vinaykala
15 April 2012 at 16:57
dear sir,
i have filed a suit for possession of my property in del high court in sep 2010
the issues were framed in aug 11 and the affidavits for evidences given in nov 11.
my cross examination as principal witness is on april 18,12
the defendant nos 1 and 2, who are in illegal possession of the property have now after one and a half rs sought to amend their ws filed in oct 2010.
what sentence they want to add , the contents of which are already in records produced before the court.
while they state that it is just to add legality to their case, my feeling is , it is a ruse to delay the case further.
we shall of course oppose it strongly.
my query is
in their app they state that they are only adding to their ws, old ws info stays, it will not lead to delay in the case.
i understand that once their app is accepted we shall be back to square one with new replication, add denial, new issues, new evidences. am i correct/
or would a judge accept the addition with the proviso that there shall be no more addl rep, admission denial, fresh issues etc.
kindly enlighten
vinay kala
april 15,12
th
Arif Iqbal
15 April 2012 at 09:39
Respected learned members,
1) One of my client has a money claim against a registered Staff Welfare Society of a National Park.
2) The Director of the said National Park is the Chairman and the concerned DFO is the Member Secretary of the said Staff Welfare Society.
Now my query is:
a) Whether it is necessary to issue 80 CPC notice before instituting money suit against the said Staff Welfare Society?
b) If yes, whom shall the said notices be issued?
The matter is urgent, please guide me accordingly.
milind phope
15 April 2012 at 09:27
I have little confusion on the subject.
"A" has made a registerd Will. "B" is Legal heir as well as the administrator of the said WILL.He is also a sole beneficiary of the entire property of "A".
Now "C" and "D" are the other legal heirs."B" has not shown the said WILL to "C" and "D" for 8 long years but during those years "B" has managed to transfer the property on his name without knowladge of "C" and "D" for those 8 years.
Recently "C" and "B" came to know about this WILL and found out that the WILL was made under undue influance on the WILLmaker."C" and "D" has documental evidence to prove that the WILL was made under pressure by "B". My query:-
1)Can a beneficiary hide the WILL from other Legal Heirs and transfer the property with the help of this Will out and out.
2)Now that property is already transferred how can "C" and "D" challange the WILL.
Ramkrishna
15 April 2012 at 00:36
IN A CIVIL SUIT RELATING TO ENCROACHMENT OF COMMON AREA, THE PARTY WHO MADE THE CONSTRUCTION HAS FILED AN OS IN CIVIL COURT MAKING THE CORPORATION AS RESPONDENTS.
WE SOME OF THE FLAT OWNERS WHO HAVE FIRST REPORTED ABOUT THE ILLEGAL CONSTRUCTION TO THE CORPORATION AND WHO HAVE FILED A WP IN THE HIGH COURT ASKED THE CIVIL COURT TO IMPLEAD US IN THE OS.
NOTICES WERE ISSUED TO THE PARTY AND THE CORPORATION REGARDING THE IMPLEAD PETTITIONS.
BUT EVEN AFTER 5 ADJOURNMENTS NEITHER PARTY APPEARED BEFORE THE COURT.
NOW WHAT WOULD BE THE CASE OF OUR IMPLEAD PETTITION.
THE CASE IS POSTED FOR EVIDENCE AND DOCUMENTATION AT PRESENT.
Simran Preet Singh
15 April 2012 at 00:16
rev sir,
please suggest me i have an calling latter to appointment for computer teacher post in punjab which i got in year 2006 after qualifing recruitment test with scoring 70% marks and having good rank in the marit, but during counceling i didnt shown my 1 DMC bcoz i got supply in one subject in this dmc and i recently gives their paper so i tht time i was unable to show tht DMC coz result was not declared but during conceling they told me whnever u got ur DMC then came to us and get ur appointment lattr u have 1 year validity of ur test, but after 4-5 months when i reach at their office then one persion said to me tht these thing happened before now these things not happen here u go and try on next recruitment test, i was too young on tht time and i m belonging to rural area and i m also not too familiar such king of things lyk cases wases etc.
i just want to know now can i now eligible to file case against getting this post or not bcoz time gape is too much in this all matter, if yes then what i have to do, please suggest me nd soryy for my bad english
thnx
Simran Preet Singh
Narayanan
14 April 2012 at 18:37
I have gone through a judgment of Supreme Court about Clever drafting (Head Note : Duties of the court in curbing frivolous and vexatious cases) the text says “, if clever drafting has created the illusion of a cause of action, it should be nipped in the bud at the first hearing by examining the party searchingly under Chapter X, C.P.C. An activist Judge is the answer to irresponsible law suits. The trial court should insist imperatively on examining the party at the first hearing so that bogus litigation can be shot-down at the earliest stage.”
1. In my case Plaintiff on being acquittal from a criminal proceeding instituted by the defendant and on alleged order obtained from the Revenue Officer has filed present money suit for damages. The plaint has been cleverly drafted and is virtually claiming property from the defendant in the guise of money suit. The prayer is only related to damages in terms of money Rs. 12,500/-and cause of action shown is the date of acquittal and an order of Revenue Officer.(The defendant ascertained no such order was passed) The plaint is also trying to bring out the possible contentions that would be raised by this defendant in other civil case pending between the defendant and the relative of the plaintiff(in that case defendant refused the title of Plaintiff's relative). Plaint was filed along with 1 doc. that is acquittal order of criminal proceeding and accordingly defendant filed the w/s. Later at the stage of evidence Plaintiff files application to receive documents which was allowed inspite of strong objection of the Def. Now the case is posted for Plaintiff evidence and Plaintiff is intending to mark those documents (w/o amending the plaint) which lead to claim of property. But the documents are not yet all related to present suit(prayer).
Now my question is with reference to the above judgment can defendant file application under sec. 94(e) and 151 to dismiss the suit without conducting the trail as the plaintiff has camouflaged the cause of action and avoiding a declaratory suit to save stamp duty OR should def. let the plaintiff to complete the evidence with marking the documents. Please suggest. (Pls. Note : The Defendant shall be definitely prejudiced if those unrelated documents are marked)
Adv. khojraj Dhanraj Nerkar
14 April 2012 at 17:08
A purchased a half of the land vide sale deed no 1 and B purchased another half part of the same land vide sale deed no 2,
there is also sale deed no 3 in favour of C executed even prior to sale deed no 1 and 2, which is of the total land and is illegal,
A and B wants to file a suit for declaration and injunction and to challenge the sale deed no 3,
whether A and b shall have to file 2 different suits? or can file a single suit jointly ?
whether declaration is right in rem or persona ?
Atul Jain
14 April 2012 at 17:01
A residential property is owned and registered in the name of a private limited company . A temporary injunction order ( sought by the neighbhour ) has been passed by a lower court against its three directors to maintain status quo and not do any construction on a common wall .Nowhere in the order the judge has mentioned name of the company .
Does the order apply and have any binding on the company .Can the company consider itself immune from the order and go ahead with some construction ?
VISHNU
14 April 2012 at 14:36
R/Sir
1. Anju deserted husband since 14 years. civil court held this fact. In criminal complaint u/s 406/498 anju/wife failed to prove offence and dismissial of complaint. Another in civil suit the husband requested the court that wife may be directed to take stridhan and in that case wife failed to proved the items given at the time of marriage and similarly husband also failed to prove the items received by him during marriage because wife says this is too meare. suit dismissed.
query
1. How wife can recover the stridhan lying with husband as an admitted part by husband, even when suit dismissed.
2. liability of husband of stridhan in coming years because of above facts.
3. Latest law on this points to justify the answers and oblige.
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