my case i am the defendant i was ex-party and the court has pass a ex-party decree against me then i filed set aside the decree. the court pass a order that the petition was allowed on condition that i have pay rs 100 towards cost otherwise the petition stand to dismiss. but i have failed to pay costs on that dated. Subsequently i paid the cost and filed another petition under see 151 cpc for revoke the dismissal order whether the court has inherent power to restore the order
sir.
in the year of 1992 my father has constructed building and started one steel fabrication industries . and in year of 2004 that industry the was closed, there after my father stoped to pay the tax to grampanchayat , and took one more permission from same gramaapancahth saying that that buliding has fragnented now i want construct new building and achieved to obtain permission , factual situation was there was a building in that place ,
now adjacent land owner constructed building by violating all pancahyt rule ( as per the rule before construct the buliding he should have to keep 5 feet gape to all four side , but he violated this rule ,
i have given one notice saying that because your building i suffering lot for ventialtions .. he replied to my legal notice that as per the law there is no building ( can we produce the photos to the court even throught building is constructed without permmission or not paying the tax ,
in this regard can i get some judgments
i want to file case against him .. can i get permission from the court to vacate the building constructed by pancayatbrule violating (building is in his land but he not left 5 feet arround as per panchayat rule )
tahnking you
Anonymous
15 November 2011 at 20:43
can wife become a witness if husband registers a will and vice versa along with one other witness... as two witness are required ...
j.r.kota
15 November 2011 at 19:08
Dear Sir,
The Hindu Succession Act was amended in 2005 and made effective from 9th September 2005, where by a daughter has been recognized as a co-parcener in her own right like a son. A married sister had joined her brother in filing a suit against their mother, who is holding in her name (mother's name) the ancestral property of the father(father is alive)on 27.12.2002, much before the amendment in the Hindu Succession Act, came into existence. Does the suit sustains in the court. Does the Court recognize the right of the Daughter to sue the mother for a share in the property? Can the Court overlook the position/status of the married daughter as it existed on the date of filing of the suit and treat the case as having filed by the son only and deliver the judgement or should dismiss the case as not maintainable saying one of the parties to the suit does not have a right to sue the mother, based on the law as was applicable on the date of the institution of the case.
Please give your reasoned and quotable opinion instead of a single line opinion.
Regards.
j.r.kota.
Anonymous
15 November 2011 at 17:14
We have won against the tenant who was carrying business till 2005 in the tenanted shops. Eviction order was confirmed by the Supreme court in SLP as well as Review which was taken out by the tenant himself. I want to file contempt of court against the same tenant who was carrying business in the shop. here the tenant has expired and his legal heirs which were brought on record by the them in the execting court ie his wife. By showing to the SC that after almost about 15-20 years his brother got up suddenly and started filing different cases to stop execution.(eviction from the tenanted shops) Pls. advice is it worth filing contempt in SC against the tenant or his brother who was no where in the picture till 2005.We have won against his brother also in the executing court, District court, high court judgement is awaited yet.
varma
15 November 2011 at 17:03
If 2 brothers settle their accentral immovable property infront of Lokadalat by submitting compramizing terms of partition regarding properties & award is passed.Then
1)Whether compamized & settled partition award of Lokadalat has to be registered or NOT
2)With that award of lokadalat whether mutuation can be done in revenue records & municipal records
Anonymous
15 November 2011 at 16:13
Sir,
I am in the possession of 12 Acres of land for which I have a valid document for 10 acres. The rest of 2 acres of land is in my un-authorized occupation since 13 years.
Now some body is claiming the said 2 acres, stating that he has an un-registered Sale deed which was executed by the GPA holder of the actual owner of the said land, 11 years back. And also the same was validated in the year 2010, after paying the required registration fees and penalty. Basing on this document, they are going to file a civil case against me for the recovery of 2 acres of land. Actually, the real owner of the said land was died 2 years back. As of my knowledge, this document is purely a concocted document.
In such a suit, (1) shall I send the document to Forensic Lab for its genuinity (2) And also shall I file a forged case against them. Plz. Clarify.
siri
15 November 2011 at 11:38
A & B are the shared property of Plantiff & defendant (in family settlements of memorendum of oral partition deed both parties agreed & signed).Later on due to family disputes Plantiff file suit on defendant for declaratory suit for both TITLE & PERMANENT INJUCTION for his shared property 'A' against defendant on basis of oral partition memorendum.My question is
1)In same suit whether defendant also have chance for claiming declaratory suit for both TITLE & PERMANENT INJUCTION for his shared property 'B' against Plantiff on basis of same oral partition memorendum. OR Defendant had to file seperate suit against plantiff OR Is there any alternative for defendant
Anonymous
15 November 2011 at 05:53
Wife did not prove dowry harrassment allegations with evidence. But husband proved that wife is lieing with evidence. But still Court ordered husband to pay rs.6000 per month u/s 125 crpc. Husband has not paid till date. Wife filed attachment petition which is pending.
Dear Experts,
1) Will court pass attachment of property, When the wife did not prove her allegations against husband, and husband proved wife is lieing?
2) High court dismissed husband's petition and allowed wife's attachment petition. My other lawyer friends are saying that wife has right to attach property and it does not matter even if wife is lieing. Is it advisable to go for further appeal in high court itself?
3)Does court see the same point-of-view?
Thanks in advance
Sec 151 cpc
my case i am the defendant i was ex-party and the court has pass a ex-party decree against me then i filed set aside the decree. the court pass a order that the petition was allowed on condition that i have pay100 towards cost otherwise the petition stand to dismiss. but i have failed to pay costs on that dated. Subsequently i paid the cost and filed another petition under see 151 cpc for revoke the dismissal order whether the court has inherent power to restore the order its a conditional order that the ex-party order was set=aside on condition that petition allowed on payment of costs of Rs 100/- payaable on or before 16.9.2011 otherwise the petition stands dismissed.