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Adv B.B.Gambhir #9814820602   11 May 2011 at 21:59

civil suit

my client Harbhajan Singh having one son and a daughter. Harbhajan Singh is owner of a property measuring 128 sq. yards by two sale deeds 57 sq. yards and 71 sq. yards purchased in the year 1969 on different dates. in May 2007 Harbhajan Singh told his daughter Taranjit Kaur that he wanted to get rgistered a Will in favour of his son Amarjot Singh but Taranjeet Kaur taken him and got registered two gift deeds of 57 sq. yards and 71 sq. yards respectively without disclosing the matiral fact to Harbhajan Singh. Thereafter Taranjeet Kaur filed a civil suit for possesion against Harbhajan Singh and Amarjot Singh and thereafter Harbhajan Singh also chalanged one gift deed. Now i came to know that only one gift deed has been challanged by previous counsel. the limitation has been expired. the previous counsel has not chalanged the second gift deed within 3 years despite knowledge. at the stage what should i do how by covering limitation, i can challanged the second gift deed. Civil Suit filed by Harbhajan Singh has been dismissed in default under order 9 rule 8 cpc and application for restoration is pending issues have been framed on application. suit of Taranjeet Kaur is fixed for consideration on stay application

BHAJAN PARTAP SINGH   11 May 2011 at 21:02

WHEN A CIVIL SUIT IS FILED CAN ANY ONE PARTY CLAIM HIS SHARE?

my question to you is when a criminal
suit is filed during the filing
can the opposite party claim his share
over the said property as a whole
or wait till the case is heard in court?

we have a litigation going on a civil
suit so the above query is correct.

Anonymous   11 May 2011 at 16:34

Binding precedent.

1) Binding precedent are applicable to the lokadalat.

2) What is the qualification required to be a judge of the lokadalat & how can be the judge of the lokadalat. Where it has been said that the HC retire judge cannot be a judge of the Lokadalt.

Thanks.

prakash v prabhu   11 May 2011 at 15:51

MACT CLAIMS

HI,I MET WITH AN ACCIDENT ON 31/12/2010 (8PM) WHEN A LORRY HIT MY CAR FROM OPPOSITE AND UNFORTUNATELY I LOST MY RIGHT HAND ABOVE ELBOW.I WAS ADMITTED IN HOSPITAL TILL 7TH OF JAN-2011.MEANWHILE MY COLLEAGUE SUGGESTED TO CLAIM FOR COMPENSATION AND REFERRED TO AN ADVOCATE WHERE HE REDIRECTED TO SOME OTHER LAWYER TO FILE CASE AND ASSURED ME FOR A INTERIM CLAIM OF 3.5 LACS FOR MY HOSPITAL BILL AND COLLECTED 50K FROM MY PARENTS.FROM JAN TO APRIL END HE WAS ASSURING ME THAT THE AMOUNT WILL BE RELEASED TODAY OR TOMMOROW.WHEN I GOT ANGRY ON HIM HE TOLD THE OTHER LAWYER AND TAKEN MONEY AND RAN AWAY AND THE CASE HAS NOT BEEN FILED IN THE COURT.THEN I GOT REALISED THAT I WAS BEEN CHEATED.I HAVE LOST MY RIGHT HAND AND I AM REALLY DISAPPOINTED BY THIS ACT
KINDLY HELP ME WHAT I CAN DO IN THIS MATTER.
PLEASE HELP ME ALL MY FAMILY MEMBERS ARE DEPENDED ON ME...

Anonymous   11 May 2011 at 15:34

servicing contract

I have given one Hard Disk drive to samsung service centre within guarantee period , they acknowledged with condition subject to condititons printed overleaf, but on overleaf there was no condition it was blank , when I contacted on phone ,reply was we will inform you , after 9 months when I went personally to service cetre they refuse to deliver stating I am late.
CAN they forefeit my HDD without any condition printed on acknowledment receipt as what to is last date of taking delivery or their right to forefeit HDD .

Abhi Sharma   11 May 2011 at 12:59

RefunD of differential amount deposited with RIICO

Rajasthan State Industrial Development & Investment Corporation Limited (RIICO) allots industrial land to individuals/organizations. An industrial plot can be permitted to be used
for setting up of hotel without going for any change in land use for commercial purposes
of the plot. In other words, for this facility the allottee concerned will not be required to
pay any conversion charges. However, the allottee concerned will have to pay differential
development charges worked out at the prevailing industrial rates less the development
charges already paid at the time of allotment of the plot. The differential development
charges as mentioned above would form part of the development charges (cost of
industrial land) as updated at par with the development charges for the industrial land
calculated at the rate of industrial area concerned and as may be prevailing at the time of
seeking such permission. The differential development charges are being recovered
deeming that the land is being allotted to set up an hotel at the time of seeking such
permission.
We applied, lets say in january and were allotted land on payment of the differential development charges amounting to around Rs. 60 lacs. Then suddenly after a few days of alotment to us and signing of lease with us RIICO scrapped the requirement of payment of differential development charges for the simple reason that "Hotel" has been declared as "industry" long back and as such no differential development charges are required to be paid. the promotion of hotel industry was also kept in mind while making such decision.
NOW WE WANT TO GET differential development charges deposited by us refunded. IS IT POSSIBLE? WHAT WOULD BE THE PROPER REMEDY? ANY CASE LAW IN THIS REGARD WOULD BE VERY HELPFUL? PLEASE HELP.

Anonymous   11 May 2011 at 12:43

probate

My father was an Australian resident.In 1999 he made a will in India, and later Australian SC granted a probate of this will. I want to know, whether this probate is enforceable in India?

Anonymous   11 May 2011 at 10:31

t of a property on behalf of the need of the ow

please give any case/ruling/judgement in a civil case for particular situation:
any owner's wife'S name property effected or not in a civil suit for vacant of a property on behalf of the need of the owner

Anonymous   11 May 2011 at 10:28

procceding without opposite party's presence

Dear sir,

This is the case against builder in consumer court. The court has adjourned until next date with following is recorded in the court registry.

"Advocate for the complainant is present.
Advocate for opponent is absent.
Opponent has not filed written version.
There is no application for seeking time to file written version.
Therefore case to proceed in the absence of opponent."



Sir, there are lots of issues that builder may not disclose and argue against. That's why, I believe he has not filed written version. Now, I my querry is,

1)Is this situation benefecial for case matter to be finalised expeditiously?

2)However, if before next hearing, in case opponent file written version, will court admit his application?

Thanks and Regards,



Anonymous   11 May 2011 at 09:50

Rig out of Consent Terms filed in the court

We are defendants in a property matter and have filed Consent Terms in the City Civil Court which we now don't want to go through or comply with it and want to rig out of it by hook or crook. Experts we beilieve every thing is possible for a price and so pl. guide us in the matter and suggest the way out although there is no fraud or cheating involved in the consent terms agreed to and filed by us in court in August 2009.