ANTONY JOSEPH
15 December 2011 at 22:28
DEAR SIR / MADAM
MY FATHER PURCHASED ONE LAND IN 1961 , ANOTHER PARTY HAS FILED THE CASE AGAINST US ON 1984. HE WON THE CASE IS DISTRICT MUNSSIF LOWER COURT ON 1991.
AGAIN WE HAVE 1ST APPEALED IN DISTRICT MUNSIF AND AGAIN THE APPEAL DISMISSED ON 1995.
AGAIN WE HAVE 2ND APPEALED IN MADURAI HIGH COURT, AGAIN THE APPEAL DISMISSED ON 2008.
AFTER THAT THE OPPOSITE PARTY APONPROACHED THE LOWER COURT THROUGH EP PETTISION
IN THE EP PETTISION , HONOURABLE JUDGE GIVEN JUDGEMENT FAVOUR OF US AND THE OPPOSITE PARTY EP PETTISION DISMISSED, AGAINST THE LIMITATION ACT BARRED MORE THAN 12 YEARS FROM LOWER COURT JUDGEMENT .
NOW THE OPPOSITE PARTY APPELAED IN HIGH COURT. AND THE OPPOSITY PARTY ADVOCATE IS TELLING THE LIMITATION SHOULD BE CALCULATED FROM 2ND APPEAL HIGH COURT JUDGEMENT, AND ALSO IN EARLIER 2ND APPEAL WE HAVE TAKEN STAY ORDER FOR THE CASE.
WE ARE USING THE PROPERTY FROM 1961 AROUND 50 YEARS.
kINDLY GIVE YOUR SUGGESTION AND GUIDELINES FOR WINNING THE CASE.
Arvind Singh Chauhan
15 December 2011 at 22:02
Learned members I am unable to recall my earlier post on the same issue, that's why i am referring in short here-
I applied for the execution of decree which was confirmed by High Court. Defendant appealed against the judgment of high court in supreme court, but could not obtain stay order from SC, despite long time given by executing court.
After a long time defendant got an order from SC which provides " BOTH THE PARTIES ARE DIRECTED TO MAINTAIN STAUS QUO"
I argued before court that this order is only for the parties and in this order court is not directed to stay the execution proceeding.
Executing court in favour of plaintiff, passed order to proceed ahead.
Defendant again filed revision against this order. Before revisional court I put two case laws of SC before court - Which envisage -
" MERE FILING OF PETITION OR APPEAL OR SUIT, WOULD BY IT SELF NOT OPERATE AS STAY UNTIL SPECIFIC PRAYER IN THIS REGARD IS MADE AND ORDERS THEREON ARE SO PASSED"
" Or 41 Rule 1 OF THE CODE STIPULATES THAT FILING OF AN APPEAL WOULD NOT AMOUNT TO AUTOMATIC STAY OF THE EXECUTION OF THE DECREE- EXECUTION OF THE DECREE DURING PENDENCY OF THE APPEAL WOULD, SUBJECT TO THE RESTITUTION OF THE PROPERTY IN THE EVENT THE APPEAL IS ALLOWED AND THE DECREE IS SET ASIDE "
Now the revisional court says, as the parties are directed to maintain status quo, how can a party can proceed or argue before court.
Sir the matter has been a prestige isuue now for the plaintiff, What should be the next step of the plaintiff. Please advice.
Anonymous
15 December 2011 at 21:56
Dear Experts
A Hindu Father died in 1999 without partition or will living one son and one daughter.{coparcenary Property)
Daughter married in 1980. Now can she claim EQUAL SHARE (Half Share) under Amendment 2005 of hindu successions act?
OR Only 1/4 of property
biju s
15 December 2011 at 19:26
what is meant by listing of a review petition, weather arguments will takes place or the judges only studies the merit of the case to accept or discard the review petition please clarify.
Mohd Kashif
15 December 2011 at 18:45
We have purchased a new mobile through a person (not from the shop) with bill. we have been using this mobile for the last ten months. Now there was a call came from Indore Police that your IMEI no of this mobile traced that this mobile orginally purchased from a credit card by a person under credit card fraud. Police said that a person which is originally purchased this mobile a fraund person and he cheated the orginal person through impersonaisation.
Now what will be my status in this case and what is my fault? Is there any legal boundation against me. Police said that you should hand over the mobile to the police. Thats why I came here for legal expert advice. Kindly advice me what should I do.
Dinesh
15 December 2011 at 17:53
Respected sir's..
i m searching some authorities of hon'ble courts regarding on following matter..
>if a person not prove the resolution den he not competent to file the suit..
>is person not prove the mintue books of the company, suit not stands..
>if person not prove company documents i:e memorendum and article den suit not stands..
please suggest me somthing in relate to this..
i shall be very thankful to you..
Vinesh K Chhaya
15 December 2011 at 17:36
One Company has Borrowed The loan on Land of Govt. Illegally and bank also provide Loan service without any search Report for revenue record of the land...Time being the Borrower Company became Defaulter of the Bank....Bank Has Taken steps Under SARFAESI Act-2002 and Lodge Petition to the Collector(District Megistrate) for Possession of the Properties with this Land..The District Megistrate has ordered to Mamlatdar(Executive Megistrate) to Take Possession and Handover the properties to the bank including This Govt. Land....Obviously It has done without any searching....Thenafter One RTI Activist Applied to take step against this scandle to the District Megistrate Then District Megistrate Instructed to The Executive Megistrate that "If the order under SARFAESI Act not complied then Stop the implimetation of that order".Thenafter The Executive Megistrate has Taken Physical Possession of all the properties without following the Last instruction of District Megistrate....So In this Situation It can treat as matter under Cotempt of Court Act? or which type of complaint to be filed and under which jurisdiction?
Anonymous
15 December 2011 at 17:13
Two parties entered into a MOU during the pendency of civil suits. However one of the parties now refuses to act upon the MOU. What is the remedy? there is a clause in the MOU which says if any of the parties does not comply with the terms in the MOU , the MOU will be automatically cancelled and they will be at liberty to persue civil and criminal proceedings against each other.
Please advice
Anonymous
15 December 2011 at 17:04
What is limitation under section 20 of contempt of courts act?
a) Filing of an application within one year?
b)issuing show cause notice within one year?
c)or filing of application within one year starting from the date of the order?
I am confused.
Can court issue show cause notice to the respondents after 3 yrs from the date of filing application?
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Attestation of power of attorney by witnesses is compulsory or not
R/Experts
I want to know whether power of attorney for filing civil suit is mandatory/compulsory to be attested by witnesses,kindly suggest.Thanks