Vijay Kumar
27 April 2012 at 00:50
A document (money receipt) was declared to be genuine in a declaratory suit decreed ex parte. An appeal has been preferred against the decree wherein the document has been challenged.
The opponent party has filed a civil suit for recovery on the basis of above said money receipt.
Can the subsequent recovery suit be stayed u/s 10 of CPC in such a situation?
Naresh Kudal
26 April 2012 at 21:28
Under which law we can give notice or file a suit against licencee for his eviction? is it necessary to give him notice to quit before institution of suit? Please guide.
irfan
26 April 2012 at 20:57
we put a suit in small c court in year 2007, we have 3 house all purchased by our grand father and grand mother in yr 1960, after purchased they give it one house on rent to A(example),my grand fther and mother was expired in 1970 and 75,sins then this property is as it was on rent.sinc, this property is running on their name only, in 1970 occupire gave this house to his brother B (example) sinc then B's son and now his grand son is occupire this house,( but rent slip is still on the name of A only) my uncle admitted a suit to small couse court, at that time they joined all three brother( my grand father"s son) as pittisionar, my uncle take power from other two brother,we file this suit for possession of the suit primises from the defendent on the ground of arrears of rent,permenent alteration and personal and bonafide requirement,at the time of filing the suit our adv did some mistake like we mention survay no in place of mun sesus no , and we do not mention property's location( north -esat-west - south),in present this suit property is using by Mr B's grand son, by mistake we mention him as our tenant, after 2007 suit is going on, at this time issue was framed. in year 2008 we divide these three properties in three brothers with agrement of understanding, and this suit property is belonging to one brother who was power of atorny holder , and entry has been made in the record of city survey supritendent off.so rest of the legal hairs of co-owner have remove their right from the suit primises and now only one brother (power holder) only is owner of the suit premises, in this time issue was framed. at february 2012 i went to a other expert adv for the same, he put a amendment application in the suit (amendments under Order 6 Rule 17 CPC) we ask for all amendment that we require like sesusno, prop location,delet of other co-owner with city survay record evidance,not accept as our tenant,altration in suit primisis, mr A is actual tenant mr B is eleagle occupier, etc. court accept our application amendments under Order 6 Rule 17 CPC, after three days of judjment owner of the suit property( mr power holder) was died, after one month of judjment oponents went to high court against amendments under Order 6 Rule 17 CPC the pitition to the high court under article 226, 227 con of ind so please give me best advise for the same, which type of adv i have to take,what is basic point i have to work out and other u suggest
Navi
26 April 2012 at 20:32
Would like to know whether High Court in India could direct Millitary Enginer Service to perform its obligation and blacklist a contractor according to the contract? Actually MES doesnt want to blacklist but the contractor has caused loss to petitioner by making false promise on behalf of MES.
pawan kumar
26 April 2012 at 19:24
I PAID ADVANCE MONEY 33PERCENT OF DEAL AMT TO PURCHASE PLOT OF LANDIN 2008 AND REGISTRY WAS TO BE GOT DONE ON OR BEFORE31 MARCH 2009.I COULD NOT ARRANGE MONEY AND ASKED FOR ONE MONTH TIME WHICH WAS GIVEN BY SELLER. I COULD NOT MANAGE IN EXTENDED TIME. SELLER GOT HIS ATTENDANCE MARKED BEFORE EX. MAGISTRATE CERTIFYING HIS PRESENCE ON 31MARCH AND 30 APRIL 2009. SELLER SERVED LEGAL NOTICE GIVING ME ANOTHER OPPORTUNITY WHICH ICOULD NOT AVAIL . IN THE NOTICE HE STATED THAT MY AGREEMENT IS REVOKED AND MONEY PAID IS FOREFEITED.AT THIS STAGE OF TIME THOGH 3 YRS WILL ELAPSE ON 30 APRIL 2012 CAN IDO ANYTHING LEGALLY TO PROTECT MY ADVANCE MONEY PAID. I MAY MENTION THAT AGREEMENT SIGNED WAS UN REGD AND IT SPECIFIED THAT IN CASE BUYER FAIL TO GET REGISTRY IN TIME HIS ADVANCE WILL BE FOREFEITED.
kamal
26 April 2012 at 17:52
court has passed eviction orders on exparte basis as tenant never appeared except putting in first appearance on grounds of non payment of rent wherein tenant was given 30 days time to vacate.but tenant has not vacated and place is locked till date. my advocate says his job was to get eviction orders for me. now i should file application for execution of eviction orders. fresh summons will be issued to tenant and it may take 6 months atleast can eviction orders be implemented with the help of police.
Sukesh Kumar
26 April 2012 at 15:16
Hello, can an apartment association pass a law, saying that owners can not rent their property to bachelors or paying guests. Owners can rent only to families. Also, can association has rights to ask more maintenance money from existing bachelors on the ground of more usage or misuse of resources (like water).
S.N.Derashri
26 April 2012 at 12:31
A suit printed on a court fees stamp. Due to mistake by printer the matter of that page got printed on the emblem of the stamp. As the print was not clear the plaintiff, in order to make the contents of the page clear and legible,got the contents of that page printed on a separate paper and pasted the same on the blank space of the stamp.
Q. N0 1. Is it an offence. whether the plaintiff has committed an offence?
Q.N0.2. Whether the plaintiff has committed any illegality ?
Let me know the correct legal position at the earliest. Mail me at derashri_sn@yohoo.com or rediff.com.
Leon Joseph D Costa Correia
26 April 2012 at 01:43
My Housing society charges for car parking is 100 and bike is 50. but if you have an outstanding of more then 10,000 they charge 500 for car and 200 for bike i.e.400% for car 300% for bike because it was passed long ago in some AGM. Is it lawfully right when the Housing society ACT says all maintenance charges should be charged interest to max of 21%. The parking charges are included in the maintenance charges. I was being doubly charged i.e. 400% for car @ 500 per month and 200 for bike @ 300% per month and over this a 21% interest. I was unable to pay because of heavy losses, I have cleared my dues now but I feel this was wrong and can I legally challenge this practice and How? will somebody advice me.
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Divorce
Res sir,
my divorce case is going on in the court, i want to ask u, after divorse can i get the maintaince from husband i hv no child.