Supreet singh
31 October 2019 at 16:25
Hello dear lawyers,
Order 2 rule 2 of cpc states that (2) Relinquishment of part of claim: Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
Does it applicable on defendant also?
I mean if plaintiff intentially left a claim which was against him and defendant needs to file a new case.
Can defendant file a fresh suit to prrove his point or to proove forgery of documents?
Anonymous
31 October 2019 at 12:09
Sir
Our apartment complex which used to have a registered body was dissolved and the present body which is not registered is being run by the vice president, as the rest of the body resigned, now he declares himself as electoral officer and has put up a body who are amicable to him He has not proved majority, is this legal?
Madhusudanan
30 October 2019 at 00:01
Dear Sir,
I was worked in tamilnadu police service as a Grade ll Constable in chennai since Nov1st of 2017 to Nov 23nd of 2018 ,My last day was 23nd nov 2018,
Due to my family issues i were resigned my police uniform service through proper channel of 3 months noticed period and resigned,
Again I have to rejoin now, It that possible to re-join again.
Rashesh
29 October 2019 at 21:27
Dear sir, We have ancestor's property at Visnagar which was given on rent for 11 months by my father in 1990 but later, my father migrated to Mumbai for his livelihood , leaving behind his widow mother and hence he thought of helping the occupier/tenant by trusting him and allowing him to use our shop. My father was not interested to take money because rent was very low about Rs 80 per month and hence, whenever he used to come to Visnagar, he used to take lumsum amout based on Rs 80 per month and give him rent receipt.
Now we found that the person is cheating us, he is giving our shop to other people and saying they are their own employees and hence when i asked to give KYC proof, he wisely put a civl case on him. I hired two lawyers from remotely without any reference, later I was cheated by both lawyers who withdrew themselves on instruction of other opposite party lawyers, even after I paid them good fees. Now I want to play safe and hire good layer again, but I can not trust anybody because I do not know any local people who suggest good lawyer. In this case what should I do?
gopal
29 October 2019 at 11:10
Respected Sirs,
My land was taken for National Highways 205 on 2011, compensation by the LAO on 2012. After receiving the Compensation I have appealed to the Arbitrator cum the District Collector for enhancement of compensation , my appeal was pending till 09.05.2017 , on 09.05.2017 the arbitrator cum Collector passed an arbitral award , based on the previous arbitral award.
When we go through the previous arbitral award , we came to know that there was a computational mistake happend in my arbitral award , hence i have applied a correction of computational mistake to the Arbitrator. The Arbitrator has conducted a enquiry but still no orders were passed.
During this situtation the Arbitrator has passed more hiked enhanced compensation award to few of my neighbour land owners , having known this more hiked compensation I also again submitted my representation to the Arbitrator requesting the recent arbitratrol award to me since there is no final order passed in my representation.
Now I am requesting you kindly provide your valuable suggestions in this regard
1) Am I ask the recent arbitral award , since i did not get final order which is pending at the enquiry itself?
kindly provide the above information
Thanking you a lot
nandagopal
Venu
28 October 2019 at 14:26
My grandmother had 3 sons and my father in 2 of the 3 sons. My uncles wrote a false statement that my father does want any Right on the property that was made by my GREAT GRAND FATHER and the property can be divided and given to both of my uncles, and FOERGED my fathers Signature on the statement and was submitted in the Samaj. My grandmother then made a GIFT DEED on the name of my both of my uncles with the 2 witness.
My father approached the lawyer and said that his brothers have done fraud and mislead my mother and had property gifted to them .
And my father told the lawyer that he got the false statement that was submitted in the samaj by my uncles and done the verification check of the signature in the legal way and it was forged.
But the lawyer had filed a case on the basis that the grandson i.e. ( my father ) have the right to the great grandfather's property even if it is gifted by my grandmother to my uncles which is not legal.
