raju
19 July 2011 at 18:25
respected sir.this is raju frm hyd.my father worked as a govt employee..who took a loan amount of 1.3 lakhs frm canara bank in 2004..with d witness of his subordinate...and he retired frm d service on 31july 2007..and he died in 2008...we dont know about the loan mateer until he died....now we are getting the notices from the honourable court of nizamabad to attend the court for my mom and my explanation..the suit was filed under section 22under(4)cpc under section 151cpc...we dont hve any assets..we are living only on the pension..only..can u tell me wt is the exact period of time to pay the personal loan..?do i hve any chance to avoid the loan...wt should i do
?do they give any attach to my mom pension to recovery the balance amount............
Anonymous
19 July 2011 at 18:22
R/experts,
My query is as follows,
I have filed simplisiter injunction suit alongwith temporary injunction application.The lower court grant temporary injuction application.By aggrieved with the order defendant filed Miscellaneous Appeal and the record and proceeding of lower court have called by Appellate Court.
Meanwhile at the stage of final hearing of Misc.Appeal, appellant/original defendant stating that the old survey no.202 of the suit property is not owned by respondent/original plaintiff.Appellant taking this type of stand because plaintiff pleaded this no. in his plaint.But actually position is that,plaintiff is owner of Survey No.201,due to typographical mistake survey no. 202 has been typed.Appellant taking disadvantage of this mistake.
Now plaintiff wants to amend his plaint but the R/P is in appellate court and amendment is plaint is essential.
Can plaintiff file application of amendment before Appellate Court?
Anonymous
19 July 2011 at 17:50
Dear Sir,
That plaintiff filed suit against Grampanchyat in the year 2009 along with Temparay Injuction application under order 39 Rule 1 & 2 court granted injuction in Sept.2009. In the year 2010 Grampanchyat converted into Nagarpalica obviously Nagarpalica become a party in Jan 2011 in place of Grampanchyat.
The Grampanchyat has not filed the appeal under order 43 Rule 1-R of C.P.C. But after 2 years delay the Nagarpalica filed appeal against Temparary Injunction. And show that the appeal filed within limitation from the date of knowledge 30 days. Therefore the appeal is within limitation under Article of 116 of Limitation Act. In Limitation Act Article clearly shows that the 30 days limitation is from the date of decree or order.
Question - What is the position of law & how the effect of AIR 1961 SC Page No.1500 please discuss with case law
(ADV.SANGRAM CHAVAN - JALGAON)
Anonymous
19 July 2011 at 16:44
query
Can the issue of jurisdiction of bar of court raised after more than one year of granting interim injunction (granted about 2 years back against demolition order) by civil court. Will it not cause further suffering to litigant. Kindly advice.
Thanks for the advice by Sh Sachdev Bishnoi that the jurisdiction plea must be taken earliest after the appearance in the court and not after so much of time in regard to my above query. However, can more convincing arguments may be provided along with citations to justify the above (and other valid arguments), if court is not convinced. Regards
Anonymous
19 July 2011 at 16:04
I filed a suit in the year 1999 relating to declaration and permanent injunction relating to a boundary wall and 2ft land beside it .The suit decreed ex-party in the year 2001. Last 10 yrs I tried to reconstruct my wall and raise the height of it but failed due to constant resistance from judgement debtor and police refused to help.I can not understand what way I can execute my decree because it is not related to recovery of 'khas possession'.If you have any opinion in favour of execution of the judgement plaese quote actual order and rule of Of Order21 of C.P.C.
Anonymous
19 July 2011 at 15:42
1) Is an affidavit given to court binding on the deponent?
2) If deponent violates affidavit what is the consequence?
3) Can a police case be made out for violation of affidavit?
4) can a civil suit/criminal suit be filed for violation?
5) Can a ffidavit be conuntersigned by advoate of parties? Is that sufficient?
Anonymous
19 July 2011 at 14:21
is there any act in case of succession of assets of deceased male hindus in himachal pradesh which applies exclusively in himachal
Anonymous
19 July 2011 at 13:45
In contempt of court act section 2(a) defines contempt as " wilful breach of undertaking given to court".
The question is:
1) Is an affidavit given to court considered as undertaking to court?
2) How contempt is to be filed?
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withness
in the will deed one withness signature is accepted by the court of law or not . if one withness sign the willdeed it a valid. any cases which is related to willdeed. withnes signed by only one person, have any judgement on that matter plz send the judgement copy or in which year issued a judgement and their parities names