Nitin
23 September 2012 at 13:17
I purchased and electronic product from a reputed electronic store, my product is under warranty and is not working now. In spite of lodging several complaints they are not sending any technician to repair it. Can I sue them for this as its making me feel as I am not given my consumer right.
Rahul
23 September 2012 at 12:44
Hello,
My father was employed with the Indian Army in MES for GE Engineers for last 30 years. On July 2005 he expired and because of that I have applied for a job on compassionate grounds for the same but unfortunately during the same time my mother was hospitalized and underwent a major operation as her 7 vertebra from her backbone were removed and replaced with titanium rod.
At that time of the event I was unemployed and had completed my master’s degree in Computer Application but when the job on compassionate grounds was given to me in 2009 it was a MAZDOOR job which I rejected as that job profile did not matched my education qualification and at that time I knew no one in my father’s office to pursue the case as he was transferred to Kolkata few year back only.
So my question is:
1. Can I pursue the case after 3 years?
2. I am still eligible for a job?
3. If yes, then what is the procedure to follow to re-open the case?
Dhar
Ramesh
23 September 2012 at 11:39
I have a flat rented to the tenant for the past 3 years. The Lease agreement is for 11 months and it is renewed periodically. The last lease agreement ends on 30-Nov-2012. I sent a letter to the tenant on 25-jul-2012 to vacate the premises by 30-Nov-2012. Suddenly he filed a suit in the court and obtained a injunction to vacate the premises by process of law. I am shocked to see this.
1. What to do next when this type of astonishing things are done?
2. What is injunction? What period of effect will this injunction remain?
3. What will be the duration of the process if vacated by process of law?
4.how to revoke this injunction?
5 people are saying me that if we enter into civil cases it will take a long time and law will take its own course.
6.he was asked to vacate because he was not in proper terms with us(delaying the rent,number given to us was always swithched off,no proper reply for his delay,often reacting in a sentimental way)
7.the person was an intelligent one who can handle law without any hesitation (where to stop us by law)
8.he has the personal intention to use my premesises saying the owner will not come and stay here (residing in other city)this reason is also one quoted by him in his suit
9.it is the wish of the owner to keep the house locked or rented.
kindly help us about the legal ways.
Note: Property is in Trichy, Tamilnadu.
Your valuable advise is required to proceed further.
utkarsh
22 September 2012 at 23:48
How long it take to get bail in cases under section 376 ?other party is fully ready to compromise and both parties are raedy for marriage.please help me by your answers. bail petition is already rejected twice in district court and case is pending in high court.
Other party had also filed a petition for quashing of the case.
vinod sharma
22 September 2012 at 19:44
is this possibale that without amending pleadings plaintiff can take alternative plea of his title in a suit that is on the bassis of his previous possession under section 6 of specific relief act ? (if no then sujjest me some lattest citations of supreme court)
lalit
22 September 2012 at 17:10
WHAT IS PAROL EVIDENCE RULE?
IS IT APPLICABLE IN INDIAN LAW?
IF THERE ARE TWO AGREEMENTS WITH VARYING TERMS MADE AT DIFFERENT DATES AND A TITLE SUIT (SPECIFIC PERFORMANCE) IS FILED RELYING ON ANTECEDENT AGREEMENT WHOSE EXECUTION IS NOT DENIED BY THE RESPONDENT, CAN THE PRECEDENT AGREEMENT, WHICH WAS EXECUTED WITH DIFFERENT CONDITIONS BUT NO OBLIGATION WAS OBSERVED AND/ OR PERFORMED, INCONSISTENT WITH THE TERMS OF SUBSEQUENT AGREEMENT BE MADE INADMISSIBLE AS EVIDENCE.
OR SHALL THE PLAINTIFF'S COUNSEL ASK THE RESPONDENT TO FILE A CROSS SUIT RELYING ON THE AGREEMENT ON WHICH HE CLAIMS RELIEF.
eg.
\"X\"-seller and \"Y\"-buyer on 01.01.11 X entered into an agreement for sale(unreistered) with "full furniture" in respect of a flat to Y, for a consideration of 2700000/- with a condition to complete the transaction by 31.03.11. Y issued a cheque for rupees 100000/- as advance money.
X changed his mind and decided not to part with furniture on account of his sentimental attachment.
X returned the advance money cheque on the very next day without encashing the same and took back the original agreement.
both X and Y mutually rescinded the agreement and decided that both were absolved from all obligations and liabilities of the said agreement.
at a later date i.e, on 28.02.11, after fresh verbal negotiation,it was decided between both the parties that X would sell the flat @ rs.20,00000/- on as is where is and without furniture condition.
X executed a deed of sale on 30.03.2011, which carried no reference of any agreement for sale, in favor of Y at an agreed price of 20,00000/-, but the same could not be registered that day as time for presentation was over.
