B Singh
19 January 2013 at 19:12
Court has given interim stay on joint inherited family property. The court passed orders for stay almost 4 months back which my advocate informed me recently and its next date is during the first week of February, 2013. Till date my advocate had not filed for appeal and also avoiding the same. My query is that if at this movement I go for change of advocate and give my case to new advocate can court give time for appeal which was to be filed within one month and will it make any effect if changing of advocate. Please advice
Jolly James 9447287658
19 January 2013 at 18:29
My client earlier filed a suit for injunction restrain the defendant and his men trespassing in the plaint schedule property.
Defendant contend that he borrowed 6 lakhs rupees from the plaintiff and executed two sale deed and entire amount was repaid. one document was re conveyed and other property was with held by the plaintiff.
based on the pleading court raised 3 issues i. Whether the plaintiff has right and possession over the plaint schedule property?
2. whether the plaintiff is entitled to get permanent prohibitory injunction as prayed for?
3. relief and cost.
Court found that Even on 28-2-10 the 1st defendant has been in possession of the P.S.P which is evident from Ext B 1 possession certificate and B 2 Tax receipt shows that 1st defendant paying tax. It can also be discernible that even after execution of Ext. A 1 sale deed 1st defendant paying land revenue tax for the property covered by A 1 deed. So from the evidence on record, it cannot be found that the plaintiff has been in possession of the P.S.P. Issue No 1 answered against plaintiff. Court refereed a dictum in the judgement ( Ramlal and another V phagua and other ( A.I.R 2006 S.C 623 )
Now my client want to file a suit for declaration of title and recovery of possession. Whether the judgement and decree will operate as resjudicata. Please advise me.
durgesh
19 January 2013 at 17:53
I have taken a loan of Rs 100000 from ICICI bank in 2008 for three years, and have paid the installments rs 2856 for one year after that due to some unavoidable circumstances i am not able to pay rest of installments.I start recieving calls from the recovery agents for the balance payment bt i am not able to pay the rest of amount.Then in 2010 I came in contact of person who told me that he can do the settlement for me with banks and agents 20 THOUSANDS rs. I pay him 20 thousand rs and he give me a letter on ICICi bank letter head that now i have no dues on my loan account.Even I stop recieving caLls from agents for atleast one year and I went back to my native place leaving delhi permanently in 2012.Now Again I started recieving calls from agents regarding the same loan and they are saying that i have 185000 due for my loan as i am saying that i hv settled the loan they are asking that ur loan amt is still not settled and asking me for the letter as its almost 3 years i dont have the letter or may be letter got missed while i was shifting from delhi.Now as the case is very old and even i am not connected with any one in delhi. please advise
AMIT KUMAR SHARMA
19 January 2013 at 17:17
Dear Sir,
One of my friend taken Rs. 50,000/- as borrow and after complaint against him to Officer Incharge of Police Station, he has given Rs. 20,000/- but for 30,000/- he gave me three cheques without date for depositing after one month from the date of settlement.
He is requesting to do not deposit these cheque and saying every month for next month.
I have no proof of loan in writing except of cheques provided by him in my name.
Can I file case under sec 138 of NIA after dishonored any one cheque. Can Court ask any proof besides of Cheques? Since I have only cheque as Proof.
He had a agreement for that but this agreement is not registered with court. It is only notary. Can it is to be useful for litigation.
Please help.
Regards,
amit
Mr. Shanmugam
19 January 2013 at 17:16
Dear Sir,
I need your consultant Regarding below cause.I kindly request u to suggest me.
Cause Situation:
1. My father transferred the land to Mr.A (who is my son-in-law)by will without my consent.
2. I don,t make sue on my father and Mr.A
3. After a few month later my father was expired
4. Mr.A sold the Land to Mr.C(third party)for his debt.
5. All the Document are transferred legally to the third party Name Mr.C
6. After six month later I make sue in district court. I also one of the legal heir of land so have right of share on the name of third party Mr.C
7. how can i inherit my rights on that land Please advice me.
By Shanjay
Email : krishna85nill@yahoo.in
narayan sharma
19 January 2013 at 12:25
dear please help me out by providing any judgement of supreme court in civil by article 141 because in lower court i have submitted 16 rulings for article 54 limitation act in which plaintiff filed his suit after much time of limitation and said we have extend the time orally but failed to present any witness for it , but lower court decreed his suit . now we are in appeal for it . so, please provide me the same . i have noc pabba premkumar vs state of andhra pradesh 1979 by j. muktadar.about article 141
Raman
19 January 2013 at 00:31
Dear Sir,
In one social cause, one of the friend rule out some scam in offering appointment to some candidates without any selection process.He then file the case before State administrative Tribunal which initally was affirmative took interest against the respondent employer and asked them to furnsih the records.The respondent employer misplaced the records and file the affiadvit without permsission of the court.Till then several adjornments has been made and the judges too have been changed and new one are not taking interest in going to the root cause and working on objections raised by employer
My query is how he could help in initaing the criminal proceedings as I don't think Tribunals which are appointed by Govt are more partial and can start criminal proceedings??
DAMASCENO PEREIRA
18 January 2013 at 23:00
HI SIR. MY AUNTY [FATHERS SISTER] GIFTED HER PROPERTY TO MY FATHER,AFTER A HER HUSBAND DIED IN 1965 AND IN 1967 MY AUNTY GIFTED HER PROPERTY TO MY FATHER.WHICH THE PROPERTY PURSHAED BY MY AUNTY ON HER NAME AND WHICH IS REGISTER IN SUB REGISTER .NOW MY AUNTIES HUSBAND sister son HAD FILED A REGULAR CIVIL SUIT SAYING THAT WE HAD TRESPASS TO THEIR MUNDCRIAL HOUSE IN MAKING ILLEGAL AND FRAUD GIFT DEED ,WHICH MY AUNTY HAD GIFTED TO MY FATHER,SIR I NEED YOUR HELP. THANKS
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Ammendment in hsa in sec 6 2005
for a male hindu`s ancestral property whose owner died 1985 leaving one son and 4 daughters behind .wife of owner died in 1984
the property was joint till date. and a suit for partion was filed in april 2010 by son.
as the property was joint untill n after 2005 and no partition was done nor demanded by any heir .will act of 2005 come into act?
or something else? agricultral land is 40 acre? is there any difference in agricultral property and other property in eyes of law.
plz answer.