor for the value of 35000 per cent as per the registrar office records and the land area is about 2 + acres.
The transaction was happened in 2009 Oct
The property where they are living currently also belongs to our great grand fathers (ie. My grand ma father) and he didn’t earn anything on by his own.
Before I ask questions, you might ask, what you would have done so far... actually, I was not sure about anything… the reason , I started this is, I got a little info from unknown person that tempt me to find the more details. Initially, I din have survey, but I will have on this Monday...
My questions
Though my grand ma and father signed in those papers it’s clearly shows, it’s a well planned cheating case.
Is there any possibility to charge a criminal case against them?
My grand ma only signed in those papers and not her legal heirs.
Is there any act saying that; legal heirs should sign when selling properties of great grand fathers?
I know, it’s become legal when they signed in those papers whether they known or not what they are doing however, I also strongly believe that, there should be some act in law which can protect the innocent people who was cheated by others.
Signing in unwritten papers is really foolish!!
What can I do for this?
The property has been changed to his name currently (My grand ma brother son) as per the knowledge of talk office guys.
I believe that, when they took my grand ma, they should have got signed for some other documents….
I would like to seek your valuable advice here…. What can I do?
Please advice me to proceed further?
Which one is correct to file either criminal or civil?
I believe that, someone will give your extraordinary feedback here.
Simultaneous proceedings
during the pend-ency of writ petition under 227 the petitioner filed civil suit where reliefs is common. now i know simultaneous proceedings for same subject matter and for same reliefs are maintainabal