Jolly James 9447287658
12 January 2011 at 20:13
Whether government can be partitioned by filing partition suit ( Possessory title of a decesed)
Gaurav Nanda
12 January 2011 at 19:44
I am a 2nd year LLB student myself, in 2009 i along with one another boy acquired 2 rooms set in delhi ( in Outram Lines , Kingsway Camp). We entered into written agreement(though not registered)with landlady according to which the rent was fixed at 11500 per month and 11500 was also deposited as security.....the agreement expired in oct 2010, it is worthwhile to note that there was no mention in the agreement for increase in rent after one year in case we mutually agree to carry on for another one year...nor there was anything mentioned either in favour or against further carrying on for another year.
now in oct 2010 we mutually agreed orally to continue. further landlady insisted on increase in rent which was again orally and mutually agreed to take place after few months..the quantity of increase in rent was not mutually agreed at that time, now in this Jan 2011 when this issue to increase rent is raised...then i and my housemate is insisting that rent to be increased from Rs.11500 to Rs.12000 as we are already paying high rent.....on the other hand landlady is insisting 10% increase in rent which means Rs.12650, they are insisting on us that it is a rule to increase 10% rent in Delhi.
Now my question to you is does such kind of law exists --- according to which in Delhi after every year rent of 10% in residential places increases? If such law exists then is it an absolute rule, in other words in all circumstances rent of 10% increases.....or 10% is the maximum ceiling of increase allowed by legislature and legislature has left it on the people to decide mutually themselves that what percentage they want to incresase subject to maximum of 10% increase.
Lots of confusion exists on this issue as landlords in delhi thinks that it is there absolute right to get 10% increase...Please throw light on this issue and clarify it.....any other advise is most welcomed.
Anonymous
12 January 2011 at 18:31
Dear Sir,
My uncle was going on a scooty and he was the pilion rider of that scooty . one of his friend was driving that scooty and when he was crossing the road after imbalancing of scooty a govt. jeep by sudden hit them from behind and they fell down and sustained multiple gravious injuries.My uncle were retiring on 27 of june but the time of accident was 21 june i.e. before retirement7 days.he is a govment teacher and income of my uncle is 39000/-per month I have filed the claim pettion u/s 163-a. Please help me with citation that whetether the applicatiuon petition is maintable or not U/s 163-A or not?
Anonymous
12 January 2011 at 17:51
Dear Sir,
my client Mr. Jamil Akthar, Proprietor of Kohinoor Sales sold goods to M/s. Bheem InfoTech, at Bangalore, valuing total amount of Rs. 7,65,000. The said consignment, was dispatched and booked through M/s. XYZ Cargo Movers.
M/s. Bheem InfoTech after three days called my client and informed that the said consignment are not yet delivered to them. My client suspected fishy and called upon by M/s. XYZ Cargo Movers, in respect of non delivery of consignment to M/s. Bheem InfoTech. M/s. XYZ Cargo Movers informed and assured my client not to worry about the said consignment and due to some confusion with in their branch staff at Bangalore and hence the said consignment could not be delivered.
That even after three days there was no information from M/s. XYZ Cargo Movers in respect of dispatched consignment by my client. On 26.12.2010 my client was so tensed and nervous hence he personally visited the office of M/s. XYZ Cargo Movers at, Mumbai and requested to give him the details and facts of the consignment and also requested him to furnish the copy of manifest in respect of dispatched of the consignment dated 20.12.2010(when the goods were to be loaded in the railway wagon). After lot of hesitation/dithering and argument they furnished my client the manifest in respect of dispatched of the consignment dated 20.12.2010 (showing the details of consignment send by M/s. XYZ Cargo Movers from Mumbai to Bangalore dated 20.12.1010). My client was so surprised/shocked to observe that there was no entry of receipt/challan on manifest dated 20.12.2010 of M/s. XYZ. Cargo Movers.(it means the goods were not loaded from Mumbai.
My client had already smelled fishy and suspicion and by seeing the manifest dated 20.12.1010 my client suspicion twirl to real, that the courier company have acted in collusion with each other and have misappropriated the consignment for their own. That to mislead and deceive, the person from XYZ Cargo Movers accompanied and forced my client to send his person with him to Bangalore office for verification of consignment. where it was found after verification at Bangalore Railway Station that the said consignment was not dispatched in railway wagon by the said M/s. XYZ cargo Movers.
