SANTOSHSINGH.
26 March 2013 at 15:07
Plaintiff has filed suit for permanent injunction.
1) Cross of plaintiff is over.
2) plaintiff do not want to examine any witness.
3) However some documents are needed to be submitted.
Now there are two options that is whether documents should be submitted before closing the evidence of the plaintiff or the documents should be submitted after evidence affidavit of the defendant has come.
And at that late stage documents submission by plaintiff will be allowed.
Ashok Kuvadia
26 March 2013 at 13:37
QUERY : Violation of Statutory Provision is a FRAUD & BREACH OF TRUST ?
Dear Experts,
(01) I have filed a Dispute against our Co-operative Housing Society at Co-operative Court appearing in person.
(02) The Secretary of our Society assigned to himself the Development Right to construct additional floors over existing building. To get this thing done he forged and fabricated General Body resolution by forging my signature. Then created a story that everything got lost. My signature established forged by Opinion of Police Hand writing expert, FIR & then Charge-Sheet filed.
(03) Rule 57 of Maharashtra Co-operative Societies Rules, 1961, prohibits office bearer of a co-operative housing society from being interested in any contract made with or by the Society, is read as under.
Rule 57: Prohibiting against being interested in contracts, etc.,--
(1) “No officer of a society shall have any interest, directly or indirectly, otherwise than as such officer,--
(a) In any contract made with or by the society; or
(b) .... xxx .... xxx .... xxx ....
(c) .... xxx .... xxx .... xxx ....
(2) .... xxx .... xxx .... xxx ....
(04) Thus being office bearer of the Society, the Secretary was debarred and prohibited by rule 57 of MCS Rules 1961, from being interested in any contract with the Society.
MY QUERY :
(a) Can the contract awarded to the Secretary is therefore FRAUD since it is in violation of Rule 57 and is against the public policy ?
[ IF answer is NO to (a) then by considering the definition of Fraud as per S-17 (2) of Indian Contract Act, i.e.- Fraud is the active concealment of a fact by one having knowledge or belief of fact. Can this Act of active concealment of fact being debarred by statute be considered as Fraud ? ]
(b) Can the contract awarded to the Secretary is therefore ILLEGAL, NULL & VOID since it is in violation of Rule 57 and is against the public policy ?
(c) Can the contract awarded to the Secretary is therefore BREACH OF TRUST since it is in violation of Rule 57 and is against the public policy ?
(d) Can the contract awarded to the Secretary is therefore MISAPPROPRIATION OF PROPERTY OF SOCIETY since it is in violation of Rule 57 and is against the public policy ?
(e) Is there any Orders of S.Crt or H.Crts ?
Regards to all and thanks for your valued guidance till date.
Ashok.
anuradha
26 March 2013 at 10:38
what is the procedure in civil suit when the plaintiff or his advocate is not appear for 3 to 4 dates before framing of the issues, then what is the effect of non appearance of the plaintiff, is the court impose cost upon him or either court issue the notice to the plaintiff or any other procedure of the court.
please guide me!
M Satyanarayana
26 March 2013 at 09:17
Sir,
I filed partition suit against my sister for 1/3rd share in my mother's property. My sister won the case against forged will in the trial court. I appealed in the High Court and got my share 1/3rd and my father's share 1/3rd and passed preliminary decree by the High Court in 2010. My sister appealed against the High Court order the same was dismissed in the same year. I filed for final decree proceeding. To my misfortune my final decree proceeding were stalled by sister and their family members in the trial court by adopting corrupt ways and bribing the staff to prolong the dates for passing final decree. I got an order also from the High Court directing to complete the final decree proceedings within 3 month's time. But to my misfortune the High Court order is not executed, the case is still pending for passing final decree. My counsel (advoate) is trying his level best to get final decree proceeding but without success. The case is pending for final decree from the last 3 years after preliminary decree confirmed by Supreme Court. My sister on one pretext or the other the case is being prolonged.
Please kindly advise I will be grateful. Is there any other way in the court to expedite my final decree and final execution of partition suit. What are the options before me.
Thanking you,
MSN
pushkar
26 March 2013 at 05:46
Dear Sir,
My father had two names, on his all legal documents he has his official name, but on his death certificate he has his nick name.
The hospital is refusing to change the stating that we told them this name and it is not their mistake, Municipal Corporation is saying that they need correction letter from hospital.
Now can I get an Certificate from court stating both name belonged to same person, so as to present it to PF office & LIC.
Thanks & Regards
Pushkar
payel
25 March 2013 at 21:09
hello i would like to state that i am going thru a contested divorce and i want my case to be withdrawn so that i can go ahead and file a fresh case..i have sent this querry before too..my lawyer said it takes 6 months to withdraw ..is it true?
is it necessary for my ex husband to sign the papers if i withdraw the case? and when can i file a fresh case against him?
payel
25 March 2013 at 20:50
hello..i want to know how long and what are the procedures involved to withdraw the case in a contested divorce?
after withdrawing the divorce how long can does it take to file a fresh divorce?
brs
25 March 2013 at 20:20
hello experts,
one of my friend gifted a property to his wife and simultaneously she gifted to her mother .
now his wife is not like to live with him and make always problem .
can he take his gifted property ?
now he is totally upset about the married life and like to get divorce too.
what are the solution will be helped to remedy .
s b krishna
25 March 2013 at 19:29
What is formal sale deed ? is it valid in the eye of law today in India ?
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Notice has to reach atleast 15 days before?
An Petition was filed for Survey in city A.
Petitioner stays in city B.
Petitioner received the notice jut 2 days before the Survey.
(ie on Saturday and Survey is on Monday)
The surveyor letter represents a back date.
The notice was sent in private courier but not in post.
Petitioner was not in Town when courier received. But was informed about the surveyor notice
However, petitioner was on time. But the surveyor did not do survey and took the notes from the others who are on the land and closed the matter.
Is Surveyor corrrect?
Now, the Petitioner is the aggrieved party.
Queries:
1)Any rule/order that a notice has to reach the petitioner atleast 15 days before.
2)Any rule/order that it must be sent through Regd. Post Ack Due.