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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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pawan kumar   02 August 2012 at 17:05

Appeal against eviction orders

i am in arrears of rent. eviction orders for non payment of rent are passed by trail court. can i move application to set aside these orders or appeal in higher court ag. eviction ordrs without making payment of rent as i am out of funds. or ican obtain stay against execution of eviction orders on any of the grounds

Mohan uncle ji   02 August 2012 at 14:11

Suggestion required on final judgment - eviction petition under section 14 (1)(a) of the delhi rent

I am an senior citizen , running a shop from last 35 years in city delhi and my Shop is an unauthorized construction on Goverment Land and this goverment land is adjunct to a Plot that is register with DDA,now the owner of adjunct plot claiming as he was the owner of said unauthorized land and trying to prove me as teanant, but the fact is on this unauthorized plot 8 Shops are built and out of 8 four shops are in possession of diffrent four people but rest of four are in control of adjunct plot owner, for the same he has filed a case - Eviction Petition Under Section 14 (1)(a) of the Delhi Rent Control Act, 1958 and case was finalized with judgement in court of Sh. Pulastya Pramachla ARC-01, East Karkardooma courts, Delhi case No. E-13/11 - Unique Case Identification No. : 02402C0101042011 Judgement date - 02/07/2012 in favour of petitioner - with final order - Respondent found defaulter as contemplated u/s. 14 (1)(a) of the Act. I am not satisfy this judgment and i want to file a appeal against this judgement please suggest do i need to submit amount in court as per judgement order before filling appeal or any other alternative.

ajithkumar.t   02 August 2012 at 11:29

A fraudulent will constructed by one family member

In continuation of the yesterdays question, it is to intimate you that inefficiency of the local advocate is the real problem in getting INTERIM RELIEF OR STAY against the School Manager who functions on fraudulent WILL. Also the advocate says some other impleading petitions filed by some others to interrupt the case asking for their right over some silly matters.
Also he says that since this is a School , STAY order can not be secured.
Sir, Can you suggest for ourself a good and striking advocate near NAGARCOIL OR THUCKALY to act for us in Kuzhithurai court to obtain STAY ORDER.

Please reply

anandkumar singh   02 August 2012 at 09:41

Family arrangement

on the basis of Oral family without producing any evidence they entered their names in patta jamabandi and they claimed that property is for them, it is valid ? Oral family arrangement is legally valid ?

S.G.KRISHNAN   01 August 2012 at 22:15

Pvt.ltd.co. suit filed without authority.

A Private Ltd. Company has filed a suit and also filed affidavits. The person who signed the plaint and affirmed the affidavits is not a Director, there is no board resolution authorising him, there is no power of attorney in his favour and also his name is not in AOA empowering to file suit and or to affirm affidavits. My questions are:
1. Whether the suit is maintainable ?
2. If not, please advise/guide by giving the
case law in the matter.

Charudutt   01 August 2012 at 21:12

Amendment of plaint -remedy

IA filed for amendment of plaint 1(ONE)year ago, oral argument not done ,instead written argument filed and is on record .Defendants have filed objections and have not argued even after getting sufficient time period i.e one year till date . IA pending for order and for amendment of the plaint.
My concerns
1. What are the shortcomings in the process so adapted ( if any ) and what can be done as a remedy
2. Kindly suggest me with a procedure to be adopted requesting the judge to exipdiate the matter and pass an order on IA filed for amendment. Kindly suggest with section/ Rule /Order under CPC
Please help.
THANKS in anticipation of your valuable advice and guidance

pawan kumar   01 August 2012 at 20:08

Reasonable time to apply certified copy of judgement

EXPERTS SAY THAT DEFENDENT CAN FILE APPEAL IN 30 DAYS FROM DATE OF KNOWLEDGE OF ORDERS AND PERIOD TO GET C/C OF JUDGEMENT IS EXCLUDED TO CALCULATE LIMITATION PERIOD FOR APPEAL.IF COURT JUDGEMENT IS DT 3/5/ 2012 WHAT WOULD BE REASONABLE PERIOD TO APPLY C/C AND MAKE APPEAL. IMAY MENTION THAT SUMMONS WERE PROPERLY SERVED AND DEFENDENT APPEARED ALSO AND NOT FILED W/S BUT GOT EXPARTE PROCEEDINGS SETASIDE DURING RUNNING OF CASE.THEREAFTER HE AGIN NOT APPEARED AND MADE COURT TO DECIDE EXPARTE.

Member (Account Deleted)   01 August 2012 at 19:25

Difference

Can anyone please tell me the difference b/w a writ petition,plaint and a civil suit..

Thanx..

Farzana Ahmed   01 August 2012 at 19:15

Maintainance in u/s 125 cr.p.c.

Dear Sir, Please provide me detail of the u/s 125 cr.p.c. is maintainable for step mother by step son. If yes kindly send me detail of which process this is maintainable.

shyam lal sharma   01 August 2012 at 18:06

The land lord right?

Learned Advocate
A landlord has mortgaged his house to Nationalised Bank for 35Lakhs Registered deed in the 2011 and the same house has been leased out for 2years to my friend for 15lakhs unregistered lease deed last month, possession already taken and paid full amount through Cheque. The Property worth more than 85-90Lakhs.
My Queries are as follows;
Once the landlord has mortgaged his property to Nationalised Bank did he having the right to let the property in lease.
Is there any problem to my friend who is in possession of the property.

Thanks in Advance