dheepak srinivasa
02 December 2012 at 21:24
I have an SLP based on IA dismissal in the sessions court and HC which is listed on Jan 2013 in the meantime the main case also got dismissed. But earlier to this the SC in a connected matter has given permission to agigitate the matter in the main CRP(PD) case by filing a fresh SLP. Now what is the status of my fresh SLp filed which is listed on Jan 2013?
Can I file an appeal in HC against the dismisal of the main case and obtain a stay an than tell the SC that the matter is pending in the HC so the present fresh SLP based on the CRP(PD) of HC can be heard on merits as the matter is now pending before the HC instead of session court?
dheepak srinivasa
02 December 2012 at 21:13
Sir I have my Original dismissed by the sessions court.. Now I am in the process of appeal in HC. now the defendant armed with the sessions court order is trying to sell the property... If he sells the property before the appeal is heard does the doctrine of lis pendens be effective and the status of the property reverted back to the original stage if a stay is granted on my appeal?
KmeduVishnu
02 December 2012 at 20:32
Dear Experts,
Kindly clarify the following doubts under CPC:
The trial court passed an order under Order 11, Rule 14 of CPC thereby directed the plaintiff to produce a document under his custody.
Whether the plaintiff shall file an appeal (CMA) under Section 104 of CPC or revision under Section 115 of CPC.
rajiv dehuliya
02 December 2012 at 19:03
i am rajiv (hindu). my father had 20 acre agricultural and land in dewas (mp).the land is ancestral. i have one sister. i was born in 1952 and sister born in 1960. my father died in 1964.mother died in 2006 jan .
my sister filed a suit for partion in jan 2006 in district court. she asked for 50% of land in her favour. the court gave descion in her favour .
later i appealled in high court but high court also gave descion in her favour.
my opinion is that i should get 75 % and she should get 25 %
plz give ur opinion, what should i do next?
is there any change in law after 2005 in hindu succession act due to which descion get against me?
Mohan R
02 December 2012 at 13:58
Dear Experts,
Iam owner of ground floor of a house built
on plot 45 years ago,there is half-built up portion on first floor whose owner is my brother who is U.S. citizen. So its only one and a half storey very old unit. Adjoining house who are immediate neighbours have boundary wall touching ours. Neighbours house is one storey. So sunlight,free flow of air etc. is there on my ground floor.Neighbour has given/sold house to a builder who will make 3-4 floors affecting me a lot.He/they will also make big money. Building plans of the neighbouring house are sanctioned by municipal authorities. Under the circumstances, can I obtain :-
a) Injunction under which sections of CPC or Specific Relief Act..
b) If so under what grounds ?
c)Any citations/judgments in if not identical but atleast some similar case.
d) Any other expert advice in this matter.
e)Is it prudent to file a suit against the builder/neighbouring owner in such a case.
I shall appreciate a elaborate reply please.Iam aware there are super experts here.
Thank you
praveen
02 December 2012 at 13:20
I just wanted to know,in High court at what stage the case is considered as admited to decided substantial question of law.
the movement notice is issued to defendant, can we call it as admitted?
vinaykala
02 December 2012 at 12:26
dear sir,
i am informed that an administrative decision to transfer of all cases of property valued at less than rs 2 crores are to be transferred from delhi high court to district courts.
has the notification been issued ?
kindly enlighten
vinay kala
dec 02,2012
Jolly James 9447287658
02 December 2012 at 12:07
Suit dismissed with cost. Plaintiff filed a petition to maintain status quo in respect of a way. But defendant closed the way by fencing. Whether O 39 R 2 A is applicable to prosecute the defendants? Or what is the appropriate remedy? please help
Raghu ponnala
02 December 2012 at 08:19
We purchased 40 acres of land in the year 2004. We also checked the link documents of the land. The land shows it is patta from 1955 to until now. We also check the gazette notification of wakf board in 1989 of that village our survey no are not listed. We got our land mutated and also got the patta passbooks form the M.R.O office in the year 2005.
Now in year 2007 wakf board issued another Gazette notification in that our survey number are included. They say that earlier notification they have misprinted.
wakf filed a case with R.D.O and submitted a survey report form their department to R.D.O for the ORC as it is wakf property. Based on the report R.D.O has issued ORC (OCCUPATION RIGHT CERTIFICATION) to Wakf.
q1. What about my transaction and their several transaction before me from 1995.
q2. Where should i go for appeal
q3 Can the change the Gazette notification as their wish is their any limitation or not for the wakf.
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Jurisdiction
A Term Sheet prior to Lease Agreement is being entered into between one party of Hyderabad ( Lessor) and another party of Mumbai ( Lessee). Property is situated in Hyderabad. Stamp Paper for Term Sheet is of Mumbai.Term Sheet is being signed at Hyderabad. However they want to put the clause in the term sheet that read as follows :
"The Court in Hyderabad shall have exclusively jurisdiction over any dispute or difference that may arise under this Term Sheet".
Further they ask me wheteher is it legal to put both Hyderabad and Mumbai Jurisdiction.
Is it Legal? Please advise