vinodkumar
28 July 2011 at 22:24
A person sale his agriculture land to b,and fulfill all leagle formality like made saledeed in favour of b,and all mutation entry is clear in revenue record and now a new owner a real and acuatl possession of the property.during this c person claim for this property and file a suit for declaratio and stay application in court without any aunthetic evidence against a and b.,now a and b what to do for defence ? it is favourable for b to go for court commission to show the real possession, and then after he file his real written statement in court.
Ulisse Averna
28 July 2011 at 16:22
After 11 years I'm going to leave the house I've been renting. The last lease agreement will expire on next september. What must I do for the house?
Anonymous
28 July 2011 at 16:13
Dear Experts,
I have assigned a matter by a pvt. Ltd. Co. which is filed by some other advocate and at the stage of Ex-parte hearing I’ve filed my joint vakalatnama with the same advocate and then we filed an affidavit of evidence of plaintiff. The company then has withdrawn the service of said advocate due to his misconduct. Now I am solely appearing in the matter. The details of dispute are given below:
There are three parties in a dispute. 1 is plaintiffs co., 2 is the defendant co. and 3 is the employee co. all three co has agreed to complete some work in the state of Gujarat under an agreement and a M.O.U. dtd. 30/7/2001. Both the documents i.e. agreement and MOU executed in the state of Karnataka for certain reason. The Plaintiff having their regd. Office at Vasai in the state of Maharashtra, the defendant having their office at Bihar and the employee having their office at Karnataka. As per the terms of the agreement the plaintiffs has to pay certain amount as an a security to the defendant and a certain amount as an advance to their employee co. against that they complete the certain requirement of the plaintiff and as per the terms of the agreement the defendant, after the period of six month has to repay the deposit amount to the Plaintiff. The plaintiff as per the terms of the agreement paid the amount to both the companies i.e. the defendant and their employee but the defendant failed to complaywith the terms of the agreement as well as they failed and neglected to repay the amount of deposit paid by the plaintiff co.
The plaintiff in the year 2002 filed a civil suit for recovery of their due amount alongwith nterest/compensation. The summons served the defendant at Bihar. But the Defendant failed and neglected to present before the Hon’ble Dist. Court. The matter thereafter adjourn from time to time and then kept of ex-parte. The plaintiff filed their affidavit of evidence along with two documents namely agreement and MOU. The plaintiff after examine their witness, closed their case and start argue the matter. At the time of argument, the court raised an objection on the point of jurisdiction that the work to be done in the state of Gujarat, agreement executed at Karnataka, the payment of advance amount was made from the Bhopal (M.P.) branch of plaintiff’s bank, the defendant having their office at Bihar. The previous advocate wrongfully mentioned in the plaint that the agreement signed and executed at the office of Plaintiff at Vasai but the stamp papers for agreement and agreement were purchased from Karnataka, both the documents executed on the same date and it is clearly mentioned in the MOU that the MOU executed between the parties at Karnataka.
“Further it is mentioned in a clause of agreement that “In the Event of any breach by any one of the parties of the terms herein contained and should an dispute arise on such account, both parties agrees to resolve the same by referring the matter for arbitration as per provisions contained in the Indian Arbitration and Conciliation act 1996 and location of such arbitration proceedings shall be at Delhi.”
? Under the circumstances what application shall I file? If any draft can available on
any site or with you? Are there any judgment and/or citation available in my support?
Pl. do the needful at the earliest. It is very serious.
Thanks in advance.
rapten
28 July 2011 at 16:11
i have a decree in my favour passed by a court in calcutta in the year 2005, and the same has been transferred to a Court in Sikkim for execution. My execution petition got dismissed in default due to the non appearence of me and my lawyer. In order to have the same restored i filed a restoration application before the concerned court but unfortunatley even the restoration application got dismissed due to the non appearence of my Lawyer.
I am very confused now....what would be the right thing for me to do to have the Decree executed.
My lawyer has already filed a restoration appliction for the second time under Order 21 Rule 106 CPC. (with a prayer to restore the restoration application and the main execution petition).
Are there any judgements to suppost this restoration application that i have filed for the second time or in case if it does not get restored do i have an option of filing a fresh execution petition.
Please Help.
Anonymous
28 July 2011 at 14:45
Avinash files a suit against Brij and Suresh to obtain the possession of house X.during the pendency of this suit Dinesh transfers house X to Mahendra.ultimately, the court passes a decree in favour of Avinash and against Brij and Suresh.is this decree binding against mahendra as well?
Anonymous
28 July 2011 at 13:49
Dear sir,
In the matter of Divorce u/s 13, cruelty, desertion and psychopath.
q. if husband lost entire professional career and due to the situation created by wife and her family husband faced severe economic problem, court also agreed upon, but maintenance granted, may i know the reason on what ground court has granted maintenance to such wife who held responsible for the detoriation of mental and economical state of the husband?
q. in a marriage of 4-yrs , desertion of 4-yrs, why court not held marriage is null and void.
my lawyer is saying something else and court order is something else.
plz clear mist
thank you in advance
RAJ KISHORE VAISH
28 July 2011 at 12:51
Dear sir,
Appeal against the order rejecting application for permission to sue as indigent person was filed with Plaint. What amount is to be taken for Jurisdiction of D.J. in U.P.?
Raj Kishore Vaish
Anonymous
28 July 2011 at 12:43
Dear all,
My company has supplied material to another company amounting to Rs. 21,00,000/- in the year 2006 as per purchase order but due to high rising of price of raw material we felt to supply whole material and by executing risk purchase clause they claimed to be purchsed the goods from other co. We issued noticed to them towards recovering our claim of Rs. 21,00,000/- in reply they inform us about the said fact of risk purchase and made a counter claim of Rs 30,00,000/- after adjustment of said 21,00,000/- after that several communications hadbeen held without fruitful outcome. Now , I wished to proceed against them , is there any provision because as per my knowledge it has become time barred.
yogesh sharma
28 July 2011 at 12:12
I need a format to draft an application for impleadment of part in a suit
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Holographic Will
Is holographic will recognized in India?
Scenario : Testator handwrote a will under an assumption that it is a holographic will and it requires no witness and also mention this in the will. All other formalities(signature.. format.. language) are met and the intention is very clearly stated. There is no other will. The evidence of Testamentary Intent is very clear from the will.
1) Would it still be considered an invalid will?
2) What happens in the absence of statutory requirements?
I came across a statement - "In the absence of statutory requirements, written instruments have been held to operate as wills, in whatever form or with whatever name they might have come into existence." Is this a true statement?