advcs sagar mt
25 August 2012 at 11:12
Hi every one please provide me information about how to form PRIVATE TRUST which law i should fallow if i want to form trust in assam
nasir ud din mehboob
25 August 2012 at 01:27
An ex-parte degree has been passed against defendant because two exclusive lawyers appointed by him as Head of the Department, after having submitted a written reply to the notice failed to appear perpetually.
The defendant seeks immunity from civil or criminal proceedings as a Civil Servant for having passed an adverse decision against the plantiff. Moreover, during the course of proceedings, Defendant was transferred. And that he had taken more than prudent and abundant precaution, having appointed two lawyers. The plea of immunity and the negligence was accepted in the review court and the degree was revoked. Appellant seeking restoration of the ex-parte degree accuses the defendant of gross negligence also and refers to the fact that both the lawyers stood blacklisted for their negligence. Shall appreciate some links and Case Law to help the Defendant.
With Regards,
N
jatinder kumar
25 August 2012 at 01:26
NEED STRONG CITATIONS
execution of ex-parte decree cannot be stayed during the pendency of application of order 9 rule 13
thanks
Ramalingam K
24 August 2012 at 15:51
A senior citizen aged 80 years is the first defendent in a civil case in Chennai city civil court. Can he request the court to change his case to chennai fast track court.
If yes, what is the procedure for the same.
Thanks.
Regards
Ramalingam K
With reference to the above, even after 5 months of starting of the case, my lawyer is not willing to change the case to fast track court. He claims that, the court will not accept the request to change the case to fast track court. Is this true?
I am not satisfied with this lawyer. How do i change him? Can i change the lawyer without the consent of the present lawyer?
ganesh
24 August 2012 at 10:59
Dear Sir / Madam,
We have rented out our property (ground floor 100*16 metre area) to a departmental store at Pollachi from 2003 to 2005 for monthly rent RS 12000. As we were in need of the rented place after 2005, we asked the tenant to vacate the place at the earliest. With local politicians presence and mediators he promised (document available) to vacate the place by 2009 December for period of 5 years (saying he will build his own store and vacate).
As he is vacating meidators didnt allow us to increase the rent, so 8 years he was paying RS 12000 only. But he didnt take any step to build his own store anywhere in Pollachi. When we asked after 2009 December to vacate, he started giving insulting reply and denied paying rent also. when we asked the mediators, they said tenant will vacate the place by 2012 January.
But still he has'nt started to build his own store neither paying rent and when we asked him to vacate... he asks us to talk to mediators. Mediators behave like cheaters. On top of this the cheating tenant is the Thalaivar for "Pollachi siru viyabarigal sangam" and strated threating that he will kill me.
We became helpless and humiliated to the core by tenants words. Please advise us how to get back our property at the earliest.
Regards
Ganesh
Shraddha Shrihari Marathe
24 August 2012 at 08:56
Pl,Inform latest SC Case Laws on Sec 10 of CPC / suitable website.
vincent
24 August 2012 at 08:15
Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.
vp singh
24 August 2012 at 01:56
my father was surity for the educational loan(15 lakhs) availed by my brother and his daughter. after my fathers death my brother stopped the installments of the bank loan. bank declared the loan as NPA and issued notice to borrowers and surities. my brother is in govt. job and has avoided recovery of loan amount. fathers house was mortgaged and now bank wants to sell that house. what are legal options for me to save that house? what leagal options i have to force the bank to recover the loan from the borrowers(they are more then capable but unwilling to pay)?
Jyothiswaroop
23 August 2012 at 19:45
I bought a land in Bangalore in Oct 2010. I bought this land from the second owner. The second owner had bought it from the original owner in Jan 2009. I have the sale deed in my name as well as the Khata. I have also paid the property taxes diligently.
Now the original owner has sent summons.
I wanted to know whether the original owner has any say in the land transaction I did with the second owner and whether she can bring any stay order on the property now.
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Cooperative housing society nomination for election
Hello
I reside in a Co-operative Housing Society, comprising of 45 Flats, in Kolkata since 1982. Recently the managing committee got dissolved and a Special Officer had been appointed by the Registrar of WB Cooperative Societies to conduct the election for formation of a new Managing Committee. I am a joint member with my mother who is the original member of the society.
Accordingly I had filed my nomination paper for the said election, and the same was accepted by the Special Officer. However on scrutiny, the Special Officer rejected my nomination on the grounds that I supposedly had to submit a "No Objection Certificate" from my mother with regard to my candidature for election as she is the original member.
I requested the Special Officer that I was ignorant of this requirement and inadvertantly I had missed out on submitting the same. Infact, during scrutiny I furnished the NOC but the Special Officer declined to accept it and summarily rejected my nomination.
I would like to know whether such requirement is stated in the bye-laws and whether I can approach the Election Commissioner for appealing against the Special Officer's verdict as he had refused to accept the NOC even when I produced it during scrutiny
Thanks