Kishore
09 September 2012 at 13:29
A commercial co op. society did not allow a bonafide owner of the premises to use the premises saying that the room was illegal and filed a case against him in city civil court which was dismissed as withdrawn. Is the owner liable to pay society dues ? Pl. help and guide suitably as the society is on record saying it did not allow the owner to use the premises and even after court verdict is not allowing the owner to use / rent out the premises.
dr vamshi
08 September 2012 at 20:16
we filed a bare injunction suit to protect ancestral properties ,from alienation against co parceners. there was no prior partiotion of these properties.the court ordered status quo.there were 4 defendants.the defendant no 1 remained exparte and thenotices were held insufficient to def 2,3,4.the court ordered status quo,till def 2,3,4 appeared.
in the mean while,a suit property which was in the name of def2,3,4 in the revenue records was purchased by defendant1 , in his wife's name and the same day he sold it to third party.now we are planning to move the contempt application under order 39 rule 2a. my query is
(a)can we make the wife of def 1 also a party to this along with defno1 and def 2,3,4.and can we also make contempt application on the purchaser(third party), if so citations related to these
(b)can we cancel the sale deeds and restore the properties to previous state ,in the same application(supporting citations pls)
(c)the defendants now are planning to alienate other suit properties also, what is the other alternative step to protect them from not alienating
pls remember, that we are not in a position togo in for partition at this juncture
tdeli
08 September 2012 at 18:17
A tenant made a payment on behalf of his landlord regarding Electricity and Water charges in the name of the landlord.There was no written agreement and the tenant deposited the same and stopped paying rent.
The tenant issued a legal notice to the landlord regarding issue him the receipt for Advance Rent for the expenses incurred by him as asked to him by the landlord.
The landlord issued a notice of demand to the tenant for arrears to which tenant never replied and never deposited any rent as he had already issued a legal notice to the landlord for advance rent.The landlord filed a case against the tenant for non payment of rent.
The landlord had stated in his cross examination (which was denied earlier in his petition) that he had received such a legal notice from the tenant and did not reply to the same .
Will the Courts now agree to the advance payment made by the tenant to the landlord to which he had duly issued a legal notice for receipt of rent much before the the issue of notice of demand or not .
Thanks...
Surrender K Singal
08 September 2012 at 18:15
What is the value of after thought documents being filed by defendants much after completion of pleadings and expiry of even extended date for filing of additional documents;
In any case the belatedly filed documents have no link to any of the pleadings whatsoever !
Can such unwarranted suo moto filing of unconnected documents be taken cognizance of ?
Which section / Order of CPC debars such late filing ? Any citation please !
arunkumark
08 September 2012 at 15:33
in a society Agm if the election process could not be completed due to no of objections by defaulter members then what is nextstep.The agm is fixed as oer the direction and order by deputy registrar hsg society.
i want to know whether the same managing committee continue as care taker committee. please reply in details.
ksvrajuadv
08 September 2012 at 14:17
Hi Experts,
one Advocate appeared in one case for plaintiff eg (sukhchain singh vs Satnam singh)property dispute between brothers,in both cases I am from defendents side & in other case same counsel appeared agaist that plaintiff eg (manpreet kaur vs nirmal singh etc) in which defendent no 3 ,but here Iam not represent defendent no 3,who is plaintiff in above stated case and this is again property dispute among mother & sons.mother is 80 years old,illitrate lady & she is living wid her son who is defendent no 3.defendent no 3 arrange counsel for her mother & voluntarily himself become exparete.Now my quary is that can same counsal appeared for & aganist same person in two different cases where matter is almost same in nature.Is it not aganist professional ethics ? what is the remedy available for us? How can I raise objcetion in this regard?
tahnks in advance
Ramesh
08 September 2012 at 13:16
Dear Experts,
In a will 'TESTRATRIX' says "all my remaining lands which are either in my personal cultivation or under tenants are bequeathed to Sri.Mr.'X' Son of Mr.'Y', After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from the persons in occupation and take possession of the lands which are under my occupation".
And further the 'TESTRATRIX' says,"Any property which is not expressly specified herein shall be inherited by Smt. 'A', Wife of Mr. 'B' as the residuary legatee.The persons mentioned above shall after my lifetime enjoy the properties bequeathed to them with absolute rights".
Under the circumstances What should Legatee/s Mr. 'X' and Smt. 'A', Claim/s.
I request the learned Forum members to guide me in regards to the steps to be taken in making Mr. 'X' WILL ,legally enforceable as the suit is filed in the court and advocate of Mr.'X' is contesting the contents of the WILL; as details of property is not specified in WILL of 'TESTRATRIX'.and as a residuary benefit he is claiming all the property citing the earlier WILL written by the 'TESTRATRIX'( of course, the 'TESTRATRIX' nullified all her earlier testaments through her latest WILL, which is now in force.)
The matter is of Little Urgent nature, please.
Withregards...
Thanking you ALL, in advance expecting an early reply.
arun gupta
08 September 2012 at 10:30
Sir, Mr.A (Bachelor) died leaving behind bank balance without nominee. Besides parents, whether his brother and sister are to be treated as successor under the Successions Act.
Deval
08 September 2012 at 00:04
My query is as to when an ex parte order/decree can be passed in a civil suit by a lower court? In my case, the issue is that the opponent's lawyer or the opponent himself hardly turns up when the matter is scheduled in the court.
Thank you, Sirs.
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