S.K.Ralhan
01 February 2013 at 14:04
A FIR was lodged against a person 'A' for theft of some office record.the FIR was later on cancelled by police that no evidence was found and cancellation report was presented by police and approved by court. Now party A has lodged defamation case and criminal complaint against complainant.Is there any decision of High court/supreme court that such proceeding can not be initiated against applicant on the basis of filling of FIR only
sahil gupta
01 February 2013 at 13:59
A contract has been entered between two parties regarding supply of Gas to tenants of a Mall at food court.
Now the mall wishes to terminate the agreement and want to enter another agreement with another Gas providing company. The terms and condition states that term of the contract is for 10 years. No exit clause is provided in favour of Mall. Arbitration clause is also agreed in the agreement. Kindly suggest how to terminate the agreement and enter new agreement with other vendor.
sahil gupta
01 February 2013 at 13:46
A leave and License Agreement executed between a shopping mall and a lady regarding licensing of a shop (Icecream parlor), business was carried out by her husband who committed suicide. Now its been 6 months, no one has come up to us for continuation of business, no license fee is paid, Ice cream is lying in fridges, electricity charges are paid by Mall. Now mall wishes to let out the premises to another person using same fitour, furniture, fridge of earlier licensee. A 45 days notice for recovery of outstaning dues is already furnished through Regd. AD, which is returned (person has left the place), notice is also pasted on outside wall of premises.
Kindly help. How should we proceed.
Ashok Kuvadia
01 February 2013 at 12:59
Dear Experts,
All are requested to guide me on below points.
Query on Order 18, Rule 3 CPC :
Order 18 Rule 3 of the CPC, which reads as :-
“3. Evidence where several issues.— Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.”
Query as under:
(1) What does it mean here by issue ? The one which are ONLY & ONLY framed by Court to prove or which may arise during the proceeding ?
(2) In my case Court have framed issues to be proved by me only, i.e.- Burden of proof is totally on me, may be since I am a disputant filed the dispute. Court has not framed any issues to be proved by
Opponents.
But Opponents have filed a CERTIFICATE of Police that a complaint is lodged by them about lost of documents. Does this mean that about this ISSUE of lost of document, the burden of proving same lies on the other party i.e.- Opponents ?
(3) Though the Court has not framed any ISSUE to be proved by Opponents (i.e.-other party), can the point of lost of document raised by other party is considered as an ISSUE ?
(4) Is it mandatory for the Opponent to prove the ISSUE of lost of documents ?
(5) Is it mandatory for the Opponent to prove the ISSUE of CERTIFICATE of Police by calling the Police as witness.
(5a) If Opponents are not calling Police as witness to prove the certificate, then, will the certificate have any evidentary value ?
(6) I am in possession of letter from same Police station informing me that no complaint is registered with their Police station about lost of Society’s documents in a particular period. Earlier Court has rejected my application to take this evidence on record since I could not file it with my examination-in-chief as it was misplaced.
Now can I file the same to Court under RE-BUTTAL OF EVIDENCE by application under O-18, R-3 CPC ?
Kindly guide me on earliest.
Regards,
Ashok.
Adv M.D.Azhar
01 February 2013 at 10:01
sir plaintiff has filed the suit for the right of the easment for the way, and asked relief for the temperory injunction to prevent defendent to construct the house where such house is building, court has awarded status quo in favour of plaintiff. Now the matter is before us in the said case right of easment for the way when created? In the said case plaintiff is not residing in society for last 20 years and he asked such relief so when the plaintiff is not residing at the disputed land so is he entitle for such relief? moreever the way for which he demanded is closed by one end it's mean permenant changes has been made therefore the way is closed by the another party who is going to construct another private society, the seperate road is available to come in and out to enter in the society n other oeole have the objection who lives in the society who lives in more than 20 years but the plaintiff has only one who has the objection, so is he entitle for such relief, defendant has purchased such land which defendant says that this actually road by the owner by the registeed sale deed who has developed such society.
