B@75BHAIBABU
23 December 2012 at 20:40
a partition suit case is pending in the court.during partition suit which is still pending opponent party generated a false plan from municipality and in written statement to court prayed before judge to construct house over disputed land .in their written statement they have mentioned about plan but have not submitted the false plan.is it like giving false evidence to court.an opponent be convicted for giving false evidence in court?if so what is the procedure
Shreyas
23 December 2012 at 19:47
We are having tenants & sub trnants by them since 30 years in pune. They are having shops & godown at a rent of rs 100-rs 200 per months. There is no written agreement but receipts are given by us since the start. Cases are pending since 10-15 years. Please guide me as to how to evacuate them from our premises. Does maharashtra rent act applies to this? How can the matter be solved?
Aseason
23 December 2012 at 16:37
If you are reading this query, please refer to my question at the end. A few experts have already cofirmed that this WILL is illegal and invalid.
Hi.. My Girl friend is being bound by a Will which her father left before dying, that she will be entitled to get the property only if she marries the boy that father has mentioned in the will, the girl also has no mother, as her mother passed away when she was a child. The boy has misbehaved with the girl on multiple counts, almost molested her, insisting she marry him, which she has been refusing. The guy had also attempted suicide, insisting that the girl marry him, the girl never reciprocated to his feelings or ever showed any kind of interest in him.He attempted suicide and also had filed legal case against her stating she was responsible for his act of suicide. The girls father was also fed of this guys behaviour and advances. The girl has severe health issue and even during that time the guy misbehaved, however as they are family friends the entire misbehaviour of the guy was hushed up and never discussed outside. The girls father has also agreed to marry the girl to the guy of her choice. However the girls father was seriously ill and this guy has filed a case against his daughter for his suicide, so before the father died he wrote that the girl should marry this guy (which in a way was to put a end to the harassment that guy was causing to the girl) to be entitled to his property, else both she and her sister would have no right to this property. This guy has been their family friend. The girl never showed any kind of interested in this guy. If the girl refuses to marry that guy, the fathers entire property will be distributed to his brothers and sisters.
Can the girl refuse to marry this guy and still get inheritance to the property ?
Can a father force a daughter by putting a condition in his will, to get married to this guy who has harassed and emotionally hurt the girl on multiple counts, has even filed two false cases against her?
The girl is not willing to marry this guy and its causing emotional havoc, as she is binded in this with her sister, cos if she does not marry that guy, her sister will also be thrown out of the house.
Please advise.
Request you to please suggest the next steps to ensure Justice is done to these girls and they dont have to suffer because of this guys attrocious behaviour.
Also if you could, give me some specific informtion on cases or laws, so i can research furter on them online as I am a LAYMAN.. with no knowledge of law. This will help us, when we are dealing with the lawyer. A lawyer had earlier misled us in this case. Now i understand that this will itself is invalid.
Thank You.
Member (Account Deleted)
23 December 2012 at 12:33
Respected Expert
In a case U/s 54 of Wakf Act illegal encroacher appeared through his counsel and order has been passed against him and an execution petition for enforment of order has been filed. Will you pls guide me that Ld. Sub Divisional Magistrate can issue summons to the illegal encroacher or passed an order to vacate the wakf property
uma
23 December 2012 at 06:00
Hello All,
I am very new to this forum so please bear with my issue description. I am really in an unknown situation from past so many years and now got an idea to get valuable suggestion from this site. Hence kindly help me.
We have purchased and got registered a 3 bed room flat from a builder 10 years ago in hyderabad. I have taken loan from the ICICI bank also in order to pay for the flat. The loan also got granted to me without any issue. After 2 years of my purchase we got a notice from other bank saying that this flat is already been mortgaged before my purchase hence they may occupy the property. I was helpless as I am regularly paying my EMIs and if this is the situation I will be no where with the flat just will retain my EMIs for another 15 years (i have taken 20 years loan). Then with suggestions from few people we have filed a case against the builder and the occupying bank so that our flat should not be occupied. This cases are moving from DRT, high court and DRT like this. However nothing has been finalized yet. Another thing is because of lack of knowledge till now I did not inform or file a case against ICICI bank. Hence this bank does not know anything about this mortgaging and cases etc till now and I am still sincerely paying my EMIs from past 10 years.
