G
03 August 2012 at 13:56
One of Co Op Bank has conducted auction of property after obtaining certificate U/S 101 of MCS Act. I have bought that property in auction on 13/06/2012. I have deposited entire amount as per terms within 15 days. Then final sale certificate and sale deed registered and possession is given on 16/07/2012. Now borrower has filed revision petition U/S 154 with Div Jt Registar stating that he purchased DD on 12/07 (within 30 days of auction) for entire loan amount but bank did not accept same and he requested Jt Registrar for set aside of sale. I want to know what are rights of genuine bonafide purchaser in such case of sale deed is already registred under transfer of properties act.
MSC Shekar
03 August 2012 at 11:42
A Specific Relief suit containing the Plaintiff a Private party and two governemnt Departments as Defendants. In this suit Defendant 1 set exparte as he failed to file Written Statement. Defendant 2 has filed written statement and is not coming for Cross Examination of the Plaintiff.
what will be the fate of this suit?
Thanks in advance
Ravikant Soni
03 August 2012 at 11:02
facts of the case:
Plaintiff filed a suit for paritition along with a petition for temp injunction for refraining defendant from alienation of suit properties.
Defendent not filed any ws yet and nor filed reply against application of temporary injunction.
But during argument on the T.I. application the defendant contended by producing a document purporting it to be a certified copy of judgment passed by ITcomm as to partial partition between the parties. and argued that suit properties are already partitioned so suit is not maintainable. Here it is also noticeable that there is no any signature of presiding officer on the so-produced judgement. the place of signature is blank. but It is the certified copy issued by the I T deptt.
we produced a sale deed in which the defendand sold one of suit property mentioning that as a coparcenary property. But he claimed that this property was not in the list of properties in matter before IT com.
my client knows nothing as to the proceeding before IT com.
So kindly help me to come up the situation. we want t.i. in our favor.
jiten
03 August 2012 at 09:27
hello sir
actully i want to file mact complain,so can you please tell me fileing procedure regarding the same please.....
thank you
kotaruraghu
03 August 2012 at 00:00
i am extremely sorry for inconsistent query!
my query is
What is the mode of partition of the property, where the partition has to take place between 3 brothers and mother is alive.
and my point is how to calculate the share of each of the co-sharers
Dipu Madhavan
02 August 2012 at 23:05
Dear Sirs
Whether the Retirement benefits of the judgment Debtor could be attached for realization of a money decree. please provide me Case laws
Dr Sangh Mittra
02 August 2012 at 21:32
Sir,
A judgment was delivered by the Hon’ble High Court of Delhi on 20 December 2006 in a Writ Petition filed by me praying for the quashing of the Order of my suspension dated 30 May 2003 and for the quashing of the Memo of charges dated 28 August 2003.
In the said Judgment the High Court quashed the Order of suspension and the Memo of charges on the grounds of mala fides but in the penultimate and final paragraph of the Judgment observed:
"Nonetheless, it cannot be overlooked that the petitioner did commit certain misconducts which could attract disciplinary action. It would not be proper to let the petitioner go scot free because the action taken has to be quashed for reasons of mala fides as detailed above..."
I , promptly filed a Review Application, on the opening of the Courts on 01 January 2007 that the Court had in earlier paragraphs used alleged misconducts but erred in this para and informed that the unintended observation of the Court was influencing the Disciplinary proceedings which my employer had re-initiated as the Court had given them the liberty to do so.
The employing Organization also filed a Review Application on 21 January 2007 praying for review of certain portions of the Judgment in which the Court had given findings against them.
The employing organization under the control of one of my Deputy Directors who had been officiating in my place during my suspension, issued to me Charge sheet signed by the said Deputy Director and wrote the undersigned with the approval of the competent authority proposes to hold an Inquiry under Rule 14 of the CCS (CCA) Rules 1965.
I kept contesting that the said Deputy Director had no authority A retired High Court was appointed as Inquiry Officer and was paid almost Rs 5,00000/- ( Five Lakhs for the Departmental Inquiry which he conducted ex Parte on the day of my sanctioned Leave on medical Grounds about which I had informed the Presenting Officer-an Assistant Director and Junior to me. I had informed the Inquiry Officer as well by post and Fax one day prior to the date he commenced ex parte.
In the ex Parte conducted on 08 July 2008- the Witnesses filed Affidavits dated 15 May 2008 by way of evidence. The intimation of the ex Parte was given to me after about 15 days. I knew it is over. Later the postage was controlled to reach me only when the date fixed at the Law Office of the retired High Court Judge was over. So I could not know anything nor could file any Defence, even if I wished to.
The Inquiry Officer appointed 27 August 2007 had sent to me the first Notice only on 26 September 2007- and for one month he kept meeting the Presenting Officer and the Witnesses- examining records etc.
I appeared before the Inquiry Officer only once to lodge my protest that the Charge sheet was signed by my Deputy Director in stead of Disciplinary Authority and that the Inquiry may please be conducted only in the office premises. While all others like the Presenting Officer and Witnesses got the Office car but I was expected to reach the Law office of the Inquiry Offier and that too in the evening at 6.00 Pm so after lodging my protest I stopped going to him and requested my employer to hold Inquiry in the Office premises.
