SUNIL
10 March 2013 at 21:39
a tenant left from our house. he hasn't given 15,000 RS(5 MONTHS RENT). he has taken all his furnitures and taken his key and locks with him. HE HAS VACATED THE ROOM. he told us that he is vacating the room. but he does not have money now. he will give the money in the next day. he just left only two tube lights(only 200 RS. may be) in the room and told that when he will come to pay the 15,000 RS. then he will take those two tube lights.
BUT THE TENANT HAS NEVER COME AGAIN.
NOW WE HAVE RENTED THE ROOM TO A NEW TENANT.
can somehow we can get the money by making police complain?
Gitesh Kumar Shyamkuwar
10 March 2013 at 20:59
who is responsible for holding election of the trust.In case of President is dead. One trustee tender his resignation in 2003 and his resignation accepted in General Meeting which was held by president and the decision sent to said trustee.He filed a suiit under 41A BPT act for non calling in trust affairs the same was rejected by Ass.Charity Commissioner.But he submitted change report before Asst.Charity Commissioner.How it is possible uneder BPT Act
Adv M.D.Azhar
10 March 2013 at 20:49
sir my fellow senior filed a case which sumarised here as under,
The plaintiff wanted to purchase a shop of the defendent and for that purpose bith have decided to execute sale deed but before making full payment plaintiff has give some of the payment to the defendent as part payment and the same was registered than after the defendant handower the said property/shop to the plaintiffand he had the possesssion of that shop but than after whern he asked further payment than defendant asked him to make him sale deed first since than problem arise, the plaintiff had to take loan from the bank and he was welling to pay buy the said property was already mortgaged by the defendant therefore the plaintiff asked the defendant to clear the tiltle of the property.Within that period plaintiff had doubt that he will asked to vacate the shop so he filed the suit regarding the injunction but before passing the order the defendant vacate him from the shop and took possession of the said shop by fore at night. Thanafter lot's application given in to the court for contempt. ultimately court has given the injunction to th in e plaintiff. than defendant moved to session court session court turn the judgment of the lower court so again the origenal plaiintiff who is appelant now preffered an apeal to gujarat high court to stay the order of the session court and all other operation, court has given this relief on first hearing now mater is adjourned and will be heared. Now plaintiff ha filed application in the lower court that, now the judgement of the lower court is survive and come in to the existance because the order of the session court is stayed by the Hon'ble High court so defendant filed the W.S. and raised the objection and submitted that, High court has just given the relief which is for the stay of execution and not decided the whole matter so that suck kind of application is not tenable before this court because the matter is still pending before the high court......
Now is ther any judgment of the Hon'ble S.C.court in the favour of the present appellant that he is entitle for the possession of the said shop.
Anuj Pandey
10 March 2013 at 18:43
What is the right of second wife in ancestral property. How ancestral land will be divided among her and first wife? Say if partition took place in 1980's also has this changed now? This is for hindu family. This is for state Bihar
Anuj Pandey
10 March 2013 at 16:25
If any land has been gifted by mother to her one daughter under what circumstances it can be declared as "null and void". Which court has the power to do so and is there any ruling for it.
vinaykala
10 March 2013 at 10:37
dear sir,
i would like to know the salient features of the judgement passed by justice b n kripal and justice g s sihghvi in 2008 on landlords rights to evict tenants, even commercial ones
thanks
vinay kala
prch 10.13
Kuummaar AS
10 March 2013 at 01:05
A suit was filed about a fortnight ago where the Hon. Judge has questioned maintainability of the case. Some clarifications were given but it appears that the Hon. judge is not satisfied and time was sought for providing more clarifications. Notice to opposite party has not been issued so far.
Now it is proposed to withdraw the case to re-file the same with proper legal advise.
Taking into circumstances under which case is proposed to be withdrawn, experts may advise:
i) what reasons should be given to the court to avoid any adverse comment from the court in the withdrawal order as on the last date of hearing an adjournment was sought on the plea of providing more clarifications to the court with respect to maintainability of the case, which is being questioned by the court.
ii) Is it advisable to file written application for withdrawal, when advocate is not able to appear on the day of withdrawal.
iii) As advocate, who sought adjournment is not available, will court accept new advocate for withdrawal in the circumstances that earlier advocate sought adjournment on the plea of providing more clarifications regarding maintability.
Specialists may help please.
Ramkrishna
09 March 2013 at 22:39
Sir,
When an encroachment was being made in the set back area of our apartments, I complained to the corporation and they issued a notice to the encroacher.
As the construction was going on I approached the High Court and got a stay of construction.
Even then as the construction was still carried I filed a contempt case against the encroacher and the corporation for not carrying out the orders of the High Court.
Latter the encroacher got a stay order against the corporation from demolishing the encroached area, which was subsequently dismissed by the Junior civil Judge.
The encroacher approached the Addl, Chief Judge against the dismisal of the order.
The Addl. Chief judge also dismissed their CMA on the same grounds of the Junior Civil Judge.
Then the encroacher approache the High Court and obtaine a status quo against the corporation in a CRP, this was in 2011, the case has been posted but untill today the Standing Counsel has not put up with a vakalath.
When I bought this to the notice of the Deputy Commissioner of the corporation, he said that they have already given the para wise remarks to the standing counsel.
Now what happens when the case comes up for hearing as the Standing Counsel has not put up with Vakalath.
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Review petition.
In a suit for partition and separate possession, during the cross examination of the plaintiff, defendant filed an application u/o 16 rule 6 for production of revenue records with an intention to confront those documents. Plaintiff resisted the application on the grounds that,
-first of all defendant is to file the available certified copies from the revenue offices to find whether those documents are available in the office or not. All though the application is opposed, the court passed order directing revenue office to produce the same. But those documents are not available in the revenue offices. The plaintiff also produced the non availability certificate issued by the Revenue office before the court. 6 months are already over, but still then the court is going on adorning the suit for the documents which are not available in the revenue office itself. The Govt pleader who represented the revenue office is also often taking time. under these circumstances, is there any chance to file review u/s 114 r/w order 47 (1) of cpc against the order passed. the plaintiff is not preferred any appeal against the said order. Are there any other remedy.