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Anonymous   14 December 2011 at 23:03

Maintenance - property attachment

Dear respected Experts,

Can respondent pray court to allow cross-examination of plaintiff in IA?

fact of the case:
Plaintiff filed false affidavit along with IA under Order 38 Rule 5 and asked court to attach property of respondent. In IA process, can respondent pray court to allow cross-examine plaintiff so that respondent will get an opportunity to prove wrong allegation of plaintiff. Otherwise the property would be attached before the case really starts.

Would court allow for that? If so under what section respondent can file petition?

Anonymous   14 December 2011 at 21:55

Civil procedure code

What is preliminary decree?

Anonymous   14 December 2011 at 20:33

Instruction

Dear Friend

Please give me a instruction that what can i do for my Brother in Law is thief & he give me a my name in police station that i am also a thief but i am not involve in this case.

So please give me a instruction what can i do i am very thankful to u

Anonymous   14 December 2011 at 17:53

Injunction

Hi. Thank you for all those who promptly replied on "Sub: Cancellation of Gift Deed".

The second issue is after cancelling the Gift Deed they (my father's brothers) had put a case of Injunction which got dismissed on grounds of the High Courts order on the Writ Petition that we had put for the Cancellation of Gift Deed (i.e. the final judgement will given later but mean time there should be no 3rd party creation and the property should not be leased, mortgaged or sold, etc...)

Now we have put our Injunction which is under trial. I need to know what does this Injunction mean?

And secondly since all the necessary documents are under our name (i.e. Property Tax, Water Tax, Electricity, Ration Card, Election Card) can they get Injunction and on what grounds can they get Injunction?

Kindly advise.

Anonymous   14 December 2011 at 17:28

Revocatio or cancellation of gpa cum development agreement

Hi, Respected experts,There are many satisfying and perfect answers given by you experts with regard to the cancellation/revocation of registered GPA but what if the GPA is mixed or coupled with another transaction or agreement like AGPA (Agreement of sale cum GPA), DAGPA (Development cum GPA) in respect of an immovable property? Please clarify what if there is no consideration involved and what if some consideration passed from the agent to the principal as mentioned in the Deed. Of course notice of revocation/cancellation is already given/served upon the agent about 8 months back and there is no reply from him- Thanks.

TR Madhavan   14 December 2011 at 16:54

If officer bearers acts irresponsibly?

If the written statement against previous secretaries before the police by newly elected office bearers is not only irresponsible but also against the interest of society and its members and shows their collusion with the builder /opposite party, this very act disqualifies them to hold office hence course of their expulsion and removal from office by General Body no confidence motion is the way to meet out problem posed before the members of the society. If other members does not co operate, what action can be initiated against the new office bearers by the ex secretaries as affected parties under the prevailing circumstances - Defamation, Criminal etc.

Anonymous   14 December 2011 at 14:55

Registry

please advice, JD has only possession against allotment letter of a auction plot given to him by municipality in 1975, there is no registry or lease deed with him.we have a specific performance decree from SC.how will the execution court go about it to register in my name(or what is the proses to execute the agreement of sale decreed ).

Anonymous   14 December 2011 at 13:22

Can a gift deed be cancelled

Hi. My father was gifted a property by his elder brother in July, 2006. And in November, 2010 the gift deed was cancelled unilaterally. We had no idea how it got cancelled. Mutation of name in the Electricity Department, Property Tax & Water Department was done by us long back. We also have Ration Card in our name. Then we filed a Writ Petition in the High Court, questioning how can a registered gift deed be cancelled unilaterally by the registrar. The judgement is pending. Need to know, what the law says. Are we going to win the case?

ashutosh mishra   14 December 2011 at 13:21

rejection of plaint

Plaintiffs have filed a suit of declaration.

They have stated that as the earlier suit was filed by their father was dismissed under order 9 rule 2 cpc,they are filing the present suit under order 9 rule 4 cpc.

There is no averments in the Present Plaint
1]about previous suit as to its no&Title of court & parties.;

2]date of filing and dismissal.;

3]the cause of action date pleaded in the previous suit;

4]the averments that no restoration was filed; or

5]the averments that how the present suit is with in limitation under article 58 of limitation and can lie under order 9 rule 4 cpc. Neither the order of dismissal nor the copy of previous suit is filed by them.

It is in this back drop that it is realized that suit has been wrongly instituted and should be rejected under o 7 rule 11 (a)&(d) of cpc as it does not comply the provisions of order 7 rule 1 (e) read with provisions contained in order 4 rule 1 sub rule (1) to(3).

EXPERTS MAY KINDLY ADVISE ABOUT THE MERIT IN OBJECTION IF RAISED U/O 7 RULE 11 CPC.CAN IT BE RAISED WITH SUCCESS OR NOT???

Sourav Ghosh   14 December 2011 at 11:44

Property heist

Sir/Madame'


We own a house over a 4 cottahs of land (ancestral land) adjacent to Howrah, West Bengal. And we have a common passage with a right of using that passage along with our neighbor Mr, X. He however blocked our door of the passage partially and has set-up a gate alongside our property penetrating to our property wall. In 1995, he was condemned by the Hon. High Court of Calcutta to open it and remove the wall from our door or to face arrest after he lost the case. He did it temporarily but again had built a same partial-wall over our door illegally violating Hon. High Court’s rule after 5 years. We have all the legal papers and proof pertaining to our property and we pay our municipal taxes on time but he doesn’t have any papers or whatsoever. In the meantime, we didn’t took any proceedings as he came to our home and pleaded sorry and we thought, “so, let it be as we don’t want trouble and proceedings again” but they kept the gate and walls unmoved. Those are still there. This time we are planning to renovate our house and add one more floor over it, and we fear that he might not let us do that. So in that that case, can the proceeding be initiated again? I will be very happy and privileged if I can get some advise on this.

Thank You very much