The Inquiry Officer appointed on 27 August 2007 submitted his Report on 26 September 2008. I was not informed nor came to know.
Since the Review Application filed by me and my employer on the Judgment dated 29 December 2006 requesting the Court was pending I was awaiting the same.
In January 2009 I was handed over the Inquiry Report in which 8 out of 12 charges had been upheld by the Inquiry Officer in the ex Parte.
I wrote to the CVC and the Central Government. The CVC stated the First Stage Advice had not been obtained from them. They wrote to my employer to know why it was not taken and requested that the Second State Advice be taken.
The Department sent some papers on 20 September 2009 and after a protracted correspondence the Second State Advice of the CVC received in March 2010 recommended that I be served a Caution Memo and observed on their file ( known by me under RTI) that the element of retaliation against me for exposing financial irregularities is discernible and can not be ruled out.
My Organization served to me a Memo in August 2010 asking me to make a representation as to why the Major penalty of removal from service be not imposed upon me.
I approached a Lawyer of High Court on 21 August 2010, who I learnt later on was deeply in Collusion with the Officials of my Organization. I prepared and handed over the Writ to him but he insisted I must file the reply to the Memo dated 20 August 2010 which was filed by me on 07 September 2010.
I was issued another Memo dated 15 September 2010 that my demand for the provision of documents 9 which had been kept locked and sealed in a room in my Organization since 2003 cannot be met and these are either nonexistent, or irrelevant. I was informed final decision would be taken on my representation dated 07 September 2010.
My Advocate would not file the Petition. On 24 September 2010 he filed, finally the Writ Petition and said it was for objections. On 25 September 2010 he removed the Objections and refilled. The case came up for hearing on 2010 and the Advocate of my employing organization submitted that they had filed the final Order of my Compulsory retirement on 25 September 2010.
In the Order which they handed over to the Court on 27 September 2010 it was mentioned in hand Issue Today signed as 27;09.2010 it was mentioned that since the Judgment dated 20.12.2006 had become final as no adverse Order had been received by the Discilinary Authority till date the Disciplinary Authority, after consideration of my representation in which I had mentioned that the Review was pending, the Order of Compulsory Retirement with effect from 25 September 2010 with disqualification for any future employment in the organization was passed. It was stated that it is issued with the Approval of the Disciplinary Authority( the signatures of the DA were not there on this Order).
The Judgment dated 20 December 2006 was reviewed , the Judgment was reserved on 16 November 2009. The Judgment was delivered on 28 February 2011 . The Judgment read :
"there are good reasons to exercise that inherent power in this Court by giving some clarification in respect of the judgment"
"that this Court never intended to give any final view"
"The observations made by the learned predecessor Judge ..., however, can be understood by anyone to be the final findings of the Court"
"I am therefore of the view that this is a case where this Court should use its inherent power to do justice between the parties by giving the aforesaid clarification now"
"that none of the observations made in the judgment dated 20th December, 2006 was a final expression of opinion of the Court on the merits of any of the allegations levelled against the writ petitioner in the charge-sheet given to him"
I am in the Court- the Respondents have been served Notices and some of them have filed Counter Affidavits and I have filed rejoinder. Some of them , impleaded in person especially my Deputy Director have informed the serving clerk as I read in an inspection of the file that he has retired and go to the Office. The Union of India is yet to file Counter Affidavit.
After this long submission my humble query is as as written in the Order of my Compulsory retirement dated 25 September 2010
Could my Disciplinary Authority have treated the Judgment dated 20 December 2006 as final (as written in the Order of my Compulsory retirement dated 25 September 2010 issued on 27 September 2010, when the Review was pending?
The Judgment search reveals the final Order of disposal of the said Writ Petition as 28 February 2011.
I have been contesting the case myself after having been literally cheated by the Advocate.
Please advise in whatever way and answer my query in the penultimate para of this query.
Thanks,
pankaj kumar gupta
02 August 2012 at 17:52
Is it worth going for legal action against Spice mobile for a Defective hand set. cost is Rs.3729/-.
What will be the cost of litigation and can it be recovered ?
case details attached.
Jolly James 9447287658
02 August 2012 at 17:17
Son and mother entered in to sale of family property by an oral contract and received advance amount. Is it enforceable
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Engagement breakup
Hi Experts,
I have been engaged 6 months ago and later on many disputes came up and we dropped off from marriage due to the worse behaviour from brideside. we have intimated them immediately after 2 days of engagement about our decision and they kept quite for 3 months. After 3 months they came to our house and shouted on us and asked us to come to their place. Later on they approached some retired police officer and he called us couple of times threatening us that we all will be put in prison if we don't go there and settle. We even agreed to pay compensation though the fault is from both the sides. The engagement is not done in any function hall it is very simple in a small room but with photos and videos. We approached some lawyer in our locality and he contacted them and he says that they are more powerful in this type of cases but one of my friend's lawyer says that I should send a legal notice in advance to be safe side. I am in a confused state of mind what to do.
Please advise what we have to do to be safe side either to send a legal notice in advance or wait till they take some action. Our family is very decent and soft going but they are very rude and shout all the time. Is there a law for engagement? what case they can file on me we did not take a single paisa. They are threatening to drag us on road. what action I can take. Please advise. Thanks in advance.