Ramesh
11 December 2012 at 10:32
Sir,
What is "ex parte interim injunction?". what is the impact when it is obtained by a tenant against the house owner in vacating the premises?
Regards,
Ramesh
RAMJI
10 December 2012 at 22:28
Background:
A govt official retired as manager in 2005 on superannuation... it is now ascertained thro RTI that the said official DID NOT SUBMIT HIS ANNUAL RETURNS TO HIS DEPT FOR ABOUT 2O YRS (1980 TO 2005) though GOVT SERVANTS CONDUCT RULE WAS IN FORCE.... the PIO has certified this in writing.... on the interest of public.. questions are as below
The said official was the kartha for the HUF properties after expiry of his dad and he did not even show these ancestral properties to dept in the statement of A&L...
1. Having got enough details thro RTI appln, how to go about filing case?can we file it as a personal case or PIL
2. Should we file it to DVAC or court directly.. Civil court / High court
4. any other points/ advise pls
Regards
RAMJI
prabu
10 December 2012 at 15:25
dear sir,
* I had a civil suit in district sub-court and now i got a judgement in favour of me.
* In that suit we asked mandatory injuction,removing encroachment which is occupied by 4 opponents.
* As we asked the judgement we got the same as we expected and the court given 3 months time to remove the encroachment for opponents..
> In that suit there are four opponents
* first person is experte
* second person received the judgement
* third person already removed the encroachment the encroachment.
* fourth person not recieved judgement.
MY QUESTION
* Do i want to register my judgement copy,if yes means why.
* if these people goes for appeal can i use this mandatory injuction to remove the encroachment.
* I already filed a caveat in district court,is there any option for them to put an appeal in high court without filing appeal in district court.
* what i want to do if the opponents not received the judgement.
anish
10 December 2012 at 14:11
Apart from his own properties, my father during his life time acquired several immoveable properties in my and my mother’s name but from our own funds. My father has expired. My younger brother was vagabond so my father has not given him any of his property( he has clearly mentioned this in his WILL.)
Now my brother has filed a suit in Bombay high court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family in all properties and asked for partition decree and injunction order restraining us to deal with all properties. None of the properties are in his name. They are either in my name or in mother’s name.
Suit was filled in Aug 2012. It is still under lodging number. The matter is under admission stage and not reached board till today in spite of regular dates.
I swore my affidavit in reply in Oct 2012 denying all claims and annexing copies of letters which was given by all heirs including my brother accepting Will of my father as far as 11 years back and gave copy to plaintiff lawyer. Before filling this affidavit my advocate had asked for inspection of documents to his advocate on which they are relying for their claim. In spite of being plaintiff they have not bothered to give any inspection till today and on top of that his advocate has now asked us in writing for inspection of our original documents on which we have filled our affidavit .The matter has yet not reached board for admission.
1) Am I supposed to oblige them now for inspection when as plaintiff they have yet not proved their admission or case and no direction from court to us have been made?
2) I wish to show documents only after court’s order or direction. Can I take this stand?
3) In what way my defense affected or diluted or weakened if I do not oblige to their advocate’s direct letter to us asking for inspection now?
4) I was told by their lawyer that if we donot allow for inspection we cannot rely on our documents. I told them that applies when I do not allow for inspection after court’s direction. Is my point correct?
5) What is to be done if I want to allow inspection only after court’s direction or monitoring?
Santosh Nair
10 December 2012 at 11:16
Hi
We had filed a Mutual consent divorce in Feb'12 in Kalyan High Court, Thane, Maharashtra and 1st hearing was in Aug'12. Both parties were present on this day but judge has given us next date in Sept'12. Girl and her family stays in Chennai. They are very adamant and not ready to come down to Mumbai for any hearing.
I want to know is there a way we can still get divorce with one party presence. Since she is not ready to come, can we summon her through court to get Decree. She is ready to give us in writing or give affidavit but not interested to come for any hearing.
Also all this problem is because our lawyer was not present on single day of hearing and not coordinated the case. Also he vanished taking all his fees. Can we file a fraud case against him.
Please advise.
Thanks
Om Shanker Shrivastava
10 December 2012 at 08:12
Can the same be filed at Both the court at one time..The court court passed the decree and the next appellate court i.e. HC? if filed and got admitted at HC ( Appellate court) then what is the same application filed at the court which passed the decree?
shiwjee thakur
10 December 2012 at 00:22
sir ;
Iam a general caste member with an agreement to purchase aresidential plot in patna;Bihar.Is it any ban or restriction for such transaction specialy in Bihar?Please help me.
Dhiraj A Rajhans
09 December 2012 at 20:00
power of attorney was executed w/o monetary consideration in favour of one person. further the persons who executed the said power of attorney cancelled the said power of attorney by issuing legal notice in whose favour the said power of attorney was executed and moreover also gave a public notice regarding cancellation of the same in daily newspaper. it is not cancelled through court.
are such type of cancellation valid in the eyes of law??
want citation to that effect to file in city survey office...
Member (Account Deleted)
09 December 2012 at 18:52
Punjab wakf board ordered to file execution petition U/s 55.Wakf Act 1995. Will you please kind enough what mode of assistance we required from the Ld court to vacate the immoveable property from illegal encroacher
under Civil Procedure Code
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Co-operative society
I am a member of co-operative housing society. In 2010 the election was conducted for housing committee. The term was from Jan 2010 to Jan 2013. It is Dec-12 but still no election programme is declared. The same committe is going continue. It is legal, if not what can be done?
Regards,
janhavi