My friends Husbandha's filed case is in maharahstra.But her advocate has not given proper service and neglect so many things. But advocate had taken huge amount in initial stage. Now she want to take action against her. What is the procedure? May she can file case in consumer forum ? Or bar council will better option ? Who much time it takes? She canfile complain in Barcouncil or consumercourt of her own state ? please reply.
prabhakar srivastava
01 December 2012 at 22:42
Plentiff filed a regular suit in the court of civil judge j. d. through minor plentiff without an application under order 32 rule 3 cpc and without appointing the next friend. The court granted temporary injunction.
Defendant appear and filed an application under order 32 rule 2 cpc for plaint taken off the file.
Sir please advise me what is remedy for plentiff to save his rights and temporary injunction?
Please state some relevant cases regarding to this case.
prabhakar srivastava
01 December 2012 at 22:11
Plentiff filed a regular suit in the court of civil judge j. d. through minor plentiff without an application under order 32 rule 3 cpc and without appointing the next friend. The court granted temporary injunction.
Defendant appear and filed an application under order 32 rule 2 cpc for plaint taken off the file.
Sir please advise me what is remedy for plentiff to save his rights and temporary injunction?
Please state some relevant cases regarding to this case.
Dear Advocates,
My client had purchased a plot No. 71 in X Nagar, Tamil Nadu. In the adjacent Nagar Y another person purchased plot no 25.
But, plot nos 71 of X and 25 of Y both are adjacent plots but in different nagars.
Owner of Plot no.25 of Y nagar, is trespassed into plot no.71 and started construction in it and he said that that is his plot.
what is the remedy for my client?
Could you help me in this regard?
From
V.Sundaresan,
Advocate.
GREENKAIJ
01 December 2012 at 17:27
सब से पहले सर मैं महाराष्ट्र के मराठवाडा रीजन का रहेना वाला हूँ.
सर १९४८ में यहाँ निजामी हुकूमत और इंडियन गोवेर्न्मेंट के बिच जंग जैसे माहोल हुआ था या फिर कुछ ऐसे ही. जिसे पुलिस एक्शन भी कहा जाता है.
उस वक़्त सब अपनी अपनी जान बचाने में थे.
उस वक्त हमारे दादाजी को एक लड़की मिल गयी जिस की उम्र ज्यादा से ज्यादा ३ साल होंगी.
उसके कोई भी रिश्तेदार का पता चला नहीं.
या ऐसा भी हो सकता है.वो पुलिस एक्शन में मारे गए हो. पता नहीं.
फिर उस लड़की को हमारे दादाजी ने उसे छोटे से बड़ा हुए तक संभाला. और उसके बाद उसकी शादी करवाई.
शादी के कुछ साल बात उस लड़की की मौत हो गई .
और उस के कुछ साल बाद उसके पति की भी मौत हो गई
लेकिन सर उनके नाम गाँव में जमीन है. जो के इनाम जमीन है.
अब वो दुसरे के कब्ज़े में है.
सर क्या हम उनके वारस बन सकते है क्या?
भारत के कानून के अधीन.
और उसके लिए क्या कारणों होंगा,
Satishkumar
01 December 2012 at 16:42
On 12/10/2011 I filed a Suit for Permanent Injunction at District Munsif Court emergently along with Interim Injunction and Commissioner Petition. Commissioner petition was allowed on same date. i too paid the commissioners cost. Munsif got transferred. 2 days later we both side counsels accompanied advocate commissioner, inspected suit property. Advocate commissioner colluded with defense counsel and didn't cooperated deputy survayer been summoned. Till date Munsif is not been appointed. But the said commissioner sent a private notice to me, plaintiff warning not to alter suit property falsely mentioning that she have submitted extension memo. *till now defendant side written statement have not been filed. Kindly advise me?
Satishkumar
01 December 2012 at 15:46
SIR,
I FILED A SUIT SHOUTING DECLARATION AND PERMANENT INJUNCTION, AN INTERLOCUTORY APPLICATION SHOUTING TEMPORARY INJUNCTION AND AD-INTERIM EX-PARTE INJUNCTION. PLAINTIFF IS FATHER. DEFENDANTS ARE SON AND DAUGHTER IN LAW RESPECTIVELY. SUIT PROPERTY IS SELF ACQUIRED PROPERTY OF THE PLAINTIFF. I SUBMITTED SALE DEED IN FAVOUR OF PLAINTIFF, KISTH( CULTIVATION TAX RECEIPT), AND XEROX COPY OF THE RATION CARD OF THE PLAINTIFF. BUT MUNSIF DECLINED TO GRANT AD-INTERIM EX-PARTE-INJUNCTION IN FAVOUR OF THE PALINTIFF. NOW CROPS ARE AT HARVESTING STAGE.WHAT ARE THE OTHER ADEQUATE RELIEFS AVAILABLE FOR MY CLIENT?
Divya
01 December 2012 at 14:21
Dear Experts
My grandfather made a will before his death in 1990 & handed over everything to my father & his children…Probate application was done in high court in 1995 by my father after grandfather’s death…All siblings of my father made affidavits & stated that the will is true & that they had no objections for probate..after a few months, mu uncle i.e. father’s brother gets his affidavit cancelled.
High court then asks father’s advocate to send a 2nd opportunity to my uncle so that uncle can come to court & raise objections…Advocate sends a notice to uncle & gives a proof through a courier receipt that its delivered to uncle…Uncle does not come to court to challenge will…Hence high court grants probate to my father…Probate was granted in 2002…
Now suddenly after a gap of 12 years, my uncle harasses entire family stating that he did not receive any courier and the courier receipt shown is fake…Nobody can tell the status of a consignment which was done 10 years back…The receipt does not show the courier company but it shows that the sender’s & receiver’s signature…
The state is that all properties mentioned in the will have been sold..will was genuine…Police on the instigation of uncle is coming at doorstep of our house stating that uncle didn’t receive the courier and will was fake.
How do we tackle this???
Also can I file a cross criminal complaint against my uncle coz he is torturing us for no reason using all contacts, he is claiming for properties which are sold….its a kind of fraud to deny a genuine document…he contradicts his own statements…He had once made affidavit stating will is genuine & later in few months gets affidavit cancelled..Isn’t this deviation of truth a fraud?
Thankyou
Dear sir,
I am a small businessman and do not know much about shares. My 20 shares and 40 shares of my son of Larsen & Toubro, were stolen from the post Office and were got transfered in ones name on 06.06.1994 (18yrs before). Recently I came to know the name and address of the person in whom name the shares were transfered. I never sold it nor I got the money. I requested the company to give me a copy of Transfer deed to check the signatures on it. But Company replied that they will issue the copy of Transfer deed only to the court.
Now the Question is:- Whether I can move to the Court after lapse of 18 years of time and Will the court entertain my request?
Kindly help me before I make up my mind to move the court otherwise I will sit idle. The present cost of shares is Approx Rs 1.0 One Lac Only.
BKB
Contempt
We are a decree holder of a civil suit decided by civil judge(jr) bhubaneswar.As per decree there is a permanent injunction for other party to enter into our suit land of peaceful possession. however the other party continue to create disturbance and not allowing to construct boundary wall, destruct the said wall and tried to encroach, whether contempt of court is answer. if yes which court has jurisdiction. we are filing a execution of decree suit separately.