RAJAN
09 January 2013 at 13:16
There is a court boycott by lawyers in state of Tamilnadu from 14/12/2012. Is there any punishment under law. Please send me related articles & judgments on the same.
Rajan
MSC Shekar
09 January 2013 at 12:04
In a Civil Miscellaneous Appeal (CMA) before a Ist Additional Chief Judge there are Apellant - Private Party, Respondent 1 District Registrar and Respondent 2 Retd. Sub-Registrar. This appeal was filed in the year 2011.
The case status as on today 2013 Respondent 1 i.e. District Registrar - Set Exparte, Respondent 2 fresh Notice to be served again.
It is important to note that Notice to Respondent 2 has been served three times till date returned unserved. The court is insisting on notice to served to Respondent -2 again and again.
Is there a maximum limit of the notices to be served to a party in Appeal?
Thanks in advance.
Madansingh Shekhaawat
09 January 2013 at 10:20
builder and developer had promised to develop the land in 2006 on the terms of 48% share of developed area to the owner and 52% to him. also builder had deposited the 500,000/- deposit with land owners. the required completion period for the said land development was mentioned 18 months from actual commencement of work. but cunningly builder had not mentioned the actual commencement date of work. and also it was skipped from owners mind to check that while signing the agreement as they are illiterate persons. agreement was registered and all powers, rights to develop, sale, transfer, lease, mortgage of said land were systematically taken away by builder with that agreement. even relinquishment deed was made and entered in to the builder's favor. now almost six years have been completed but the said builder have not done anything in connection with developing the land and has lifted the huge amount from market on same land. when owners contacted with him and inquired about said loans also he admitted the fact of having 60 lac amount from another investor and if owner pays this amount plus 20 lac for him against his deposit which he had made at the time of entering in to an agreement. that is altogether 80 lac he needs to settle the dispute with cancellation of said agreement.
now the questions are:
1) can builder make such undue demands from owner?
2) can owners sue this builder for cheating?
3) can the date of agreement be taken as actual commencement date of work?
4) are there any legal ways to terminate the agreement?
thank you!
JAIME
09 January 2013 at 03:34
In a case against two trespassers who jointly carried out a part compound wall in my property, one trespasser expired and the LRs sought to be brought on record after expiry of limitation period of 90days. I objected in terms of CPC and limitation law. The magistrate allowed the application of LRs in contravention to the law of limitation and condonation delay and stated that the LRs ought to be on record to get justice. One trespasser is alive to carry on with the case. I sought to file an appeal through my lawyer but the Head Clerk at the District Court asked my lawyer to cut Civil Appeal and write Revision. According. My case does not have the grounds for revision but have grounds for Appeal according to CPC. Is the head clerk of the court right to compel us to seek revision?
samuel singh
09 January 2013 at 01:55
i had just strtd taking alcohol in one of the liquor shop in rajasthan.at 8 p.m liquor shops are supposed to be legally closed.we were caught and driven in police van and taken to police station.neither any money demand is made nor any other kind of pressure was put on me.only a document was got to be filled by me.
i enquired n found that on the basis of that document we might be asked to appear in court.worst thing is some people were not taken,might be becous they said we belong to staff.
WHAT CONSQUENCES WE HAVE TO FACE,THAT IS MY QUERY.
why they did not take fine on the sight if were guilty or what is the procegure in such cases as above.
thanks
SAISRINIVAS
09 January 2013 at 01:12
I have borrowed a sum of Rs.4.5lac from one person and at the time of borrowing I have kept my residence documents (which was on my mother’s name),7-Blank cheque’s ,5 Promissory notes blank and signed and two blank stamp papers of Rs.100/- and added to that we have signed on a Rs.100/- stamp paper that we have borrowed that amount for the purpose of business and would return it in a period of 1 year with an interest of 3%p.m payable on a monthly basis all this took place on 6th Sep 2010. Lender has issued cheque for Rs.3.5Lacs on my mother name and other 1 Lac he made a net banking transfer from his friends account I have a copy of my bank statement as a proof for the amount I have borrowed
After that I have paid interest on monthly basis from there upon till March of 2011 totaling to an amount of Rs.78000/-. (No receipt for interest though I paid in cash)Thereafter I incurred severe loss and I was unable to repay interest and also principal amount and this was what happened for last 1 year and during this period I have promised to repay him the borrowed amount and requested to wait for some time.
We had an ancestral property which we are palling to dispose and so I have said him I would receive amount as a share of my property so that I would settle him we have entered into agreement for sale of it and about to go for final registration and this fellow (The one from whom I have borrowed) came to know all these and filed an attachment suit on my grandfather’s property though he got my own residence documents by depositing one of the cheque’s issued by me and also a promissory for an amount of Rs.8Lacs as principal and interest to an extent of Rs.1.36Lacs stating some other person’s name in the promissory note and on the cheque and Demanding an amount of Rs.9.36Lacs.
The property on which he got an attachment was a joint property and apart from me other grandsons are also eligible for their rightful share.
