Ruchin Mittal
30 March 2012 at 19:56
Dear Sirs,
I have a shop in My Own House which was rented some 20 years ago . Now I need that shop to Set up Business of my Son
who is Unemployed .I don't want to sell the Shop . I will use it for my own Business. I am Retired Central Government Employ and My son was a Engg College Student. He needs that shop to set up his own Business & office . I have filed a Court Case in August 2009 . But Still not Got any Judgement in my Favour . My Son has zero Income . The opposition Advocate keeps not delaying the case by giving false "Daleels".
Can I get immediate Passesion my Shop on Grounds of " Bonafide Need " and use Judgements*** of The Honourable Supreme Court of India to speeed up my Case in My Favour (*** http://www.indiankanoon.org/doc/647443/)
Uday Shankar Upadhyay & Ors. vs Naveen Maheshwari on 18 November, 2009
Bench: Markandey Katju, R.M. Lodha
rajesh kaul
30 March 2012 at 18:55
Dear Concerned,
My father filled petition of eviction of property form tenant, he won the case from rent controller as well as from session court, now we have proceeded with warrant of possession as there is no stay from any higher court in india.
The executing authority rent controller is giving date after date to submit the objection from JD, legally what is process for issuing warrant of possassion and how many dates he can give to JD for filling any objection.
Regards
vicky
30 March 2012 at 18:34
Please can any body provide me Rules under section 26 of AP Boundaries Act, 1923. as per my understanding this relates to Width of pathway/cart track in agricultural land in the absence of specific mention in old documents.
basavaraj shiromani
30 March 2012 at 18:29
As I have already discussed earlier, my friends are confused about my question. Therefore in order to clarify the matter, I again putforthing the facts.
In a partition suit defendant filed an unregistered partition deed which is not exhibited because his evidence is not yet started. Now the case is deferred for further cross examination of the plaintiff. Here in this case, defendant wants to confront his document under the cross examination of the plaintiff. That means, the defendant is compelling this plaintiff to read the contents of the document and to identify the signature. Whether is it permissible under law.
Hon’ble Supreme Court in Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. & Ors. {(2010) 8 SCC 24; Decided on 26.07.2010} held as follows in para 13.5 and 16 respectively:
13.5) A classic example of correcting an error committed by the draftsman in legislative drafting is the substitution of the words `defendant's witnesses' by this Court for the words `plaintiff's witnesses' occurring in Order VII Rule 14(4) of the Code, in Salem Bar-II {Salem Advocate Bar Assn. II Vs. UOI (2005 6 SCC 344)}. We extract below the relevant portion of the said decision :
"Order VII relates to the production of documents by the plaintiff whereas Order VIII relates to production of documents by the defendant. Under Order VIII Rule 1-A(4) a document not produced by defendant can be confronted to the plaintiff's witness during cross-examination. Similarly, the plaintiff can also confront the defendant's witness with a document during cross-examination. By mistake, instead of 'defendant's witnesses', the words 'plaintiff's witnesses' have been mentioned in Order VII Rule 14(4). To avoid any confusion, we direct that till the legislature corrects the mistake, the words 'plaintiff's witnesses, would be read as 'defendant's witnesses' in Order VII Rule 14(4). We, however, hope that the mistake would be expeditiously corrected by the legislature."
basavaraj shiromani
30 March 2012 at 18:25
As I have already discussed earlier, my friends are confused about my question. Therefore in order to clarify the matter, I again putforthing the facts.
In a partition suit defendant filed an unregistered partition deed which is not exhibited because his evidence is not yet started. Now the case is deferred for further cross examination of the plaintiff. Here in this case, defendant wants to confront his document under the cross examination of the plaintiff. That means, the defendant is compelling this plaintiff to read the contents of the document and to identify the signature. Whether is it permissible under law. If you again confused to my question, I am attaching herewith a file to understand my question.
RAHUL MAHAJAN
30 March 2012 at 17:18
Sir,
Is there any time limit before which we can not file a claim case in MACT regarding injury and also when we have not got disability certificate?
Rasik Dagli
30 March 2012 at 14:12
Dear Sirs,
I tried to search the Text of " CREDIT INFORMATION COMPANIES REGULATIONS -2006" on the web site but did not found the text.
if possible please provide the same at your earliest.
Thanks,
Rasik Dagli
Advocate
rasikdagli@yahoo.co.in
dhivya lakshmi
30 March 2012 at 14:00
my father bought a house in chennai 7 yrs back by using bank housing loan. my grand parents and my two uncles along with their family(my father's two younger brothers and their wife and children).And my father's first younger brother(has died before 10yrs back)'s wife and her children were now staying in that house.my dad's relatives are saying in my house as tenants oly.but till this date they dint gave any amount.my father,mom,brother and me are residing in govt quarters in chennai oly.we are paying our bank loans every month.still 8 more years is there to pay the complete amount.now the problem is that my uncles are not vacating that house and saying that they are contributing some amount to my dad to pay that bank loan and they are having equal share in that house. All the original documents are in bank only. my uncles and grand parents are now claiming for equal share in that house by saying that above thing.pls give us a proper suggestion.got lot of confusions and problems because of them. they also threatens us by saying that they will kill we four if we tell this matter to anyone and all.so we gave complaint to police.when police asked my uncles abt that they said they dint told like that and all. My father is the eldest son to his family. but his parents also now threatening us to share that property with their other sons.pleas provide me the proper suggestion for this.
property
30 March 2012 at 13:11
Dear Experts,
I am from Christian by religion. My father has left a will giving all rights w.r.t to his immovable properties to me and my elder brother.He has written that 50% of the same belongs to each.
My sisters are unhappy with the will.One of them has sent a notice threatening to go to court.
I am married and child less.
My elder brother is saying that he does not want to partition the land of the house in which we are residing but wants to partition only the old building (structure).But he supports the WILL.I understand that in Andhra pradesh, WILL need not be probated. But my brother says he wants the will to be probated.What
Should I do. Please help me with your valuable advice.Thanking you all in advance.
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Surety bond for service
Dear Sir,
I request you to please clarify if my surety bond for employment is enforceable in law or not.
The Surety Bond which my mother executed goes as follows:-
1) Bond was for Rs 2 Lakhs for a period of 3 years
2) Whereas Job offer was a contract job initial for 3 years and may be extendable on the discretion of management with one year probation.
3) How company can put 2 contradicting condition at the same time. Is not is like a becoming Slave for 3 years.
4) During signing of Bond I did not seen this clause in detail, since that moment I was in need of a job
5)However company after 1 year issued a letter for regularization, what I mean it was a completion of my probation. The real meaning I dont know. Letter simply saying regularization job after successful completion of 1 year.
6)Whereas Company saying it has extended the the tenure. But there is no clear cut written communication.
7) Upon my resignation, company accepted it with a condition to pay band amount.
8) When I quit the job I made a request to MD of the company for waiver of bond amount.
9) However, In these 5 month there were no kind of communication from company side for the payment of Bond.
10) Legally, Company is a Private Limited Company.
11) Now, after around 5 months, company is issuing legal notice in the name of my mother to pay band amount.
Other part of Job was:
1) Job was not able to provide sufficient environment for growth and sufficient day to day work. I was getting bore in the job.
2) During my exit interview, I clearly mentioned the dissatisfaction in the job and not proving sufficient work and growth opportunity was the reason for my resignation.
Please let me know under the condition am I bind to pay sum of 2 lakhs. Is not the contract is void under section 27 of Contract Act, where company is restraining my future.
Please advice what to do.
Regards
Amitabh Ranjan