Later X refused to co-operate for registration.
Y approached court for injunction for sale of said property and specific performance of contract, on 118th day from execution of deed fearing that the document may hit limitation under regn act, produced the duly executed sale deed (as document to be relied upon made as per oral agreement dated 28.02.2011) pending registration and was granted interim injunction.
Y has claimed relief- execution and registration of fresh deed or registration of executed deed and hand over of physical possession.
X then appeared during hearing for extension of injunction, and filed a doctored copy of previous agreement for sale (wherein terms "with furniture" have been removed)with objection petition stating that agreed price was rupees 27,00000/- as per agreement dated 01.01.2011 and not 20,00000/- as in deed.X also stated that the agreement for sale dated 1.1.2011 had expired on 31.03.2011 as per clause therein and further claimed that the original of agreement for sale dated 01.01.2011 is with the plaintiff "Y". The plaintiff has denied the same in affidavit in reply.
X has not denied or accepted the execution of sale deed dt.28.02.2011 in his objection petition, rather he has stated that he had gone to registrars office with the plaintiff Y but the registrar refused registration as he found the property to be undervalued. the defendant X has not filed any order of refusal u/s.76 of regn act.court has made the injunction absolute till disposal of suit.
court has further noted that without ad-idem execution of deed was not possible and the defendant himself claims that he had gone to registrar's office with the plaintiff.
Y has the original executed deed of sale dated 28.02.2011,which carries no reference of any agreement dated 01.01.2011, and is duly signed and with finger prints and photographs.
can the court ask the defendant X to file a cross suit relying on the agreement on which he claims relief?
can the court not allow the precedent agreement to be admitted as evidence as it is inconsistent with terms of the precedent and final document?
if at all the court admits the photocopy of the agreeement as an evidence, the onus to prove the agreement lies on whom?
B.M.NAGARAJ
22 September 2012 at 15:01
RESPECTED SIR, I WOULD LIKE TO INFORM U THAT I AM FROM KODAGU IN KARNATAKA STATE. MY FATHER IS LATE EXSERVICE MAN.MY GRAND MOTHER HAD A 15 ACRES OF PROPERTY.AND SHE HAD TWO CHILDREN ONE MY FATHER AND HIS SISTER. AFTER MY GRANDMOTHER'S DEATH.MY FATHER AND HIS SISTER SOLD THE PROPERTY IN 1978. HAS MY FATHER HAD 3 CHILDRENS CAN HE SALE THE PROPERTY WITHOUT ANY SIGNATURE FROM THE CHILDREN.AS MY SISTER AND BROTHER WERE MINOR AT THAT TIME. NOW HAS A 3RD CHILD CAN I PUT UP CASE AGAINST THE SALE DEED WHICH WAS RESGISTERED AT THE YEAR OF 1978. IS THEIR ANYTHING I CAN DO AFTER 33 YEARS.
dhiraj anchan
22 September 2012 at 13:24
i am from navi mumbai had taken bisnuess loan in patnership we (both patners had morgage their respective properties in bank.this bank is a co-oprative bank due to verious problems our buiseness didnt work out and we where unable to pay EMI on time so our account was transfered to an npa account after that my patner paid his outstanding i didnt had that much amout to pay so they (bank) seald my property and put it in auction somehow i manage a coustomer to buy my property at 22lacs which orignall cost is arount 30lacs and he(buyer) was suppose to pay 14lacs as the settlement amount .he paid the amount to bank and paid me 2lacs.and my property was handed over to to buyer and was mutually decided between us that when is get my rest payment of 6lacs will hand over the possion to him. rest 6lacs he(buyer)was suppose to give while registration .while we went to register my property at registrars office after sining the sale agreement buyer told me that he needs more time to adjust the rest amount of 6lacs he said he need time to pay rest amount and is not welling give postdated check of the said amount so i dint allow him to register my property now he had done some kind of setting inside bank and asked for repayment and bank took action against his request and sealed my property again.i am not able to understand i had paid bank the settlement amount 4 months before and yet they have not credited in my account if there is some dispuit its between me and my party i am unable to understand why bank is interfering in this matter since i have introduce party from my side n agreement was done between me and my part bank was not involved in it.i have been advice to attach the property from court n send legal notice for u pending amount of 6 lacs to party. if anyone can give me guidance for what are the further steps i have to take and which laywer should i contact.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Appeal against order on a preliminary issue dismissed
I know that appeal against a order about a preliminary issue is not maintainable, But if by mistake an appeal is filed and same is dismissed at admission stage, What course of action is available to the litigant to correct the error? Is there any provision to file fresh revision in the same court who already dismissed the appeal?
pls refer attached is the order of appellate court.
Thanks