Now that I have requested this lender to consider the interest @1% or 1.5% p.m and settle the amount that was due to him. But he was reluctant and demanding more money and also his lawyer is not showing any further interest to move this issue in a peaceful manner he was threatening that he would drop another cheque and encashment and would bring another attachment and make sec.138(2) applicable and would send you(me) to jail.
On the other side the buyer was very much interested to move on with registration and made the amount ready but since we had an attachment in the court of this property we are unable to move further.
What I interested to know is
Can we register the property by depositing the amount in the court due to him stating all the facts of the case by calculating nominal interest as allowed by courts? If so what is the amount that I should deposit
Can I sue him for misusage of the blank cheque’s I issued to him for the purpose of repayment of the loan amount?
Can I file any police complaint for the possession of my residence documents with him in order to avoid further problems with him?
Can I cancel the blank cheque’s issued to him my marking them stop payment?
Please provide a better idea an solution
My lawyer was not giving proper response though I asked him many times and later came to know both the lawyers are close associates
Already I paid 25,000/- for him still now no proceeding took place he filed a suit even my lawyer not replied on this can I change the advocate if so what can I do even I have no money in hand to defend the suit as the registration process was delayed due to this attachment
Jignesh
08 January 2013 at 21:12
If there is no parking in the building and residents have to park outside the building then wnat are the restrictions therein.
There are many shops opposite to my building and those people occupy that parking space adjancent to our building thereby leaving no /limited space for the residents of that building. In such case what is the course of action.
sujit jaiswal
08 January 2013 at 19:28
If the Learned Judge will not follow the HIGH COURT or APEX COURT judgment and Learned judge passed illegal judgment against the judgement of Hon'ble The Chief Of Justice Jharkhand already passed judgment for same suit premises , then how can I file a petition to the HIGH COURT CHIEF JUSTICE for necassary action as per RULE of LAW. Is there any proforma regarding complaint petition?? I have valid proof and evidence,,, the case was remanded back by 1st additional judge to learned judge and 1st additional judge ordered him to consider his points,,, but learned judge judgment was so illegal that he neglected four judges judgment including the judgment of Hon'ble The Chief Of Justice Jharkhand,,,
I have sufficient proof so prove his judgment is illegal and full of corruptions.
S jaiswal, Jharkhand
KmeduVishnu
08 January 2013 at 17:44
Dear Experts,
I have the following doubts under the CPC:
In an Execution Petition filed for attachment of salary of a judgment debtor who is a govt. servant, the Pro Order was issued and served to the Garnishee thereby directing him to attach the salary of the judgment debtor and to remit the same into the court.
Though the Garnishee who had acknowledged the Court Pro Order but till date he didn't comes forward to attach the salary inspite of repeated lawyer notices were issued him for reminding the consequences of non-compliance of Court Pro Order, but no fruitful results will come out.
Kindly clarify for the next course of action.
Thanks in advance to the Experts.
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Consumer hasn't been paid medicalaim
Dear Sir,
Here, In this case, The client who is consumer of An Insurance company of Medical Calim, Escape from its Liability to pay the amount to a consumer.
Fact is that, The company EMRI 108, had an employee. So, on joining , EMRI 108, gave benifit of Medi Claim Insurance Policy from Chola mandalam, and Company paid insurance premium on behalf of this client that is employee of EMRI 108.
A health Cards isssued to Client and his family membes his father and mother. Because it was under Group Policy. But original policy was kept with EMRI 108. So, the client was told to submit claim form Directly if any of claim anytime in future for medicalim.
After joining, the company, Client's Father had to gone through surgery, so, He asked for the claim to EMRI 108 and As EMRI 108 guided, they submit the original claim from with original Documents to the office. The EMRI 108 did not gave any reciept of revieving the original claim form. So, my client had no proof to prove that The claim form is given to EMRI 108.
Then, Having faith to company EMRI 108 N CHOLAMANDALM INSURANCE COMPANY PVT LT. and waited for allotmnt of amount of mediclaim. But Till 19 months my client not recieved any amount of claim. in e mail transections there was not satisfied answer of recieved the claim form.
So, my client filed case against both Companies. then judge asked for enought evedance, so the client asked for claim from to produce to both companies as per, NOTICE under ORDER 11, RULE 16,CIVIL PROCEDURE CODE 1908, & SUBMITTED COPY OF NOTICE AND R.P.AD. SLIP OF SENT NOTICE, TO THE DISTRICT FORUM. So, it was time to wait for the document, then to do appropriate Order.
Any of company, did not produce document, that was Claim Form,
Here, Court had to favour of Client. But they unfavour of my client n Dismissed the Complaint.
Now, here, Metter is filed by other Advocate n given to registrar in State commission now it is on Admission Satge, I can find out, another Law points to add in this appeal that is drafted by other advocate, so i am now to proceed in this appeal as this Appeal is given to me. So I need to add some more grounds to admit appeal. So, Is it possible, to add ground of appeal on admission stage?
Pl. Guide me any to add some new grounds in this Drafted appeal, if possible?