Anonymous
01 July 2011 at 23:53
dear,i m tenant of trust, due to some problem i m sub-letting, whats the clever way ican defence,please give the opinion if trust file case against me so i can defence myself
Anonymous
01 July 2011 at 20:24
My case is at the Respondents Evidence stage where i am a Respondent ...
One new Documentary Evidence has emerged lately which was not present earlier when i had submitted documents as evidence (some 8 years back)...my opponent has made a payment some 2 years back (which i could only find only at the Internet) which clearly indicates that it was his liability to make such payments and not mine and that is the subject matter of the case itself .
1.As I found out this evidence on the Internet... now can i give the copy of what is visible on the internet as an evidence Or should i ask the court to call for this document from the Govt.Records.
2.Can we file this documentary evidence which is most important now at this stage of the case and if so under what Rule/Order of the CPC.
3.Can we file this document also after my Respondents Evidence is over as i am predicting that such document might prop up during the course of my cross examination.
4. As this payment made by him is some 2 years old, can this also go against me that why i dint brought on record this document earlier or can i take a plea that it came to my knowledge only now when i checked such a payment on the net ...I submitted all my documentary evidences some 8 years back and this payment was made just 2 years back .
Thanks ...
Anonymous
01 July 2011 at 19:53
I am fighting a dispute before an Industrial Tribunal (under ID Act 1947).
The opposite party is a public authority.
The Central Information Commission had ordered the Public information officer (under RTI Act) of the same Public Authority to file a sworn affidavit. Accordingly, the PIO filed the affidavit before the CIC. I procured the CERTIFIED COPY of this affidavit from the CIC.
I submitted this CERTIFIED COPY before the Industrial Tribunal.
The Industrial Tribunal asked me to PROVE the document.
How can I prove it?
I am not an advocate. As a layman I thought the certified copy supplied by the CIC need not be proved.
I will be obliged if the learned members post comments with necessary citations of SC or legal provisions.
Thanks
Anonymous
01 July 2011 at 19:42
Sir,
I am in defendant side.
Bank filed case for recovery of debt against my client.
Bank manager existing or then time of sanction of loan did not come as witness. Rather a bank clerk only gave statement.
Even no any documetry proof has been duly proved.
Court required citaition..
plz help me. Case adjourned for Monday for final decision.
R. Shanmuganathan
01 July 2011 at 16:36
Dear Sir,
We have been a tenant since 1961 running two shops next-to-next (in a row of 7 shops)in the ground floor. In 1997, the landlord approached us and requested us to vacate the shops so that a new construction of a new commercial complex could be made (total of about 10,000 sq.ft area). So, an agreement was signed in which the landlord mentioned that our shops will be in the first floor (4-1/2 feet from the road level). When we asked about the floor underneath it, he said it was allocated for parking. But when the construction was made, he not only raised the height of our floor to about 8 feet but he also constructed shops only in the basement. When we opposed to the height of our floor, he agreed to give us the shops just below in the basement. But as it was not completed, he asked us to occupy the first floor shops temporarily (as Deepawali was nearing so that we can run some business) and he assured us to hand over the basement shops as soon as it is completed. But, he did not gave the basement shops to us but he gave the shops to a new person accepting Rs. 8,00,000 as T-money. Meanwhile, the height of the floor affected our business totally. In 2004, the landlord filed an RCOP case against us praying for a direction to us to pay the rent arrears and vacate the premises. We argued in the court that he (landlord) cheated us and has not given us the "basement, ground floor" (as quoted in the rent agreement) and we are not in the "basement, ground floor" but we are only in the first floor (about 8 feet from the road level), so this agreement would not bind us and there is no landlord-tenant relationship exists. The landlord, realizing his mistake, applied for a correction to be made in the rent agreement to the effect that the words "basement, ground floor" be changed to ground floor. In spite of our strong opposition, the court allowed the correction. Even if the allowing of correction by the court is correct, how can a level of 8 feet from ground level be called a ground floor? Actually, there is no ground floor in that building at all. But, the court ruled finally that we pay the arrears and continue to be the tenant, otherwise vacate. We appealed in the higher court and they also confirmed the judgement. We appealed in High Court and they dismissed our appeal. All the three courts have not cared to the cheating done to us by the landlord and had not cared to verify our contention or the fact that is there any ground floor in the building at all? We are paying rent to the shops in a floor that is actually nonexistent in that complex. Kindly advise what further steps we can take? We are not running the shops since 1996. My question is, Is the landlord has the authority to demand from us rent based on this rent agreement? Is it right for the court to allow a correction in a rent agreement after seven years (after the landlord went to the court)? If the court can allow a correction in a main document after seven years, why cannot it entertain or heed our pleas and contentions being cheated by our landlord? Are we bound by the rent agreement at all? Can we claim compensation from the landlord for the damage done to us due to his breach of agreement? Is it advisable to apply for a revision in the High Court? Would you advise us to go to the Supreme Court? Please advise!
madhu mittal
01 July 2011 at 16:21
In plaint point no. 1 it was written that the company is registred under companies Act 1956 on 12.10.1994(12th Octomber 1994) in stead of 05.09.1991 (5th September 1991). The Certificate of incorporation was enclosed with the plaint is of dated 05.09.1991 (5th September 1991).Plaint was lodged in court on 03.04.2006. But notice was served on defendant in May 2011. The stage of case is :Defendant came in court on 29.06.2011 with written answer statement, though he did not point out this mistake, simply saying non acceptable in want of knowledge. Please let me (plaintiff) know how to get the mistake rectified.
Anonymous
01 July 2011 at 13:44
two neighbor living next door made a private line from public water line used for common purpose for the building and any one can use it. since it is public i send a letter to BMC and they cut their lines but they reconnect it and they verbally abused us. they filed a complaint to police station regarding not having license to the my father's business( its lottery) but having the license it did not had any effect so they started accusing and verbally abusing us.but now after one month in the morning at around 6.30 my brother went out of house for jogging the two ladies of that neighbourhood started hitting him and than both those neighbours including 2 boys who beat him up and one tried to strangle him and they stared to hit my mother too, we did call police but they just filed the complain and no action was taken. i want to know what legal action can be taken and what would be effects and action taken by the police officers is right in law??
please help me with this.
mahesan
01 July 2011 at 12:54
A purchased 7 acres land and she died 70 years back, A had 3 daughters namely B, C, & D. After death of A and her legal heirs are separately and evenly enjoyed each 1/3 share. Now C sold her 1/3 shares to E, E was executed settlement deed in favour of his wife with specific boundaries full road face same was without consent and knowledge of B & D, What relief B & D Entitled to equal partition, The settlement deed infavour of Wife of E is valid or not? Properties at tamilnadu
Anonymous
01 July 2011 at 10:34
Dear Experts,
This is about property share for daughter, daughter are have 100% property share in india, then why the law says different opinion about this.Before married, after married, after father death, wills, register partition before after.Property is father, daughters have share in the property, then why law made different types of opinion about this?
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