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kuldeep kumar   18 July 2011 at 06:16

order 21 rr 26,29,42,47,order 41 r 5

which court can order discharge of JD under rule 26(2).is it appellate court? i hold opinion that discharge of JD in execution proceedings can be by way of appeal so discharge of jd in rule 26 means appellate court.under rule 26 transferre court acts on the orders of either court of 1st instance or appelalte court.am i right.second question is if which court to grant stay under rule 29 i think it is also transferre court.but if suit is pending in some court other than court of first instance then what power that 3 court can exercise in relation to execution?.if we think other wise it should be the trasferre court to deal with all matter by virtue of sec 47.but if objection goes to check validity of decree then comes role of other courts,be it appellate court or court of first instance. CAN SOMEBODY GIVE ME CORRECT FACTUAL POSITION

Anuroop   18 July 2011 at 02:10

Society

I noticed a society mentioning as Promoted by Govt. of India and it is approved by the Parliament as National Development Agency.
It is established by a person not by Govt. but the notices saying the above things are happened in the time of Nehru as the president. What is meant by promoting a society by the govt. instead of undertaking? aren't all voluntary nonprofit societies promoted by govt and the planning commission?

exdefenceofficer   17 July 2011 at 20:14

false claim on property

My elder son had purchased a flat in year 2000 after taking a loan from Bank and is paying regular EMI from his Bank account. He has allowed his younger brother with his wife to stay in this flat without rent on an oral understanding to vacate it whenever he wants it back. This was done due to excellent family relations. In Feb 2011, my elder son requested his younger brother to vacate the house which he readily agreed and told his wife accordingly. The wife of my younger son on the advice of her brothers tried to convince her husband (i.e. my younger son)that he should not vacate the house and they will claim its ownership since he has paid around Rs 12 lacs to my elder son from 2003 to 2008 through his Bank account. I would like to make it clear that my elder son has paid his younger brother Rs 12 lacs as a loan in the year 2001, to enable him to purchase a business. My both sons have not entered into any written agreement about this loan and my elder son told his younger brother to repay as per his convenience which he paid from 2004 to 2009 by cheques. My younger son refused to be a part of this dishonest conspiracy by his wife & her brothers. He however did not vacate the flat and my elder son therefore took the advice of an advocate to get flat vacated. The advocate adviced him to file a suit in delhi high court since value of flat is over 40 lacs. The case was filed in delhi high court. To our surprise, no notice was given to my younger son and he had no idea about this case whereas his wife along with her lawyers and brothers presented themselves in the court, and made a request to implead her in the case claiming that she (~wife of my younger son) is the owner of the flat. The original registered documents in the name of my elder son are in the safe custody of Bank as security.

Q1): Can the wife of my younger son and her brothers, stake the claim on flat of my elder son based on the payment made by my younger son to repay the loan of Rs 10 lacs to my elder son.

Q2) My younger son's wife had made a false claim in the court that firstly in year 2003 at the time of purchase of flat, a verbal family-agreement was made between all concerned that the flat will be given to my younger son and his wife, which is not true.

Secondly they also have made a claim that a written family agreement was reached between both my son's which was signed by my wife, and the cousin brother of the wife of my younger son as witness, and she further stated that she does not have the copy of this written statement because only 2 copies were made and one each is held by my elder son and younger son. The fact is that no such family agreement or settlement was reached and there is no question of there being any copy with either of my son's.

Q3) Based on above facts, can my younger son who is as of now very honest and her wife in collusion with her brothers, claim flat of my elder son. May I please have your advice.

The case will come up in court shortly.

raju   17 July 2011 at 19:38

personal loan

sir/madam this is raju from hyd...my father was a govt employee.who took a loan amount of 1.3 lakhs from canara bank in 2004..payment for the last installment iz 31 july 2007...and he retired from the service on 31 st july 2007.after he died in 2008 without paying the loan..and his subordinate given the witness for the loan we hve been getting the notices for the past 3 months regards to attend the court..in that notice they are not mentioned how much money has to be recovered....do they give any attachment to my mom pension?can u tell me wt z the exact peroid of time to pay d personal loan?after how many years they put d personal loan as bad debit...we r just living on d pension amount and we dont hve any assets &income sources....wt do u suggest me ?

G. ARAVINTHAN   17 July 2011 at 16:17

execution of mandatory injunction decree

Suit for mandatory injunction decreed with observation, directing a defendant to get appropriate license within a reasonable time.

Article 135 says Execution to be filed in 3 years. : Limitation Act

Now after 4 years, the decree holder filed E P for implementation of the order.

Is E P Maintainable?

G. ARAVINTHAN   17 July 2011 at 16:12

Counter claim

In a suit for permanent injunction. Can the defendant file counter claim for declaration and recovery of possession for some other property between same parties?

Anonymous   17 July 2011 at 13:31

amicable result in mattr of divorce

Dear all

In the matter of divorce filed by husband sec. 13 for cruelty, desertion and psychopath behaviour,

if it is proved that wife has deserted husband intentionally and severe cruelty had done by her including her other family members in matrimonial home and with husband.

Is she will be granted maintenance by the civil court at the time of divorce decree?

everything is proven but litigation is pending for final disposal.

at present condition is not cleared by my lawyer.

Anonymous   17 July 2011 at 11:33

basic legal query

IS THERE ANY LAW IN HIMACHAL PRADESH WHICH APPLIES IN CASE OF PIOUS DUTY OF SON IN CASE OF FATHER DEBTS EXCEPT HINDU LAW AND SEC50, 52 ,53 OF CPC.CASE IS OF BILASPUR DISTRICT in himachal. DEBT PRIVATE DEBT.

Anonymous   17 July 2011 at 01:43

regarding curropt medical officers

wARM REGARDS
DEAR ALL
My name is joby mathew from Madhya Pradesh. My sister is a govt. staff nurse in govt hospital. she has been deprived from many payments she have right to get,her accountant has been arrested for asking bribe to my sister and he is now on parole. we have complained of the non recieval of ariers and other payments to lokayukta but of no use. I want taht she should get her all the dues cleared,we want some information through RTI,and want to get a few officers involved in bribary behind bars kindly guide iam hopeless and helpless. As we are of minority reigion nobody is helping me, and most of the corrupt officers are now against my sister by which she is getting regular mantal harrasment.can she move to womens commission.
Please guide me to get my sister justice

its is so urgent PleAAAAAAAAAAAAAAAAse help

Anonymous   16 July 2011 at 22:49

showing expenditures without evidence

Respected experts,
in statement of account by committee member
of a building{flat)fund showing expenditures
without materialistic evidence.how to charge
them?
regards