Pradeep Radhakrishnan
08 January 2013 at 06:19
I would like to know whether on dishonor of a cheque statutory notice is mandatory for filing a civil suit
adv.durgadas k.kulkarni
08 January 2013 at 00:00
Can Mohammedan sons and daughters alongwith their two mothers carry out partition in father's property after the death of father?
If,yes what will be the share of each successor? (10 sons,4 daughters and 2 mothers )
adv.durgadas k.kulkarni
07 January 2013 at 22:17
Can a Mohammedan son and daughter claim for cancellation of sale deed after the death of their father which was executed by him during his life time?
M Satyanarayana
07 January 2013 at 17:01
Sir,
In my case I have not executed the sale deed nor I received sale consideration but the opposite party forged a documents of false sale deed acquiring my rights and interest on the property through forged sale deed allegedly by forged signature. Since the document is inadmissible in evidence the same is being forwarded for impoundment and correcting deficit stamp duty.
After paying deficit stamp duty by the defendants can a forged and fabricated document becomes legal to lead the evidence as if it is a original registered document. What is the evidentiary value of such documents in civil court. If ultimately it proves to be false document can the deficit stamp duty is refunded back to forged document holder. What rights or interest can be claimed from paying deficit stamp duty. What about requirements of Registration.
Please kindly advise.
MSN
S Sathymurthy
06 January 2013 at 21:52
Sir,
I am working for a bank and has availed housing loan from the Bank also. As per the agreement housing loan I have to repay the loan in installment for a period of 20 years and the installments are recovered from salary. Further, as per the terms of agreement first i will pay Principle and after that the repayment for Interest will start. The interest is on simple interest basis. The Instalments are recovered from my salary and now I have received a notice Under captioned act saying that the account is Non performing. No perior notice in this matter is also received.out of 20 years repayment only 14 years are over.
Pl advise me what action I should initiate in the matter.
sheela
06 January 2013 at 20:34
The estate officer has passed an order for recovery of damages of about 6 lakhs against my father for failing to vacate govt accommodation for about 30 months. He wants to appeal since he cannot pay it in one go and other grounds. I understand he has to deposit some percentage of damages with the court while filing appeal. What is the exact percentage, please plus any other advice. Thanks
srinivasa guptha
06 January 2013 at 19:35
Sir, I have approached Supreme Court of India through a Lawyer for my civil case which was defeated in trail court and high court.
In Supreme Court of India my case got admitted and notice is being served to my opponents.
My opponents are vary much talented in influencing my lawyer, I have experienced it when it is trail court and high court, I am fried it may continue in even in Supreme Court.
What can I do? How to protect my case? Is there any legitimate way to safe my interest? It is a life matter of our family, is there any way to appoint additional lawyer for my case will it serve the purpose or else will it escalate the problem – please guide me.
(Please note I have vary great respect to the Lawyer community and this forum)
aditya vadali
06 January 2013 at 18:14
Sir,
my sister in law is a married hindu, Indian, seeking your valuable advice. her mother is trying to sell her father house (house is registered in my father name and my father is no more now) without her knowledge by hiding her legal entity. Is it possible for her mother to sell her father house without her permission? Moreover, kindly advice the possible steps that she can take to protect her father house from sale? The house is located in Tamilnadu, India.
kulwinder singh
06 January 2013 at 13:56
Is it compulsory to have your presence marked by the Sub-Registrar in an agreement to sell contract in order to file a suit for specific performance if second party refuses to honour said contract? Can you file a suit for specific performance if presence has not been marked by Sub-Registrar? Are their any laws pertaining to having presence marked by Sub-Registrar? Thank you.
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Accident death compensation case
Brief of the Case - Sequence of Events:
1985: The husband of the petitioner (deceased), a Government Medical Officer, aged 35 yrs, dies in an accident with the Army Truck.
Case filed in the district court.
1987: The judgement grants compensation with the following details
1. Percentage of mistake by the deceased and the army driver.
2. Quantum of Compensation, taking basic of Rs. 600 only into account and considering the fact of 2 children aged 4.5 yrs and 35 days resp. and Old aged parents. The total quantum of compensation came out to be around Rs, 75000.
3. Interest @ 12% to be paid to the petitioner from the date of application filed i.e. from 1985 till the realization.
Case filed in the High Court for enhancement of compensation amount.
2011: The Honourable HC Judge marks the previous judgement as highly erroneous and cites the Sarla Verma 2009 judgement and calculates the total compensation amount to be around 7,00,000 (7 Lakhs) less any amount already paid.
2011 - Filed Execution in District court: While filing the execution only, the petitioner realises that the interest of 12% has been granted by the lower court in 1987 which shall stand now as well (as per the advocate processing the execution).
The following happens:
1. Advocate files the execution of the amount of around 25 Lakhs which includes 12% of interest on 7 Lakhs, minus amount already paid, minus interest on the amount already paid.
2. Army JD replies saying HC has only granted a Compensation Hike and that the calculation is incorrect.
3. Advocate replies that the objection is misconceived and that the Award of the lower court(1987) merged into the order of HC(2011) mention the points.
a. Amount Paid to petitioner.
b. The petitioners were further held entitled to get interest at the rate of 12% per annum from the date of claim petition till realization.
No appeal was filed against the award by the JD. DH filed appeal again the QUANTUM OF COMPENSATION only and that it was enhanced by the HC.
Thus, the effect of merger was that, the petitioners get the enhance amount as per the HC 2011 judgement and the rate of interest as per the Lower Court 1987 judgement (which was not challenged by either of the parties).
Judgement by the District Court on Execution 2012:
HC has directed the total amount of compensation to be 7Lakhs. The order of tribunal has merged with the order of the Honourable HC in this case. The order of the tribunal has come to an end and now it is the HC order which is final.
There is no order regarding the payment of interest by the honourable HC. This tribunal is bound by the judgement of the Honourable HC wherein no such amount of interest was granted. Unless and until the Honourable HC has granted interest in the order, the court cannot grant interest at its own level.
Suggestions given by the Execution Advocate:
1. Review Petition in HC.
2. Case in Supreme Court.
Now we have already hired an advocate at the Supreme Court but there is no processing at all.
My question is:
1. Which mode is better in the above case, one should go to the HC for review petition or clarification on the point of interest. Or one should take it ahead with the Supreme Court.
2. While the case is in SC, can/should one at the same point file some clarification or something in the HC regarding interest?
3. How to know if the case has been filed in the SC because I cannot find anything on the SC database website. The SC advocate says he is going to send the notice and has asked for the execution judgement. Can it be like that the case has not been filed at all in the SC, and that it would be filed after he gets the execution judgement dated October 2012. And if anyhow, he did not file it in SC till now, can it be filed now.
4. Probability of getting the interest @ 12%, as mentioned by the Lower Court in 1987.
Regards,
Tanvir