Anonymous
02 May 2019 at 20:54
hi. I am a law student from DU. I have participated in moot. I have been given the role of MCD and impleaded as the defendant No.2. It is a suit in which there is a family dispute between two brothers. One is the Plaintiff another is Defendant No.1. It is the case of the Plaintiff that Defendant No.1 is raising illegal construction on the 3rd floor for which complaint is filed to MCD(Defendant No.2) but MCD has never responded to the complaint. Since I am representing MCD i.e Defendant No.2, what grounds should I take in my written statement and what documents should I file along with my written statement.?
Samudra
01 May 2019 at 12:10
In my case i have obtained a document from the authority, a XEROX copy ( Which was issued with a covering letter). Distrct court and also deffendant says this Only Xerox copy , this cannot be usedas evidance, Only Certified copy should be admitted as evidane. Please Learned EXPERTS OF THE forum to clarify this , if possible with courts Judgements.
In my second case when i approched Deffence authourities for a Copy of the Lease deed ( this Land was taken by Army under lease from my grand mother,The land is still under their occupation even after the LEASE is Expired) , The Deffence estate Officer refused to give me the copy of the same citing this ( LEASE AGREEMENT was) is more 20 years old. How solve this problem.
Thankig YOU ALL expecting an reply, Please.
Anonymous
01 May 2019 at 10:20
Hearing going on contempt application filed under 39 2a by an unregistered firm of two partners and one partner dead before trial, no legal heir named, contempt application filed during ongoing suit,
after only surviving partner filed ws and got cross-examined where as alleged date of contempt much before case came on board.
Previous lawyer did not file reply and left the case at crucial time, present lawyer also
has not filed reply to contempt application.
Yet I have not been served any notice / summons as there are many loop holes in the main suit as well as contempt application ( plaintiffs a sham farzi firm)
It has been 4 years since plaintiffs filed the contempt application and 18 months since hearing on application by court( 22 dates),
also plaintiffs lawyer not attending Court as well as my lawyer. Some nexus going on. I am outsider to the place of suit.
I personally went to court and judge said bring your lawyer and file reply.
Lawyer is a big head and difficult to get him. around. His assistant not replying my mails / enquiry. Handsome advance fee paid.
Sirs,
Can I personally file the reply in form of affidavit or through some other lawyer.
Contempt application by plaintiffs / defendants is self contradictory and bares plaintiffs claim that they had the possession. Suit is for declaration.
Further can award punishment for contempt without hearing me, or giving notice / summons or framing issues.
So far no written explanation asked by court in writing.
Anonymity essential.
Advise and oblige if you can.
anil deoram kute
29 April 2019 at 22:39
I had filed one application for getting heir-ship certificate under Bombay regulation 1827 in the year of 2015 and the same was granted to me by passing such order. But in order court direct me to furnish court fee stamp upon the valuation of the property and the court fee was Rs.40,000/- so at that time my client refuses to furnish such huge court fee and intended not to take heir-ship certificate at that time. But now after passing of four years he needs the heir-ship certificate for the same property and also he is ready to pay court fee But after laps of four years can i ask for the heir-ship certificate on that previous order itself. If yes, after laps of four years what application should i made to the court. please code any provision.
anil deoram kute
29 April 2019 at 22:10
i have filed one application for obtaining custody of my son under guardian and wards act. my client due to his service could not get leave and get him attended in that matter and for that court passes the order of dismissed in default. Now what remedy i have to restore that application.
Ayan
29 April 2019 at 15:46
A property was given rent on 2005 , The agreement was
1)2005'March-February'2006
2)2006'March-February'2007
3)2007'March-February'2008
4)2008'March-February'2009
5)2009'February-June'2009
Landlord detected cancer and undergone treatment in 2009.
Tenant take the full advantage ,2009'February-June'2009 was the last agreement
when Tenant did not pay a single month (from 2009'February) till 2017.
In 2017 , Land lord file case for eviction.
Now ,Tenant is demanding , he pays regularly by hand , landlord never issued Rent Receipt.
Landlord has not kept old Agreement and Receipt counter part ,as it was
over and there was no problem.Only Latest (2009'February-June'2009) has with him.
Tenant is Claiming counter part of old money receipt .Tenant saying , if Landlord
could not show , counter part of old Rent Receipt counter part , it is proved , that
Land lord never issue money receipts and he is not defaulter of payment.
My question is
1)In a eviction case , land has to produced payment receipt counter part ?
2)If Tenant has not paid and has he has no prove of payment , is it enough
to prove Tenant defaulter or land lord has to submit document ?
3)Agreement Says , Tenant has to handover property on june'2009 to Landlord.
Can tenant forcefully stay there years after years ?
4)After agreement period is over , he can claim himself 'Tenant' ?
Can he claim of payment after the expire of agreement ?
5)If Landlord has not kept, payment receipt counter part.Court will
go with landlord or tenant ?
I am Daughter-in-law of the Landlord.I am handling the case as landlord
is around 80 and sick.
Raj
29 April 2019 at 01:46
Dear Experts,
We are a group of 12 flat owners in a building with 34 flats. The owners living in building are dictating all terms including maintenance amount, rules etc. Other owners who have rented flats do not want to object or question.
12 owners, 1 is living in building and 11 have rented - this group does not want to accept all the rules. But by saying majority, people are forcing all rules and not responding properly. Maintenance is not charged on sq feet basis (some are 3 BHKs and some are 1BHK) and arbitrarily done.
Whenever we object, the owners living in building threaten to stop all maintenance and start spreading negative news about owners, and tenants feel harassed a lot. It is in Bangalore and not registered.
Since tenants are in the building, these 11 owners have been cooperating but decisions are being made one sided (owners living in building). The association people know that owners cant lose tenants and hence blackmailing like that. All friendly discussions failed and they are adamant.
Please advice.
thanks
Raj
sriram
28 April 2019 at 18:41
My father having self acquired property of a house site in west godavari district.He passed away in the year 2009.we are 2 brothers and a sister.The house site not partitioned among us.But,my younger brother sold out the site to the neighbouring site holder without our consent.Is the registration valid?Then,what steps to be taken to avoid the registration and to get back our site.Please,kindly advise regarding the matter.
Mayank Mahajan
28 April 2019 at 13:27
Dear Sir
Our company has taken loan from a bank , they have auctioned once ,but it didn't happened , we have started selling the property in installment way , and we are depositing in the bank loan account , after this we are registering the property to the buyers , without permisiion of the bank. is it legal?
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Permanent and temporary injunction
hi. I live in Rajouri garden. I am the owner of the 2nd floor of property situated in Rajouri garden. my younger and elder brother lives on the ground floor and 1st floor. One day when I went outstation for a function, I came to know that my younger brother has started unauthorized construction on the 3rd floor. so I made a complaint to SDMC but no response came. then I immediately came back and made a complaint to police who stopped the construction. however, my younger brother locked the entry gate of the roof i.e 3rd floor and is refusing to give me the keys. therefore I have filed a suit against my younger brother and MCD and also filed WS. Now my doubt is what action will be taken by the counsel for MCD? I want to know what reply can they give to the WS? Now, what will bet the courts direction to MCD since i have already made a complaint to them but they never responded.?