Mnselvaraaj
14 November 2012 at 10:38
REAL PROBLEM
'A' ENTERED INTO SALE AGREEMENT WITH 'B' IN THE YEAR 1995 FOR SALE CONSIDERATION OF RS.5LAKH 'A ' RECEIVED RS.3LAKH AS ADVANCE. 'A' FAILED TO EXECUTE THE SALE AGREEMNT TO 'B; IN TIME
WHEN SALE AGREEMENT BETWEEN "A" AND "B" IS IN FORCE ,'A' GAVE GENERAL POWER OF ATTORNEY TO 'C' IN THE YEAR 1998 FOR THE SAME PROPERTY SUBSEQUENTLY "C" ENTERED INTO SALE AGREEMENT WITH "D" FOR SALE CONSIDERATION OF RS.3LAKH.
Note the point :-
sale Agreement between "A" and "B" is Rs.5lakh
Sale Agreement between "C"and "D" is Rs 3lakh where A,C and D are from same family
"B" sent a legal notice to "A" calling upon to execute the sale as per sale agreement "A" is not ready. Then"B" filed specific performance suit against "A".
When suit is pending " D'" filed a suit against "A" and "C" praying to execute the sale suppressing the suit filed by "B". A,C and D became collusive in their suit then filed joint memo to get decree in favour of "D"
"B" already obtained ad interim injunction for not alienating the suit property. when suit and ad interim injunction is in force A,C and D encumbered the suit property through their suit.
"B" impleaded "C" and "D" as parties in her suit. trail conducted C and D set expartee. "A " contested the suit. suit was decreed in favour of "B" with absolute injunction.
"A" went Appeal against "B" suppressing the encumberance in memorandum of appeal "A" impleaded C and D as respondent. Appeal allowed in favour of "A".
when decree and injunction and appeal suit are inforce A,C and D sold the suit property to third person is it valid.
please comment on this problem what is solution for "B"
Thanking you
Sundaram
Member (Account Deleted)
14 November 2012 at 03:35
Sir/Madam,
My brother joined in Central Government Service as a Defence Civilian Clerk in the year 2010; Later he cleared SSC exam and got selection in Central Excise & Customs. In his previous department he was allotted PRAN number by NSDL. As he thought it would be difficult to get NOC from Defence, he had not intimated about his appearance in SSC exam. Now he also not disclosed the fact that he was a central government employee to his newly joined department as he does not have a NOC. Whether his new department will trace the fact while allotment of PRAN number? If yes, what should be done in this regard? Please advice.
Sadanand B. Panchal
13 November 2012 at 23:10
Respected Experts,
There is a dispute of ownership under First Appeal before Hon’ble High Court. One of the family member of Lessee of the land had filed a civil Suit against another Family member of the Lessee and X Society, hence First Appeal pending. I am residing in the same land. The Co-operative Society appointed a developer and executed development Agreement and also irrevocable Power of Attorney in favour of the developer for reconstruction of the building of the society. One member of the Lessee did not gave vacant possession to the developer, therefore the “Co-operative Housing Society X” filed Civil Application personally before the same Hon’ble Court and obtained an order in consent terms signed by all the parties including the Society X in spite of the Constituted Attorney of the Society X was the developer. Is it legal to file proceedings by the Society X after the Society had already executed a Power of Attorney to the developer and to obtain the Order? If it is a fraud or contempt of Court, then can I inform the Hon’ble Chief Justice of the Hon’ble High Court to expose the fraud by way of simple application as I am third party but affected by the fraud in some other reason? There is another reason that the parties of the First Appeal are 18 nos. and I cannot afford to file contempt Petition because of my poverty.
Regards,
Sadanand B. Panchal
surjit singh
13 November 2012 at 13:42
A title suit the is pending before the Munsiff court. Relating to the same an status quo order was passed by the District Judge. The status quo order was violated by the defendant which was brought to the knowledge of the Munsiff court by filing a Misc. Application under O 39 R2A. But the Munsiff court appointed an advocate as a commissioner in the main Title Suit. The commissioner thereafter submit its report on verification after going to the spot in the main title suit.
