Anonymous
26 November 2011 at 11:29
Sir,
In the beginning of the partition suit party contested on the forged will and again after partition and divisions of shares and passing preliminary decree again the same party contesting on the forged relinquishment deed. Why the party is allowed to file unregistered will in the beginning and relinquishment deed with insufficient stamp duty after preliminary decree. Such MULTIPLE pleadings in the court is valid or disqualifies for further pleadings in the same suit.
Can a litigant in the same suit play a fraud on the court second time by mischievously claiming with forged documents in partition suit. How can a party be protected from such litigation. How can they proceed against the party who claims now and then on bogus and irrelevant pleas.
Sir, Kindly advise how to deal with such criminals bent upon defeating the purpose of litigation.
Thanking you,
MSN
Anonymous
26 November 2011 at 09:44
In my case the H'ble court has grant Status Quo till futher order in the year 1990 agaist Mysore City corporation not to transfer Khate what is the limitation. Pl inform me sir
Vijay Kumar
26 November 2011 at 00:06
On instructions of a party, an Advocate files memo of appearance in the court.
After that, the party chooses not to appear and contest the case and consequently does not communicate with their Advocate.
1) What the Advocate should do on next date?
2)If he pleads "No instruction" and the court orders to proceed ex parte, what is the liability of Advocate? There is risk that later on the defendants might allege that they were never served and they never instructed the Advocate to put appearance on their behalf.
Balaji Bakthavathsal
25 November 2011 at 23:02
Dear Learned Advocates,
I agree that thee is a time limit to appeal against the judgment. An appeal is nothing but a request to reconsider or review the judgment made where some points were overlooked or not considered. But can we challenge the judgments (Please note the plural) which were delivered due to ignorance of the relevant act by the judge. Coming to the point direct, one of the judge of the High Court of Madras, delivered wrong judgments in the matter of Registration made by the registering officials saying that the Registration done by the Registrar can not be challenged and the registering officials cannot entertain any verbalor written complaints fromthe aggrieved party. However, the Inspector General of Registration in his recent circular clarified that the Registering officials should accept any complaint received from the complaiants as per the Section 82 and 83 of the Registration Act. Can we challenge the earlier judgment irrespective of the time limit ?
Thanks & Regards
Anonymous
25 November 2011 at 20:30
Sir, I purchased a item from a shopkeeper and asked for a bill. He did not give me the bill and I told him that it is my right.Anyhow, in our exchange of arguments, he said JAHAN SAB CHORR (thief) HAIN. HAMARE SARE MANTRIES AUR PRADAN MANTRY CHORR HAIN. I objecsted to such a language and told him not to speak such derogatory language.He further said "TUM JO KARNA HAI KAR LO. My wife and his two employees were present there. His employees may not prove witnesses. I felt it is wrong thing he is doing. I request legal advice so that he faces action of his wrong doing.
Tage Talin
25 November 2011 at 18:41
Lease agreement is executed by two competent parties - lessor on one part and the lessee on other part. Question is -
(1)Who should initiate the lease agreement - the lessor or the lessee? And who should bear the expenses like stamp fee, drafting fee, registration fee, etc.?
(2)If neither the lessor nor the lessee initiated for any written lease agreement, but the lessor is allowing the lessee to use the building on verbal agreement at a fixed monthly rent, what would be the future consequences?
(3)In case of non-execution of lease agreement by the parties, who stands in advantageous or disadvantageous position - the lessor or the lessee?
K.BASKAR
25 November 2011 at 17:46
I have purchased a flat with one builder he got a power of attorney from the vendor and the same flat registered directly during 2002 to me.
When I register the sale deed there is an typographical error in the deed but parent document with different survey number.
I have contacted the sub registrar locally he told me that rectification deed has to be made in case if you want to sell the flat with necessary stamp duty to be paid for registering the document (from the date of purchase to till date the already paid stamp value during 2002 less the current market value) Is it correct or instead of registering the deed mere affidavit signed by Notary is sufficient from the builder whom I have purchased (power attorney person).
Here somebody saying power attorney person doesn't have a legal right to sign the rectification provided there is an condition in the agreement saying "Incase any error in the sale deed rectification they can make like that" else original purchaser should be alive. In my case parent purchaser not alive now how can I make a rectification deed. Whether the power attorney person have a legal right to sign the deed without mentioning in the rectification entry modification power in his agreement from the vendor.
Please explain.
Ramprasad Kamath
25 November 2011 at 15:09
Status quo given in a civil matter till futher orders what is the limitation for it
Anonymous
25 November 2011 at 14:01
I am confused that whether to approach High Court Double Bench or the District Judge or Trial Court or what else ???
And within how many days ??
And what precautions to be taken in general in a Civil case/property matter ?
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Executiion of decree
I want judgment on the following point:
1. Executing Court cannot go beyond decree.
Kindly help me...