pawan kumar
09 February 2012 at 10:19
defendents have not filed written statements nor appearing on various dates court says ex parte evidence of plaintiff willbe done what does it mean. can defendent ask for reopening of case after court gives verdict ex parte after plaintiff evidece. defendets did not appear for arguements also.pl explain the court system
Member (Account Deleted)
09 February 2012 at 09:49
I am convinced for a larger good I need to complaint against the dealers who are selling 3/5 Kg LPG cylinders fitted with burners without any ISI marks as well as providing refilled cylinders kept inside the genral stores without any licences and safe guards.
To whom should address my complaint at Secunderabad(AP)?
Aren't the IOCL, BPCL etc responsible for such open selling LPG without licence and safekeep?
dev kapoor
09 February 2012 at 08:03
Respected Friends,
Consumer Forum decided a case & awarded 4.5 lakh rupees in my favour.The JD did not pay nor deposited the decretal amount.Filed Execution & DF final ordered to furnish inventory.It was land (attachable property).DF sent to Tehsildar ' to attach this land' either report back or put a piece of it to auction,recover Rs.4.5 lakh & remit back to DF or pay to the Dh.Tehsildar is under influence of JD.He does not act although repeated warrants of attachment sent to him so much so he doesn't even report back to DF.What should I do ?
Please guide.
Warm regards to you all !
ronak
08 February 2012 at 23:12
Civil Case: Regarding money suit
Case facts:
1.Plaintiff (plaintiff is a Trust )said that rent not paid by defendant for last six month and paid some amount as donation
2. Defendant said that he already paid rent for even next 12 months in advance and also paid security deposits. i.e. not as donation but security deposits..
3. However reciept did not disclose security deposit or donation but disclose about the amount which is true...
4. Now first plaintiff filed case but not disclose all things,,on that defendant filed written statements(with original receipts) disclosing all the facts and also filed set off (order 8 rule 6 cpc) of amount of next 12 months and secuirt deposits .
5. Then plaintiff filed rejoinder disclosing more facts and also some documents but not original but xerox alleging the signed documents of defendant....
6.Defendant ask the court under sec-151 to give order to plaintiff to file original document and also to give permission to defendant file reply of rejoinder of plaintiff which is disclosing additional facts.
however trail Court rejects the application filed by defendant...
now queries are
(i) court has failed to understand the facts that plaintiff has given additional facts in rejoinder and for defendant must be given an opportunity to file reply of rejoinder of plaintiff ? or not?
(ii) since court has dismissed the application under sec-151 of defendant what are his remedy ?
(iii) is there any way in cpc (order or sections) which say that plaintiff must add original document although he had added xerox but not certified
(iv) how can defendant reply to xerox documents which according to plaintiff handwritten by defendant but defendant said them forge and fabricated
ronak
08 February 2012 at 23:10
URGENT
Case Facts: Property case
Plaintiff filed the case before trail court (civil judge sr. div.) and then defendant filed written statement.
After this plaintiff were giving three opportunities to laid down its evidence but all in vain .. however he changes his counsel in last third opportunities(according to order 17 rule 1)
But court order to closure of evidence of plaintiff...
What are its Remedy(for plaintiff)?
1. application under sec-151 to open once again evidence of plaintiff regarding one more opportunity
2. Appeal before appealate court
3. Review
4. Writ before high court
mukesh
08 February 2012 at 22:02
A FILED AGAINST B, A SUIT FOR PERMANANT INJUNCTION IN RESPECT OF AGRI. LAND. B TAKES COUNTER CLAIM FOR RECOVERY OF LOAN AMOUNT OF RS.5OOO/- GRANTED TO A FOR BUSINESS.
Q. WHETHER COUNTER CLAIM TAKEN BY B IS VAILD, IRRESPECTIVE OF THE FACT THAT COA OF COUNTER CLAIM HAS NOTHING TO DO WITH THE COA OF PI SUIT AND FOR BOTH CLAIMS THE TOTALLY DIFFERENT EVIDENCE WOULD HAVE TO BE LEAD.
mukesh
08 February 2012 at 21:53
A filed against B an inj. suit in respect of an agricultural land. Lateron B filed injuction suit against A in respect of same propety. Both claim in their respective suit property to be their own.
Q. WHETHER LATER SUIT SHOULD BE BARRED BY SEC.10 OF CPC
sanjeet
08 February 2012 at 19:56
My father purchased a plot via a registered sale deed. After 30 years he come to know that mauza no. is written as 170 instead of 140. All other descriptions are correct. the seller is no more neither his legal representative will be traces. How to correct this mistake.
sachin
08 February 2012 at 19:12
I would like to know how much is the court fee and total expenses for filing a WILL for Probate. Do we need to pay any stamp duty while applying for probate or will it be paid at the end when the probate is granted.
Also would like to know if it is mandatory to register or notarized a will? is the will acceptable/admissible if the same is made in the presence of 2 witnesses and certified by MBBS doctor
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Validity of a will & testament
My father made a WILL in the year 2008, at that time he was a paralysis patient & therefore he had to give his left hand thump impressions on every pages of the WILL .While taking thump impressions the ink pad was wet and therefore the impressions on the ledger paper are visible but are very dark. The finger marks (rounds and circles) are not clear. This WILL is witnessed by Two witnesses and medical practitioner (MBBS,MD) doctor has certified the WILL.
Is such a will valid?
Can it be challenged on the ground that the finger prints are not proper