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Anonymous   28 August 2011 at 18:34

Impleadment

Dear experts,
An Appeal is preferred by my family member
against a decree/order of the lower court. Iam a necessary and proper party but did not seek impleadment at the trial court stage. Can a necessary party apply for impleadment u Order 1 Rule 10(2) at the time Appeal is in progress.
Thank you very much in advance for your reply.

mahendrakumar   28 August 2011 at 14:45

Limitations of cross examinations consumer forums

could anyone elaborate on cross examinations in consumer courts?

a) can a complainant ask any questions to OP's counsel,even if it is only remotely connected to the subject matter?

b) whether the OP is bound to give an answer to such questions?

c) can one declined to give answer to any questions? If so on what ground?

d)difference between examination of exhibits and cross examination?

a detailed write upon the above is requested within the constraints of time and space.

Anonymous   28 August 2011 at 12:23

Civil death declaration u/s 108 of evidence act

What jurisdiction to file Civil suit for civil death declaration u/s 108 of Evidence Act
Please discuss with ciation.

Anonymous   28 August 2011 at 12:16

Res judicata

if a financial institution files a case in DRT and after trial it is decided by tribunal that instituion did not have jurisdiction to file in DRT, can the institution again file the case in civil court for the claim?

Dinesh   28 August 2011 at 09:42

Installing of gates in colonies for security purpose.

sir is there any law under which the iron gate can be install at the end of the roads of colonies, when the roads are goverment roads for the purpose of security and safety of the residents of coliny.

Anonymous   28 August 2011 at 07:51

How to speed up the case of partition suit.

Sir, Please Guide, :
Partition Suit filed in the District court one month before.. : First Summon on 25/08/2011, After lot of discussion I engaged the lawyer and Ist Installment paid 5k, but when I go to court : Judge on Leave, the case put on some other date..
I surprise to know that How this court functions, when they send summon mentioning the date, but on that date Judge take's leave, I didn't get any info.. : after visiting the court I came to know that Judge on Leave, Waste of may name, and Lawyer telling me if I don't engage the lawyer, then the case go for Ex-partie : How it is true ?,
Next day District Judge called for the Monthly meeting for the discussion of How to speed up the pending cases..: It is really just as a Eye wash meeting because SC insist to do the same,

Please guide me : Partition suit filed to put me in trouble & because of Suit I am not able to sale my properties, I should not sale the properties that is the intention of the person who file this partition suit.., My Lawyer say It take min. one year to get some way out.. till the time I have to await..
I feel it is totally unfair,
Can I send the Registered Letter to District court Judge about this case and request to consider / suggest speedy trail / end.. :
What kind of action's I can take, : partition suit don't carry any merits.. & even It have merits just 5% share they are eligible to get.. but they are not at all discussed before going to court, and their basic intention is to put me in trouble and not allow me to sale as I wish..

Case in Tamil Nadu.. District court : because the valuation of properties shows more then 25L.

lalit   28 August 2011 at 01:15

Specific performance

X enters into an (UNREGISTERED)agreement for sale of a flat with Y,with consideration as Rs.100000/-.
later X executes a deed of conveyance but does not register the same,WHICH BEARS NO REFERENCE OF THE agreement for sale, in favor of Y,showing consideration as 60000/-.
X destroys the original agreement for sale.
Y files a suit for specific performance for registration and possession,relying on the executed deed.
can X produce the xerox copy of the (unregistered)agreement for sale, WHICH IS NOT REFERRED IN THE DEED, and claim balance 40000/-.
can Y claim that the agreement for sale was invalid, or the deed of coveyance was the final valid document, or the agreement was mutually cancelled, or the deed of conveyance is an independent document which does not carry any burden or reference of the agreement for sale.

Anonymous   28 August 2011 at 00:44

Mortgage & attachment before judgment

Dear sir,

In the Original Suit filed which is for recovery of money given based on deposit of title deeds(Equitable mortgage) I had also asked for attachment before judgment(ABJ) of other properties of the debtor. But the Madras High court ruled that since the title deeds are deposited there is no need to pass ABJ under order 38 rule 5. But same Madras High court has ruled that mortgage will not stand in the way for ABJ. when 2 contraditory judgment of the same High court is there can I ask for the review of the order which I came to know after passing of my order and asking the judge to refer the matter to a larger bench as this is question of interpretion o f law. Or how should I proceed to get my ABJ along with the mortgage being intact?

lalit   28 August 2011 at 00:41

Specific performance

X enters into an agreement for sale of a flat with Y,with consideration as Rs.100000/-. later X executes a deed of conveyance but does not register the same,WHICH BEARS NO REFERENCE OF THE agreement for sale, in favor of Y,showing consideration as 60000/-.X destroys the original agreement for sale.Y files a suit for specific performance for registration and possession,relying on the executed deed. can X produce the xerox copy of the agreement for sale, WHICH IS NOT REFERRED IN THE DEED, and claim balance 40000/-

manjunatha   27 August 2011 at 22:59

Judgement

maintainability of injunction suits with respect to property alienated by the family members. suit filed by plaintiff against purchaser stating that suit property is a joint family property without seeking relief of declaration and one more case filed by the plaintiff seeking partition against is sisters along with the other properties and it is still pending and defendants in this case is not a party in the partition suit. the plaintiff can obtain interim order in injunction suit against purchaser.