surjit singh
02 May 2012 at 08:00
An appeal was filed before the Addl. District Judge, Hilsa, Nalanda against the order of not granting injunction in Title Suit before the Munisff's Court. The ADJ in the appeal ordered for status quo and basically directed to rehear the matter. In the meantime the respondent violated the status quo order. Petitioner filed application under Order 39 Rule 2-A, before the Munsiff Court.The Munsiff Court called for a commissioner's report, which was submitted wherefrom it clearly proves that the respondent violated the status quo order. Whether the respondent is liable to be punished under O39 R-2A. I am little bit confused about the wording injunction and status-quo, because in my case the ADJ only granted status quo, and also directed that status-quo will remain till such time the parties submits its documents before the Munsiff's Court and if the parties ask for the same they may be heard on injunction. Till today the respondent have not submitted any land document, whereas I as petitioner have already submitted my land document at the time of filing the Title Suit along with injunction petition. Please enlighten me on this point. After all one is duty bound to maintain the dignity and majesty of the Hon'ble Courts.
It is seen in various decision of SC that one is liable to be punished for violation of court's order even if the order passed later comes to the conclusion that it was an order of incompetent court, provided the person against whom the order is passed does not appeal.
Girish
01 May 2012 at 22:19
One of the Property card is not clear and out of 9 flat owners only one member has registered his name and rest of the 8 hasn,t regsiteredand thsi card has some huge fine. How to solve this issue and want all the 8 memebers to get them reistered
Can a sale deed of a immovable property situated in one district be registered in another district of Uttar Pradesh.
Hetal
01 May 2012 at 20:23
My brother and his wife is living seperated since past 6 months and they have daughter together. Here is my dilema, my brother living at place which I bought 10 year ago in mumbai, it's on my name and i bought it with my hard earn money, before my sister in law left the house she didnt't took her stuff with her. Now, I'm planning to sale the house , i requested her to pick up her stuff with no reply from her side. Last week saturday she filed FIR regarding her stuff in police station. My brother had to go to police station and police people explain both (my brother and sister in law) their marriage is love marriage , and live peaceful. My questions how do i return my sister in law stuff to her and proceed with my flat sale.
deepak
01 May 2012 at 18:48
"SUIT PREMISES IS SHOP". MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER. First appeal in highcourt is CONDITION stay TO PAY XYZ within eight weeks. APPALLANT HAS NOT PAY THE XYZ. AMOUNT THAN WHAT HAPPEN TO MY XYZ AMOUNT WHICH IS BIG? CAN I GET THAT AMOUNT IF YES,HOW?I have asked warrant of attachment under order xxi rule 32(1) of the code if civil procedure,1908.For execution of decree
prakash
01 May 2012 at 16:47
I HV REGISTERED A CASE IN HON. CAT. OPPONENT HAS NOT FILLED REPLY TILL NOW. 3 DATES HAS BEEN GIVEN BY REGISTRAR & 3 BY BENCH. WHAT CAN BE DONE?
Dear Experts
Can anyone speak about the limitation period for filing a suit for rectification of an instrument u/s-26(1) of Specific Relief Act 1963.
AK New Delhi
01 May 2012 at 10:16
A builder based in delhi had advertised in the year 2006 that they were alloting plots at haridwar and were going to give possession within 1 year. I am based in delhi and applied for 3 plots. Till date the builder has not offered the possession of the said plots. He has not even given me the signed copy of the builders agreement. I have paid approx 75 % of the total cost of plots. Balance was to be given against offer of physical possession. The owner of the cuilding company is always unavailable and is avoiding me. Please tell me what legal alternatives do I have?. Shall I file a criminal complaint or a civil suit or go to the consumer court?
Siddhi Agarwal
01 May 2012 at 09:56
I have filed a Execution Petition in City Civil Court at Mumbai in 2011 as the defendants did not honor the order passed under consent terms in 2009. Execution Petition is now pending for hearing and disposal but the defendants are objecting to the Consent Terms agreed upon and filed by them due to ulterior motives.
Are the consent terms filed in court binding on all the defendants ?
Experts pl. advice and guide the course of action.
Payment denyed after receiving succession certificate
I HAVE BEEN GRANTED SUCCESSION CERTIFICATE TO CLAIM ALL THE DUES OF MY LATE WIFE FROM THE COMPANY WERE SHE WAS WORKING AND FROM POST OFFICE WERE SHE HAD DEPOSITED 96000/- IN MIS AND OPENED AN RD ACCOUNT.
MIS ACCOUNT WAS A JOINT ACCOUNT WITH MY SISTER IN LAW. KNOW POST OFFICE IS NOT ACCEPTING THE SUCCESSION CERTIFICATE NOR RESPONDING TO MY CORRESPONDENCE. NOR THEY ARE GIVING THIS AMOUNT TO MY SISTER IN LAW.
SECONDLY THE COMPANY WERE SHE WAS SERVING HAD MADE ALL THE PAYMENT LIKE PF, GRADUITY, ETC. AS PER THE LETTER THEY HAD GIVEN TO ME TO CLAIM THE SUCCESSION CERTIFICATE. THERE WAS ONE FUND OF APPX, 12.0 LAK WHICH WAS ONE DAY SALARY CONTRIBUTION OF THE EMPLOYEE. KNOW THE COMPANY IS STATING THAT AS THIS FUND IS OF THE EMPLOYEE'S OF THE COMPANY THEY WILL DECIDE WHETHER TO PAY OR NOT. COURT HAS MENTIONED IN THE SUCCESSION CERTIFICATE ABOUT THIS FUND TO BE HANDED OVER TO ME. STILL THEY ARE DENYING.
HOW TO CLAIM BOTH THIS AMOUNT