sahil gupta
07 February 2013 at 11:43
Please provide the grounds on which order of an administrative authority may be quashed under Administrative Law.
I also need the judgments to support your arguments.
Thanks
M Satyanarayana
07 February 2013 at 10:57
Sir,
In the partition suit after preliminary decree the respondent has gone for appeal. If the defendant/respondent files document under Order 41 Rule 27 C.P.C. in the appellate court claiming interim relief and subsequently rejected at the admission stage itself without any directions for remand to trial court and the same documents reproduced in the trial court under Order 8 (1)(a) Counter claim supressing the material fact from the court the alleged document is unregistered relinquishment deed and has been rejected by the Supreme Court. Can the defendant has legal right to agitate the case in the same suit that has been produced in the appellate court and again produced the same documents in the trial court to prolong the litigation. What evidence is required to prove the same.
Can the trial court ask the respondent on what grounds the respondent appeal in the Appellate court because while filing the document the respondent admitted he has gone for appeal but have not disclosed the grounds of appeal. Is it not the right of the plaintiff to know on what grounds the respondent has gone for appeal and what documents were produced in the suit. The plaintiff is placed at disadvantage position if he does not know what documents were filed in the Appellate court and there is no guarantee that the same documents were diverted in the lower court once rejected documents at the appellate court.
Please kindly advise whether such documents are tenable or maintainable under law.
Thanking you,
MSN
rasssssssssssssssssss
07 February 2013 at 10:42
Dear Sir/Madam
In 2006 purchased property and applied for mutation but than some group brought objection stating that the some part of land purchased by me had their claim, but then after it was proved infront of the collecter that their claim was not right and I got my mutation done in 2011. Now again the group took the matter to the civil court and the court summoned me for settlement of issues. My question is :
I want to sell the property as presently I am in need of money Can I sell it? I have discused this with my lawyer and he told that as the court as not issued any stay order to the property I can sell, But I am skeptical bcoz as the matter is in the civil court. please help me.
KmeduVishnu
06 February 2013 at 22:46
Dear Experts,
It is a suit on promissory note.
When the suit is posted for commencement of trial , the plaintiff failed to appear as such the suit was dismissed for default.
Then within 30 days the plaintiff moved an application for restoration of suit.
In that application, Notice was ordered to defendant.
Defendant received the court notice but failed to appear before the court as such the “restoration of suit petition” was allowed on exparte and the suit was restored on file.
Now my doubt is, if the defendant received the court notice in the said restoration of suit application, but failed to appear as such:
(1) whether the suit may be posted for exparte evidence in the main suit; or
(2) whether the suit may be posted for original stage as it stood before dismissal, namely it should be posted for “Trial”.
Kindly advice me in this regard.
Saravanaraj
06 February 2013 at 18:24
Drear sir/Madam,
I am in coimbatore,i go for take a passport,but now i have for PCR Case for last 4years still case not closed,but i want passport,how get the passport,please give the solution about my Query...
sreekumar
06 February 2013 at 18:17
1987- Bought the property through army quota, in my name, money paid by me, but the payment details of bank not available.
1987 to 2001- Given for rent, rent collected by my father, I never interfered.
2001 to 2002 – renovations done, money paid by me, bank details available.
2003 My sister Nisha occupied the house, after the permission of my father, informed me later. A small amount of money in the form of gold for a period of 33 months was paid as rent which was advised by my father.
2003 – 2004 my father and my elder sister died subsequently.
2006 when the gold chit over, I asked her to give as money only to me not the gold chit, initially agreed, but not paying the rent. After so many attempts, she was not ready to give me money, or house to me, so I went to court, for the rent, but dismissed my case since I did not have any documentation pertaining to her stay.
2007 Since Nisha was holding all the jewelries of mine and my mothers, not ready to give it to me, because I was not signing a NOC for my father's property in to her name, so I lodged a complaint in the police for my jewelry and the share of my mother jewelry. Both Nisha and my brother Jothi agreed to give me, in a common place in Delhi, but they did not.
2007 same year Nisha sent me a court order of temporary injection of my property, and then she applied for permanent injection.
2007 to 2011 during the case period, case referred to lok Adalat, but failed.
2011 Nisha got permanent injection, I went for Appeal, during this time we produced the documents, that nisha was not occupying my house to my lawyer.
2013 now my appeal got dismissed, exact reason for dismissing not known immediately.The operative portion read as under
"
"the appeal is hereby dismissed,confirming that degree judgement of the trial court in OS2853/7 dt 28/6/11,however by realising the tentency of the case by awarded no cause in this appeal"
Request for advise on
1. I want know can I occupy forcefully, if I do what will be the consequences?
2. How to get my house from my sister? I am staying in a rented house in same city.
3. Sale deed, in my name, property tax paid by me.
4. From the ration store, proof is there that she is not staying there
5. The electricity and water also cut off from my house.
6. Nisha,s husband is using it as Godown with some goods.
7 please read and tell me what remedies I have
8. Does the appellate court decision means it is a tenancy and I can collect rent
9.In that case can I file for arrears of rent and posession
10 Is it a case of adverse possession ? Is such a rule valid in India?
11. It is my hard earned money while I worked in Army. I trusted my sister and brother.So I did not keep a copy of the cheque details with which this flat was purchased under army quota.
12.My sister has also occupied a flat in the city whch was purchased in fathers name.
13. What remedy I have? Please tell me
pls advise
sreekumar
06 February 2013 at 18:05
My sister was allowed to stay in my house during my career days in many States.On my retirement she is not vacating. When i threatened she got an injunstion alloing her peaceful stay. How to get my house back? All documents are in my name.including property tax. she has her own house separately.citi court has disallowed my appeal against injunction
minsal
06 February 2013 at 16:38
Sir/s,
A Trust is firmed with intent to construct certain numbers of flats and allot to its beneficiary(Members) on the term of no profit no loss. (the buildings are under construction) for the same scheme all members have to pay a certain amounts vide monthly installments.
during theses some of the members are expired and due to dispute between the legal heirs no one has paid the amount of monthly installments. some members have stopped the payment of installments without any reason or notice.
now the maximum numbers of members who paying the installments regularly demanded to expel those members who are defaulters.
is it possible? if so then what will be the procedure to expel those members? and where we have to file an application for the same?
Sir, pl. help me this is a good opportunity i've got and with your esteem help i may get a good client.
Thanks in advance.
Krishna Gopal
06 February 2013 at 16:03
I want to know whether registration of gift deed is compulsory or its optional..
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