Now it has been a more than 12 years and nothing has been done against my case. Till now only my Fathers witness is going on and my uncles have not been called for a single time in a court.
I want to ask that does this case have a possibility of win ?
Does the lawyer have subjected the case correctly ?
What should my father do ?
Rashesh
28 October 2019 at 12:10
An illegal tresspasser filed a civil case on my father to enjoy our property free of charge long time. The civil judge has favoured him by giving temporary injunction order in Plaintiff's favour. I do not want to appeal but if I want to change my court, is that possible?
It became a complex case when since past 2.5 years , our case is not been progressing because any lawyer we hired, the opponent lawyer make negotiations with them and these lawyers are withdrawing from our case even after giving good fees. My father is 75 year old , living in Mumbai and the property is at Mehsana Jilla so we need to hire local lawyer and its been so difficult since trespasser is a political leader of that taluka.
I am living out of India, hence only can work with lawyers who uses emails or WhatsApp. In the small Taluka, all lawyers knows each other, even Judges were seen playing cricket with lawyers.
In Injunction order, Judge wrote "balance of convenience " and irrepairable loss to PLAINTIFF if the injunction order is not given, where as real truth is PLAINTIFF has kept our property in locked position since past 7 years and we put electric bills also to prove that.
Now situation is all PLAINTIFF are out of picture and the political person's employe is now POA of the case and never come to the court. Once I appeared in the court with my father and ask them to proceed with our presence as "PARTY in PERSON" The judge immediately refused that and asked us to come with lawyer. This is a reason I suspected that Judge , lawyer etc. are influenced by that political person (who has been popular in Taluka for Judge posting and recruitment also). If you need more info I can give , my email is rashesh_shah@hotmail.com
What best can be done?
Anonymous
28 October 2019 at 09:42
Dear sir,
I own a flat on third floor in four storey building. I gave it on rent. Flat was purchased in 2009 in virar. My licensee verbally complained 3-4 months back that water tank above bathroom automatically get empty and also some fittings are leaking. For that I sent plumber and get it repaired. After that there was no complaint.
I never done any changes in pipeline in bathroom. Everything is as it is, as given by builder.
Last month I took token amount for selling this flat and recently agreement was registered. When all this happening,
Now suddenly few days back I get complaint from my neighbour and below floor flat that they are getting water leakage from my bathroom to their home. Immediately I sent plumber next day and plumber now told me its concealed pipe leakage work and bathroom tiles will have to be broken to find leakage in pipe line and pipes had to be replaced as they rusted. I did all that expenditure and replaced all pipe line in my bathroom and leakage stopped. But now neighbour and below flat owner, is harassing me that he also need compensation for damage in his rooms. But when I see his room it doesn't seem that damage is so major and only because of water leakage which came to my knowledge recently. Now they are claiming that it was very old leakage and I ignored it in my bathroom. They had given first time written complaint to society regarding leakage and damage just 5-6 days back. Out of which leakage part already solved in my room at my cost immediately .
Now I want your guidance, what to do for their wrong demand of compensation for damage to their home? One of member wrote letter to society stating not to issue noc to me unless this matter clear. Society and all those neighbour and below flat are harrasing me and not issuing NOC. My all other dues like maintainence etc are clear. Is it legal to hold NOC in such cases? I urgently need noc as I need urgently money. What law says. What shall is do? Please guide. I will be obliged.
jayakumar.j
27 October 2019 at 18:47
My client has obtained favourable orders in Labour Court. The respondent intends to file Writ Petition at High Court.Can a caveat be applied at High court ?
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Jurisdiction
My daughter has filed a divorce petition in Bangalore Family court. Her husband appeared and filed objections through his advocate. Now, after six months has filed case under guardians and wards act seeking custody of son at MYSORE family court, where he resides. Can we now file objections about the jurisdiction of Mysore Court when the matter is pending at Bangalore where he should have filed this petition. He has not suppressed pendency of earlier divorce petition at Bangalore.
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