Khaleel
01 February 2013 at 01:14
Dear Sir,
Myself Mohammed Khaleel, I have a property in hyderabad, due to financial crisis i had decided to sell out my property in July 2012. I have 4 tenants on my property on 4 shops, after a long time finally i got a deal done in November 2012 and got the agreement of sale done by taking advance amount, as all the tenants except 1 whom this issue is all about was never available on the premises for the past two years know that i am selling off my property and they have to vacate the premises as soon as possible, the 1 tenant who was absent all the time has a relative here who also is a tenant to my neighbouring house has always been his representator, and he knew the facts that for the past 6 months i was trying to dispose my property off, finally i told him to tell the tenant to vacate the premises within 1 month as i am in urgency as i am really going through tough financial situation and i have 1 sister who is elder to me and i have to get her married after registry. All the tenants agreed to vacate and they have except this one he came after a month and started saying that you cancel the agreement and sell him the property. After a long debate i told him finally that it is not possible as i have come into legally come into agreement on paper with the other party, then he started harrassing me by bringing politicians workers to my house and saying to sell him you will not be able to sell to anyone else, as i live alone as i have no parents or relatives here except for my wife, sister and my son who is barely 8 months old, i tried my level best to be very sober with him not even provoking him on anything and said with request to vacate the premises before 1st Feb 2013, as i am going to fix my elder sister's marriage next month and travelling to lucknow for that so please be on the good side of faith and dont torcher me mentally or physically i will be truly honoured by your gesture. I left for lucknow on 16th of January 2013 and fixed the marriage date and i came back on 28th January 2013 to hyderabad. But the very next day i got a letter from his advocate that he has filed a civil suit against me, my sister and the party with whom i am in agreement with for the sale of my property, the suit is for PERPECTUAL INJUNCTION.He has stated that i and the new party has been harrassing him and trying to forcibly throw him out of the premises, he mentioned the date 18th of Jan 2013 that i personally tried to force him out of the
shop when i was not even in hyderabad at that time. Well my question to you is I have to submit the WAKALAT NAMA on 1st Febuary 2013 stating that i am ready to fight, but what kind of precautions and
steps should i take to make him leave my place as he is totally wrong and trying to damage my life financially and mentally please advice as soon as possible that what strong holds do i have on my case to
throw him out of my placce through court's decision, I am very alone here with no one else to support me your advice will be really appreciated.
Regards,
Khaleel Abbas
darshan singh
01 February 2013 at 00:06
dear experts my client has filed a civil suit for permanent injuntion and declaration for his ancestral property.
now can we file fresh partition suit regarding the same property.
G
31 January 2013 at 23:42
I have bought property in auction carried by a co op bank. Sale was confirmed, sale certificate was issued, registered sale deed was executed and i was put into possession of property. Later the borrower made revision petition u/s 154 of MCS Act with Joint registrar on ground that he was ready to pay loan amount within 30 days of auction as per Rule 107(13) but bank did not accept it. He produced DD dated 30th day of auction sale. Bank SRO filed affidavit saying borrower never approached within 30 days and he came to bank only after 30 days and hence his application was rejected. However, Jt Registrar has set aside sale relying on dates of DD. Now what is rights of auction purchaser, i have filed writ but i have already expended lot on stamp duty, registry, furnishings etc. Pls guide and help me with helpful citations if any. Thanks...
vinoth
31 January 2013 at 20:35
Sir
I met wall issue with my neighbor. As per my lawyer's advice, i filed caveat district,munship,sub high courts.Until 90 days if i construct in my own area, opponent objecting & harassing me & labors.
How can i get legal protection. If i go to police station,
what they ask ?
what to do ?
Can i arrange private security to protect my labor ?
Please Help me.
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Induction petition over the property
Dear sir
Good morning!!!
Please read and do me a favor...this is the case explained below...
My grand father has two 3sons and two daughters.All are married &settled well. 20 years back property was partitioned for 3 sons only but not to daughters.At daughters marriage time (30 years back) grand father has given 4000/- to each daughters.
Now grand parents are at age of 80 years.One sons is taking care of them two sons are avoiding them.(partitioned property was some of self acquired by grand father &some land is ancestral property)
3 sons commonly sold 3 acres of partitioned land. Now grandfather has only one acre of land that land has not sufficient for their maintenance.
Now grand father has asking one more acre of land but sons are refused to given back.
Now grand father wants to file the induction petition over the whole property of sons for his equal share.
These are the questions from my side.
where should be filed this induction petition?
whether induction petition should be valid?
whether daughters has right over the property?
whether daughter should file the induction petition over the property?&where should be filed?
whether daughters should get back the equal property from partitioned property from father and brothers?
Note: sons doesn't have any written document®istered document over the partitioned property but they have land pass books & paying land revenue tax .
Thanks and regards
sitaramaiah