Adv Digamber Dalve
15 March 2012 at 22:16
1) what is difference between expartee decree and decree pronounced under order 8 rule 5 of c.p.c.?
2)A party has appeared before court and filed his written statement but failed to cross examine and produce his witnesses and court pronounced judgement is it a expartee decree? whether it can be set aside under order 9 rule 13 of c.p.c.?
3) please support me with proper authority?
Raman
15 March 2012 at 21:34
Sir,
In one case of fraud and illegal appointment, the CAT has directed the organisation to keep the record ready for court persual.The counsel/Organisation didnot furnish record and got 4-5 adjournments and the court has given final opportunity to furnish records but agin refuted by ground of illness.and on the last hearing the cousel submits that records has been misplace.The CAT has directed to search reocrds and gave last final opprtunity and failing which action will be taken aginst them..
My query is what action can be taken by the cat aginst Organisation??
silan shaikh
15 March 2012 at 20:37
if ancestral property being sold all heirs wil get right towards the share out of the property,
now property got sold--->all heirs got share leaving---> one of the heir newer got share ,and was not aware also, came to know about it when came in the news paper, after property selling mutation is done now, property reached after mutation for partition. this is the stage at the present.
1.now my question is at present pendancy of partition case is before Land revenue court so now interested party can put for intervention application before Land revenue court or else will have to file a civil suit before a civil court???
2.if filing a suit than wat nature of suit???
3. whether interested party can not fight for their right befor the land revenue court???
Abhijat Gupta
15 March 2012 at 20:27
Please advise me the right of a wife over the property of husband(earned or possessed by husband only)
pawan kumar
15 March 2012 at 19:37
my right of defence was struck of as i did not file w/sin eviction case in 140days frpm date of appearance.can iget it restored by filing appeal in session court.
ashwin iyengar
15 March 2012 at 19:26
can u please help me with this problem.
Navneet enters into an agreement of sale on 2 october 2000 with mithun who is the owner in possession .the agreement relates to 3 acres of land .the aggregate value of land is as agred upon is 50 lakhs.navneet is put in possession of the land by mithun in pursurance of part performance of the contract on 2 october 2000. Navneet pays an amount of rs 10 lakh towards part consideration of the agreed sum the period of performance of contract is stipulated to be 5 years from the date of agreement. Navneet seeks specific performance in 2007 . mithun refuses specific performance in 2007 . mithun refuses specific performance . one of the contentions raised by mithun is phenomenal rise in the value of the land . on refusal by mithun , navneet approaches the court seeking specific performance and claims inter alia in the suit that he is ready and willing to perfom his part of contract.
udit garg
15 March 2012 at 17:29
In a rent case when dercee has been passed in landlord`s favour and execution proceedings are pending and are likely to be executed for warrants of possesion as no stay has been given by session`s court can tenant apply to high court for stay( both appeal in sessions court and execution is pending for arguments)
M.Sheik Mohammed Ali
15 March 2012 at 15:49
dear experts,
One of my client facing Money suit at city civil court past 6 years, now i want challenge the case, so could you give me any case law. Fact of the Case. one party (plaintiff) sell the good to my client ( defendant), the defendant half of the payment , and balance amount was not pay to plaintiff, so plaintiff immediately file OS against defendant, now when he issue a notice , and mentioned he is partner, after filling he is proprietor, so how can he claim a partner conduct a OS as proprietor so any one of give me a case law.
srinivasa
15 March 2012 at 14:25
The government sold the property to the IT company as per agreement of sale . The said land was 7.14 acres of hospital for setting up of software development.
Now the MRO passed the order and imposing penalty towards conversion fee for converting the agricultural land
The company purchased the government land and there is existing structures on the land at the time of purchase the land and there is no agricultural land . The land was government land.
The order passed by the MRO is correct or not
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