As I may get a transfer and go out of this place and I may not be able to follow up on weekly basis unfortunately, I really want to get out of this at the earliest. I would sincerely request all you expert lawyers to please advice me positively. I am tired of following up lawyer also as this is for last 10 years period.So I am afraid of going out of this place but the job demands now.Please help me.
Regards,
Uma
Divya
22 December 2012 at 22:23
Dear Experts
Some matters like Writ Petitions In High Court and Civil Proceedings in District Court are being handled by a lawyer for my parents and brothers..
I do not find the lawyer co-operative as he has not drafted any petitions properly nor is he doing correct work in other courts for my parents and brothers.
Can I make an application before the court that all writ petitions and civil proceedings in other courts will be contested IN-PERSON (i.e. by my parents and by my brothers)
But my parents and my brothers will not personally contest any proceedings…They will give me the power-of-attorney to contest petitions and civil proceedings IN-PERSON on their behalf. I want to file new petitions and proceedings before the various courts and contest the case as a power-of-attorney holder for IN-PERSON proceedings.
Please suggest the right course of action.
Ramkrishna
22 December 2012 at 21:18
Sir,
In a case regarding demolition of an unauthorized structure, where the Muncipal Corporation has issued notices for demolition and rejected the application for regularizastion made by the owner; and whereas the owner has gone to the High Court against the order made by the Corporation and obtained a stay. Where in the High Court other inmates of the apartment who have originally reported to the Corporation about the illegal construction obtained a "stay of Constuction order" which was not adherred to and a contempt case has been filed by the other inmates of the apartment against the owner who made the construction and also against the Muncipal Corporation for not stopping the work when reported to them.
Under these circumstances the owner who has political connections approached the Minister for Muncipal Administrattion, in their letter to the Minister they have appealed to the Minister to regularize the flat and they would withdraw the cases filed against the Corporation.
The Minister has forwarded the letter to the Muncipal Commissioner to look into the matter.
When the case is pending in the High Court can a minister direct the letter to the Commissioner too look into it does this not come under SUBJUDICE, and can these matter be CONTEMPT OF COURT.
Mohan R
22 December 2012 at 21:11
Dear Experts,
Wish you all the best for yr 2013.
My query :
Query No.1 :I filed for probate of my late father's registered will. Respondents replied and rejoinder for each respondent's reply is also complete. I submitted many documents with the petition and rejoinders but some inadvertently got left out. I wish to file more through an application as the next date is for admission & denial of documents and framing of issues. Next date is more than a month away in January 2013.
Query No:2 : The original will is in custody of one of the respondents who refuses to accept this nor has submitted it.I have a second original . Those many decades ago when will was registered,two originals were returned by the sub-registrar's office which is of more value than a certified copy from the sub-registrar's office, which I also wish to submit and have it sealed in an envelope by the court.
Please advise on both queries. How do I do this.A comprehensive reply will be really appreciated.
Thanks.
Please advise???
Thanks
Anupam Dash
22 December 2012 at 16:59
Sir/Madam,
I had given my house on rent. The tenant was running a small firm/enterprise in the tenanted premises. Now the tenant has not paid me the rent for the last 6 months inspite of my repeated reminders. For the last 4 months he is absconding leaving behind some of his property like computer and such other things. I actually belong to Cuttack, Orissa. I approached the Orissa High Court through a lawyer and the Hon'ble Court directed me to approach the appropriate lower court. Now I have 4 questions regarding this:
1) under what provision of law should I approach the lower court?
2) can I pray to the Court to attach the property of my tenant of what has been left by him and sell them in satisfaction of my unpaid rent?
3) In the event the tenant does not appear in court inspite of his summons, then can this case be decided in my favour ex-parte?
4) How much time it will probably take for the case to be decided so that I can take possession as I had taken a loan to make the house and is facing serious difficulty since I am not getting any rent?
Kindly Help.
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Limitation
My Original suit in money has been dismissed by additonal judge arbitarily. My limitation is well within 3 years but the judge says that if the limitation period starts on 01.01.2012 than it end at 31.12.2015 and not 01.01.2016 but he limitation act under 12(1) has clearly specified that the start date to be excluded and end date to be included. My counsel is advising me an appeal as A.S which will be heard after 4 yrs. But I am insisting on him to file an Civil Revision Petition under article 141 and 375 clearly indicating that judge has to rule within the framework of constitution and therefore to setaside the judgment of the additonal judge. An I correct in insisting this?