In the meantime the Munsiff treated the Misc. application as a seperate and notice were seperately issued upon which the defendant entered appearance and thereafter from several dates the defendant is absent. The Munsiff has also passed an order debarring the defendant to submit its reply as it has crossed about 5 months from the receipt of the notice of the Misc. petition.
My query is as regard the application under O39 R 2A (1) whether the plaintiff should submit the certified copy of the commissioner's report submitted in the main title suit (2) Whether the plaintiff will have to give evidence before the courts as regard the violation. (3) Whether the evidence of the advocate who was appointed commissioner in the main title suit is necessary, when the certified copy will be submitted of the commissioner's report.
Please specify any other formalities to be followed on behalf of the plaintiff in the application under O39 R2A.
Sadanand B. Panchal
13 November 2012 at 13:37
Respected Experts,
There is a wrong entry of name of holder in the Property Register Card. Name of the holder is shown to be a Co-operative Housing Society whereas as per the order of the City Survey Officer the property is transferred in the name of another person as “Other rights”.The Society registered a fraudulent Deed and the false entry was entered in the Property Register Card. Kindly inform me a procedure of getting invalid entry removed in the Property Register Card. Which is the Competent Authority having Power to delete entry in Property Register Card in Mumbai?
Regards,
Sadanand B. Panchal
Ankarsh Rattan
13 November 2012 at 13:25
Sir,
I am a hindu balmiki by birth. DOB year is 1954. I became a member of CNI Church in 1995 due to good ethics of religion. But I never changed my religion on documents but only fills the member ship form of Chruch. Now, somebody complaint that he is a member of CNI church, and got a promotion under SC quota. Please tell me, If I become a member of any religious institution, should I changed my religion. ?
Sandhya
13 November 2012 at 12:10
I am a Junior Lawyer, Qualification B.com., LL.B.
Some clients approaching me for Registration of Service Tax, Vat Registration TOT Registration in that case i have some knowledge.
My Quarries are:
1. As a Lawyer may i do Service Tax Registration, Vat and TOT Registration, Firm Registration, Company Registrations etc.
2. As a Lawyer may i file Tax Returns
3. Presetnly i am practicing in the branch of law civil, Criminal, Labour case, may i take up further above said VAT, TOT, Service Tax Registration.
Kindly you give advise to me, to avoid future litigation.
santosh
13 November 2012 at 09:51
sir if the property was in the name of first wife legal heirs of the first wife are two sons, and after the death of the first wife the husband married a second wife and the second wife has a daughter wheather the property share of the first wife can be shared to the 2nd wife and daughter
Arka Foundation
13 November 2012 at 01:26
Branch Incharge who is not a direct Boss harassing the employee(male)
i.e. checking bags, checking mails, calling on leave days and pestering for business, Suspecting tour bills.
All the above fall under violation of rights or invasion of privacy or both.
Employee willing file plaint to the higher authorities.
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Change of 340 crpc application
In a civil sute , the plaintiff filed a forged document, respondants moved apllication u/s 340 crpc . The plaintiff still not objected to the application and the application is still pending for interim order. In the meantime the respondants found that ...
1) document was forged by plaintiff's son in his own handwriting
2) plaintiff's son is attending the dates of the suite in person and also used to sign his own signature on dates awarded by the trial court (on the order sheet)
3) the suite is of Land property and for that land prorety the plaintiff has made his son his mukhtar-e-khas by a registered deed just after the suite was filed by the plaintiff. Plaintiff has not submitted that deed in court and also nothing was said in the court about this deed by the plaintiff (and respondants also).
Plz tell
1) Can the plaintiff's son be made accused on the above grounds, for commiting forgery with the court and be challanged u/s 340 crpc
2) If yes then what will be wiser, the 340crpc application be modified by the respondants to include plaintiff's son(by filing a modification application), or , respondants shld "not press" their application and then move a fresh application of the same nature this time including the son with the father.
Thanks