Manasi Khandekar
06 February 2013 at 12:24
If a husband and wife own two separate dwellings in same chawl and now there is SRA Scheme.
My question is that can they both will be alloted two different tenements under the scheme.
Please guide me.
Sadanand B. Panchal
06 February 2013 at 11:18
Respected Experts,
In my Suit the Defendant has taken out Notice of Motion for rejection of my Plaint under Order 7, Rule 11 of C.P.C. at the stage when the matter was on board to file Reply for my Chamber Summons for certain amendments in the Plaint. Without filing any reply Defendant taken out the said Notice of Motion. When I informed the Hon’ble Court about this, the Hon’ble Court directed the Defendant to file reply and also ordered to make the Notice of Motion returnable on 28th February.
Brief facts: I have filed Suit for right of way –Suit open space adjoining the main road was obstructed due to excavation and building construction-since there was smaller passage of way remained and that was also going to excavate/to obstruct, I filed Suit and taken out Notice of motion- the Defendant admitted and given undertaking before Court that the Defendant will provide a temporary access to the Plaintiffs from another edge of the Suit open space and that when underground tank and Ramp Completed, the Plaintiff will be provided access through Ramp. I opposed undertaking but the Hon’ble Court accepted the same and refused my ad-interim reliefs. Thereafter the Defendant completed construction during the pendency of my Notice of Motion. But my suit open space is minimized because of illegal construction of the Defendant therefore I have taken out Chamber Summons to amend my Plaint to show what was the earlier position of the Suit open space and what is now. Without filing reply to the said Chamber Summons the Defendant has now taken out fresh Notice of Motion under Order 7, Rule 11 for rejection of the Plaint on alleging that as per undertaking Defendant has provided the access to the Plaintiffs therefore the prayers in the Plaint or reliefs sought by the Plaintiffs in the captioned Suit become infructuous and non-existent therefore the Plaint be rejected.
I am worried about this act of the Defendant that under the order 7 rule 11 the Defendant wants to reject my Plaint alongwith pending Notice of Motion and also pending Chamber Summons. Kindly explain me Can I pray the Hon’ble Court to amend my Plaint first and thereafter decide the Notice of Motion taken out by the Defendant under order 7, rule 11 of CPC? What to do in this matter? The Defendant came before the Hon’ble Court with unclean hands and to suppress the material fact that the Defendant has grabbed the portion of the right of way( Suit open space)
Kindly give me suggestion as per my above query.
Regards,
Sadanand Bhisaji Panchal
Mrs.n
06 February 2013 at 10:51
In one of summary suit the order have come in our favour against def.no.1 and that defendant have made appeal.(HIGH COURT-MUMBAI)
since last one year that appeal is not able to admit.it is geting listed but still it does not reach and heard by board.
there is so much delay .pls suggest what is the option to speed up the process
B Singh
05 February 2013 at 20:57
Court has passed status quo orders till final decision and duly mentioned in the orders that property is joint as well as I being the co-owner also has the right to utilise the same. But my brother does not allow me to enter the house. I requested my advocate to file application u/s 151 besides contempt of court but advocate ignores the same for filing. Kindly advice me if I can engage another lawyer to file said application u/s 151 and contempt of court against my brother. Also advice me if I need to approach the high court in this matter whereas the orders of status quo has been passed by civil court.
Rid
05 February 2013 at 19:08
there is case of sterilization operation performed by doctor negligently and lady want to claim damages for it.. Is she claim damages for it if she conceived child after 4 years from d date of sterilization operation??? pls suggest me its urgent need some point to get d damages.. tommorow is my MOOT COURT n i want to perform my best...!!
Rid
05 February 2013 at 18:54
there is case of sterilization operation performed by doctor negligently and lady want to claim damages for it.. Is she claim damages for it if she conceived child after 4 years from d date of sterilization operation??? pls suggest me its urgent need some point to get d damages.. tommorow is my MOOT COURT n i want to perform my best...!!
Manoj
05 February 2013 at 15:01
Sir,
Can I purchase flat from a
wife whose husband is
bankrupt & filed insolvency
petition.In Agreement
instead of mentioning her as
wife of IP it was mentioned
as daughter of xxxx
Siddhi Agarwal
05 February 2013 at 14:48
I am tenant and our building was owned by a Public trust till 2007. We were in contact with the trustees to convert the tenancy premises in to ownership by paying mutually agreed amount but it did not work out. In 2007 the trust sold the building to a land mafia without even giving us the opportunity and it was kept secret by the buyer as well as trustees. When we approached Charity Commissioner he did not give us a response and what we got was vague replies. We have copies of correspondence with the trust as well as Charity Commissioner. In order to throw us out the land mafia having political support is neither repairing the building nor allowing us to repair it. All our efforts have failed. But it clearly established the criminal nexus of Trust, Buyer and the Charity Commissioner and there may be many more such buildings which have been bought from such trust.
We therefore want to file a PIL but understand none of the tenant can do so as he is interested party. We therefore seek help of people who are against such activities which will throw tenants out of the premises with out giving them the chance to buy it.
Pl. help and also provide formats, if any for such PIL with the guidelines. Thanking you in advance for your help.
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Service bond
Now-a days every oraganisation whether it's a co. or a bank ask the new employees to execute a bond for a lumpsum amount.Now suppose you have signed a bond for Rs 2Lakhs for serving the co./bank for a minimum period of 3 yrs.after joining you found that either you have been posted in a remote area far from your family(especially for the married woman)or any uncomfortable circumstances arises.If the employer demands the bond amount is it possible to refuse the same or can we sign the bond by putting any condition in it on fulfilment of which we will continue the job?