kamal
03 March 2012 at 16:17
case filed for ejectment of tenant for non payment of rent has reached the stage of exparte evidence of plaintiff since defendent never appeared nor filed w/s despite repeated adjournments and imposing costs by court. does it mean defendent right to cross question plaintiff evidence still exists. if it is so he can he take adjournments for cross questioning of plaintiff evidence /witnesses to delay judgement or get it delayed by filing w/s now as he has no money to pay rent arrears. he intends to delay proceedings and wants to extort money from me to vacate the premises.
Ruturaj
03 March 2012 at 15:56
I paid Rs. 5000/- to LIC for policy of Health Plus on 31st December 2010. Till today Lic has not issued me any document, letter or policy in this regard. Only correspondence I have is payment receipt and certain documents of LIC's internal communication. These documents I got through RTI with the help of my agent. My agent in this case is helpless cause of ill health.
I emailed to Chairman of Lic but there is absolutely no communication from Lic.Only their officers are promising my agent that they will solve the matter at earliest.
Now the problem is what course of action I should take. Whom to approach IRDA or Consumer Court? Jurisdiction is Mumbai.
Ruturaj
03 March 2012 at 15:39
When can a member be declared as a defaulter in a housing society? Suppose a member does not pay maintenance bills for 3 months then pays in 4th month in such case would he be defaulter for past three months and ceases to be defaulter in 4th month? It is said that defaulter can not become office bearer. Suppose a secretary, after election, fails to make payment for certain period then does he become defaultr? and in such case what wii happen to his post of secretary?
mohmad ashraf
03 March 2012 at 15:30
sir,
we do not want new mosque or graveyard, we want share mosque and graveyard with rest of the village as per past practice, Now the villagers say you have no stake in this village, as you are non residents of this village when we are living here from last more than 120 years,My question is that have we developed any legitimacy in claiming that we have a stake in such matters. Are we legally correct, we may file a suit.
Thanks
mohmad ashraf
03 March 2012 at 15:18
we need to get an expert opnion on:
we lived and still we are living in the same village from last more than 120 years,
we have no legal papers of land meant for graveyard and mosque,we are being told by other villagers that you do not have land, so you cannot bury the dead bodies in this grave yard meant for the same village. By issuing permanent residence certificate from such a long span of time.Have we developed any legitimacy in claiming that this graveyard belongs to us also.
Thanks a lot
Kumar Krishan Agarwal Advocate
03 March 2012 at 02:50
Dear Sir,
1. I have contesting a personal property partition civil suit of my elder aunty (mosiji) who is plaintiff and filed by her against all the defendant parties of the joint property. My mother (defendant no.4) was died and the court allowed making me as a only legal heir of my mother share as defendant no. (4/1). Now the suit is going on but the plaintiff wants a legal safeguard for future uncertainty of time as she is single and has no one trust relative besides me as defendant no.4/1.
2. So how can i make a safeguard for my aunty (plaintiff) share if she dies unfortunately then the court will allow the same name substitution of me as a legal heir / legal representative of the Plaintiff Share in the property as Plaintiff no.1/1. and the civil suit will not abate due to death of the plaintiff.
3. Can I get make a Will-Deed of my aunty & get registered so that if she dies then the WILL will help me & give me the power also to make me a legal heir in the same suit a substitution allowed as I already made as defendant no.4/1. ?
sudhirghabasu
02 March 2012 at 23:15
sirs, warm wishes to you all. my clients have 1/4 undivided share in the ancestral property. Our right was denied, hence, we had filed a suit for partition and permanent injunction for not to alienate. i am appearing for the plaintiff. while the suit is pending the defendant had demolished the property without any regard for the court proceedings. Hence, i had file a petition for appointment of advocate commissioner and the commissioner had filed a report after inspecting the Property. subsequently i had filed a application for interim injunction for not to put any further construction in the demolished portion of the property. in the counter filed by the respondent/defendant they had taken a stand that they had obtained a demolition order from the corporation authorities on 23.03.2011. hence rule of lis penndence will not come into operation. I had file the suit on 04.10.2011. Though the demolition order was passed on 23.03.2011 the defendant had demolished the property only on 24.01.2012. i.e. while the suit is pending. the defendant was served with summons before he started the demolition work. Now my query is whether the rule of lis pendence will be applicable to this. Because demolition order was passed on 23.03.2011, but, demolition was done only on 24.01.2012, when the summons were duly served on the defendants. How the rule of lis pendence had to be applied. Now the case is posted on 06.03.2012 for enquiry in the I.A. Pl clear me with relevant citations.
sudhirghabasu
02 March 2012 at 23:13
sirs, warm wishes to you all. my clients have 1/4 undivided share in the ancestral property. Our right was denied, hence, we had filed a suit for partition and permanent injunction for not to alienate. i am appearing for the plaintiff. while the suit is pending the defendant had demolished the property without any regard for the court proceedings. Hence, i had file a petition for appointment of advocate commissioner and the commissioner had filed a report after inspecting the Property. subsequently i had filed a application for interim injunction for not to put any further construction in the demolished portion of the property. in the counter filed by the respondent/defendant they had taken a stand that they had obtained a demolition order from the corporation authorities on 23.03.2011. hence rule of lis penndence will not come into operation. I had file the suit on 04.10.2011. Though the demolition order was passed on 23.03.2011 the defendant had demolished the property only on 24.01.2012. i.e. while the suit is pending. the defendant was served with summons before he started the demolition work. Now my query is whether the rule of lis pendence will be applicable to this. Because demolition order was passed on 23.03.2011, but, demolition was done only on 24.01.2012, when the summons were duly served on the defendants. How the rule of lis pendence had to be applied. Now the case is posted on 06.03.2012 for enquiry in the I.A. Pl clear me with relevant citations.
Ramkrishna
02 March 2012 at 22:48
IF A COMPLAINT IS BROUGHT TO THE NOTICE OF MUNICIPAL CORPORATION AND IF IT DOES NOT TAKE ACTION ON THE SAID COMPLAINT, THE CITIZEN IS FORCED TO SEEK JUSTICE THRU COURTS.
HE INCURS A LOT OF EXPENSE AND MENTAL TORTURE DURING THIS PERIOD.
AS WE ARE ALL WELL AWARE IF ONE GOES TO COURT TO GET JUSTICE HOW MANY YEARS THE CASES GO ON.
CAN THE CITIZEN WHO GOES TO COURT TO GET JUSTICE FOR THE CALLOUS ATTITUDE OF THE CORPORATION SEEK COSTS FROM THE CORPORATION.
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Exparte proceedings
what is the difference between ex parte when defendent did not receive summons despite various attempts and ex parte when defendent receives summons put his appearance and then did not turnup in court proceedings despite various opportunities nor files w/s