vinod sharma
15 February 2013 at 16:46
Respected sir, parnam,
Can plaintiff demand both remedies one u/s 6 of specific relief act for possession of the suit property on the allegation that the defendants dispossessed him from the suit property within 6 months prior to the date of the suit and second u/s 5 of specific relief act as an alternative relief for possession of the suit property on the basis of his title in one and same suit ?
if no, then please suggest me some supreme court case law.
thanks.
Ashok Kuvadia
15 February 2013 at 14:48
QUERY :
Dear Experts,
(01) I along with my younger brother & two sisters are the Disputants (total four), filed dispute to the Co-operative Court against my Society and three other Committee members. AND APPEARING IN PERSON.
(02) I had filed my examination-in-chief & list of documents.
(03) I got crossed by Opponent on behalf of all four of us Disputants.
(04) I called our witness & then closed evidence.
(05) Opponent Society & Secretary filed their common Affidavit of Evidence. In the same they made a statement that “…consent letter is signed by my younger brother…”. (In reality it is forged, fabricated & back dated. None of us has signed it.)
(05-a) I did not cross Opponent Secretary on this point (05) during his cross examination, since not aware by the law that I have to contradict/deny on every points on which I am not admitting, if it is so.
(06) What will be its effect to this non-asking question/cross on this point mentioned at (05) ?
(07) Will it be considered that I & we admit it since I did not crossed Secretary on that point ?
(08) Is there any remedy to overcome / rectify this mistake done by me ?
(09) Please advice on earliest. ( Facts mentioned here is in brief to a limited point only. )
Regards,
Ashok.
Adv.Vishal Anil Vyavahare
15 February 2013 at 09:35
Hi Sir ,
My clients grandfather had a DEVSTHAN INAM Land and on 7/12 extract his name was inducted in 1966 he mortgaged his land 21 years with ONE PERSON but after 2 years of that mortgage that ONE PERSON purchased DEVSTHAN INAM Land from My clients grandfather by taking advantage of his illiteracy and without any permission of Appropriate Authority. and now that land is in possession of that ONE PERSON and 7/12 extract contain his name with Crop Inspetion. So after 40-45 years whether there is any Remedy for my client regarding that Land. please suggest.
Thanks,
Vishal A. Vyavahare
Advocate Chandwad (Nashik)
yogesh
14 February 2013 at 23:57
Sir, I filed the M.A in Original Application in service matter case before CAT under section 340 CrPC read with section 195 Crpc for enquiry of offences which occured during judicial proceedings as case is pending there..The regsitry has made formal clarification as it pertains to service matter the CAT whether entertain application is doubtful
I pointed towards"Any Court" which menas whether civil, criminal or any tribunal established by Act..
They have convinced to some extent, in case if they persists then moving to High Court is advisable?
Since 340 Application is filed when the matter is pending, what happens if my application interalias is disposed off in merits, then after disposal one can move to H.C under section 341 CrPC??
Shashii
14 February 2013 at 19:13
my father died a month ago. he owes approx 10 lacs to a jeweler(not all is in papers). in any way im not related to any of these transaction. will i be made legally liable to repay the debt? my father has a life insurance for 5 lacs and a shop under pagdi worth 20 lacs. what shall be my position if they claim the o/s debt from me from these sources? can the jeweler for claim attach any bank account or any FD's which are under joint names of father and mother?
Priyanka Vijay
14 February 2013 at 17:07
Hello,
Can Someone's name be changed after his death by his son?
If yes then please tell the process.
john
14 February 2013 at 16:13
My father passed away and he is survived by his wife and two married daughters.I live in Qatar.Now we need to issue a POA to a third party for settling my fathers life insurance claim in Dubai.How can we go ahead and issue a joint POA since my mother and sister are in India and I will not be able to travel from Qatar.Please advise.
anuradha
14 February 2013 at 15:12
Respected Sir,
in my case of divorce under the ground cruelty to husband filed in the court i am for the petitioner i.e. husband, now the matter is on evidence stage.
earlier date the witness from my side was cross examined and later same day i give the application to file the document on my behalf and i filed the extra copy for respondent in court on same day and court make order as to other side for say on that application for additional documentary evidence. on same day i close my evidence. next date court is vacant and later date the respondent filed the examination in chief affidavit of respondent. i also forget to mention the court about filling of documents. the said copies was neither collected by the respondent and nor any order was made on that application.
now my question is can i refer and put questions to the respondent for admission and exhibiting the same document which is evidence against the respondent. the document which filed as additional documentary evidence in the cross examination of the respondent on next date or i may mention the court about the application of documentary evidence.
please guide me!!
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Cpc
'A' a State Government employee filed a civil suit against the State in which 'B' and 'C', both are defendants and received the summons. 'B' did not appear in the Court on first date and 'C' appeared on behalf of himself only. Court proceeded ex-parte 'B' on the said date. On next date 'C' want to file reply for himself and on behalf of 'B' also. Is it possible to file reply by 'C' along with application by 'B' under order 9 rule 7 ? If yes, please mention the relevant provision of cpc and concerned authority also.
Thanks and have a meaningful day.