That even after verification/confirmation with Mr. Anil (head of his branch office at Bangalore), it was found that the said consignment was not dispatched/transported with railway and hence it could not reached at their final destination. It prima facie shows that person from XYZ Cargo Movers from Mumbai have acted in collusion with each other and misappropriated and have been deliberately and dishonestly kept or disposed off/sold the consignment with the intention to cheat my client.
Sir, Now I want to know whether my client can file a consumer complaint (my doubt is he is Proprietor of Kohinoor Sales and the goods dispatched with Cargo company was commercial goods, can he comes with in purview/definition of consumer. And whether the goods and transaction are commercial transaction. Or relevan t judgement on this point
rajendra b. popat
12 January 2011 at 14:37
whether dwelling flat in mumbai can be used for residence and professional use, pl advice.
Anonymous
12 January 2011 at 14:35
My business address is in Delhi. I ordered goods from a supplier in Saharanpur. The order as given in Delhi.
Can the supplier institute a civil suit for recovery of payment against me from Saharanpur.
Balaji Bakthavathsal
12 January 2011 at 11:02
In the year 1996, a suit was initiated by a person, let me say as “X”, seeking ownership and permanent injunction against trespassing over a immovable property against three persons and let me call them as “A”, “B” and “C” and their people.
During the pendency of the case, the plaintiff “X” died and the foster son “Y” impleaded himself as the legal heir to “X” as per the will executed by “X” and continued the suit.
The court delivered its verdict in favour of the foster son “Y” restricting “A”, “B” and “C” and the people related to them restraining their entry. An appeal was filed by the defendents “A”, “B” and “C” and the appeal too was dismissed which was in the year 2003.
The elder brother of B and C, let me call him as “D” who was away from his home town due to his employment was not aware of the suit filed on his younger brothers and came to know the history very recently while digging out old papers. While court order says that the” Defendents and their people/wards are barred” My questions / doubts are:
1) When “D” is not at all a party in the suit, whether the court order binds him ?
2) Since “D” came to know about his rights on the property very recently, can he file a fresh suit, challenging the suit filed in the year 1996 whose verdict was delivered in the year 2003 or the Law of Limitation is applicable here.
k.bala
12 January 2011 at 11:01
Thanks you sir,
The partition deed it self mentioned the schedule "A" for elder brother (amount Rs.20k and land measuring 0.75 acres)and schedule "B" for younger brother (amount Rs.1.00lakhs and land measuring 2.acres).this property is belong to there father where 'A' son or daughter can file suit against "B" because there grand father property (ancestral property )
Member (Account Deleted)
11 January 2011 at 23:41
What would be the jurisdiction in the following matter and can you please provide any citation on the subject.
A Product was ordered online in 2006 at Delhi from a Bangalore based company, as a result a quotation was generated by Bangalore office and emailed to the consumer. Quotation referred to some website URL of online terms and conditions.
The quotation accompanied with Demand Draft was couriered to Bangalore office. As a result, the product was manufactured in Malaysia was delivered at Company's Delhi address through Bangalore Office by some company's local agent. The company didn't have any branch office at Delhi.
Now, the Opposite Party in reply challenges the jurisdiction of Delhi court and produces a print out (printed in 2010 from website) of terms, which says the courts at bangalore would have exclusive jurisdiction.
So where the jurisdiction would lie and whether the terms can be challenged otherwise also, as not belonging to year 2006. And how it can be proved, what terms existed in 2006.. as over a period of 5 years they may not be the same ?
Thanks in anticipation !
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muslim law
Muslim law
In 1912 possesion has taken through the court by the plaintiff. Execution petition also filed, the plaintiff (musilim) have the possession, after that he appoint one person who was caretaker of the land, plaintiff demise, plaintiff legal heirs doesn’t know about the property. Meantime the adjacent Muslim owner occupied the land and changed his name as owner in the revenue records on 1952.
Now the legal heirs ready to file the suit. Some bodies told me in muslim law no limitation arose. Please give proper advice thank you