Advocate.S.A.Siddiq
30 December 2012 at 09:03
One of a declaration suit , 3,4,5th defendant (Govt Side) set as exparte for non filing of Written statement.
Now 3rd defendant file set aside petition with affidavit ( This petition signed by Govt.Pleader and Affidavit sworn and signed by advocate clerk of G.P) ,
Is this procedure is correct ?
what is the rights of Advocate clerks in this procedure ? please expalin
4WhatIsRight
30 December 2012 at 03:02
A suit for specific performance of contract where issues have been framed, the defendant has filed an application under order 6 rule 17 for amendment of written statement.
defendant is raising a plea that he is entitled to receive more money as consideration price than what is being said by the plaintiff.
defendant has not pleaded this in original w.s.
1. issues have been framed.
2.defendant has not pleaded in original written statement, but is now putting forward a claim by way of amendment.
3.a new case is being made by the defendant - does this amount to counter claim, attracting court fee.
what are the available option to the plaintiff?
can the plaintiff request the court to order the defendant to file a counterclaim by paying requisite court fee (order 8 rule 6a)
K.K.Ganguly
29 December 2012 at 17:31
As per SARFAESI Act,2002 & T.P. Act, an equitable mortgage must have the following ingredients:
1) A debt,
2) Deposition of Title Deed with the creditor,
3) Intention to create a mortgage of the property.
Now, one of my client having a registered Title Deed of his flat, has recently received a Notice from the Recovery Officer of DRT asking him to vacate the Flat immediately & on enquiry he found that one person had fraudulently, in collusion with the Developer, made one Agreement for Sale with the Developer before the property was registered in the name of my client by the Developer & had deposited the same with a Bank & collected loan amount which he never paid for which the Bank had filed one O.A. Application as per RDDB Act without any knowledge of my client. He had no scope to know about this fraudulent act of the said borrower who is now absconding.
My question is:
a) Can the Bank create equitable mortgage by accepting unregistered Agreement for Sale?
b) Since the O.A. Application has already been decided by the P.O. of DRT and the Recovery Officer has been instructed to recover the outstanding of the borrower who fraudulently deposited the Agreement of sale of the property which actually belongs to my client as my client had registered the Sale Deed in his favour, can my client go to the DRT now for any relief?
c) I have already filed an application u/s30 of RDDB Act. Can I expect DRT to review & withdraw his earlier Order to recover the dues?
I would request the Ld. Experts to kindly give their valuable opinions.
SUNIL DUTT SHARMA
29 December 2012 at 14:57
dear sir
i joined a ngo in dec.2011 .and appeared in exam.entrance by them,i passed out and interview was also cleared up in april 2012.they issue us offer letter.and the said the salary will be after training of 10 days.for which they took a dd of rs.10,500.the training was very wrong and in parts,and it took 3 months in completing training.as they never fulfilled their promise and always gave a new date for the training,and after training they said joining will be given soon,we finished training at sept.30 and so far there is no joining,so can we file damages on the ngo,and where ,as the ngo is in gurgaon.but they didnt mention the jurisdiction ,in case of any dispute.
kesavan
29 December 2012 at 13:27
sir,my passport given to one consultancy.their material are seized by court about land problem.how to get my passport.
Niranjan Singh
29 December 2012 at 13:15
sir,
I have my paternal property in Bihar, presently i am residing in Delhi. my 80 yrs. old house in Bihar has become ruined. ultimately i started to construct new building on vacant portion of the same land.
My neighbor on the southern side raised a question of boundary dispute on the southern side.i filed an application to the DCLR.For demarcation of land 6 month ago. neighbor went to court and managed reader of DCLR. and the court is giving only date after date.any how i tried to construct latrine bathroom on the Northern side. the neighbor along with his muscle man came on the construction site and forcibly stopped construction.i went to police for help.they denied to support me. now the neighbor and police both are saying until and unless the boundary dispute solved no construction can be made. their is no any stay order or injunction order from court. what should i do???
kalpana
29 December 2012 at 09:52
my client filed a suit for eviction under sec 106 of tp act. he became seriously ill when the matter came up for trial his wife deposed on his behalf. how will the court view her statement
kaushal
29 December 2012 at 09:48
Plz provide following solution with SC or last HC judgement.
1. Person is care taker of land. Can he sale such land and such sale deed is valid in law without future challenge by owner of such land.
2. Person has received land as per Sec 32P as Ghar Khed. In such case can Ganaut case is applicable.
3.Second wife without divors to first wife. In such case Children of Second wife and 2nd wife is eligible to share estate of father or husband in legal form.
kaushal
29 December 2012 at 09:28
Please provide following reply with any SC or HC judgement.
1. From 1950 to 1976 there was no land record (7/12). while from 1977 in 7/12 name of other person was recorded without knowledge of owner. such person has sold the land. How owner can challange this case to cancel this sale deed and take possession of his land.
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Redevelopment of the old building of co-operative housing society in the year 2006.
Respected Experts,
One Co-operative Housing Society was having a building adjacent to my Chawl for which a building permit was granted in the year 2006. The building permit was granted was limited for only to construct a new building in lieu of the old building of the Society.
In the year 2005 it was held by the General Body meeting of the said Society that the Society proposed to give Development rights in favour of Developer X. Subsequently thereafter the Secretary and Chairman of the Society executed a Power of Attorney in favour of the Developer to do all acts including signing, verifying and executing Plaint, appeals, reviews, applications, affidavits, authorities and papers of every description and necessary to be signed and verified for purpose of any suit, petitions, actions, appeals and proceedings of any kind whatsoever in regard to the said property in any Court of Law or Equity whether of Original, Appellate…..” My Chawl property unfortunately situated in the said property. Subsequently after one month the Society Executed a Development Agreement in favour of the Developer X wherein it was fraudulently stated that the Society also belongs our Chawl and that the occupants of the Chawl are monthly rentals of the said Society. After presentation of both Power of Attorney and Development Agreement the Executive Engineer granted Commencement Certificate to the Developer and to utilize T.D.R. of the entire plot wherein it is clearly stated that the “Owner of the property: C.A. to the Society, the Developer X”
Kindly help me and give information to find fraud under this process of development as per following illegalities:
1) Society for redevelopment of its building can execute such type of Power of Attorney directly in favour of the developer to act as owner of the Properties of Society?
2) Society no more to sign any papers concerning the papers and it was got dissolved due to effect of Power of Attorney. Whether Administrative Powers of the Dy. Registrar of the Societies affected due to POA?
3) Whether such Society is liable to liquidity or registration can be cancelled?
4) Whether entire building proposal is liable to be revoked?
5) As there is new statement included as our chawl is owned by Society and we occupants as tenants, then can the occupants are entitle to obtain a flat in the new building being shown as tenants?
Kindly explain me the actual procedure mandatory for redevelopment of the building of the Co-operative Housing Society in the year 2006.
Regards,
Sadanand B. Panchal