Anonymous
08 January 2011 at 15:12
Respected experts,
A civil suit for removal of encroachment has been filed; the court fee is too much. It is a very costly affair. I want to know whether in such cases if encroachment found then,
Will the plaintiff get the cost of the suit? (It is prayed.)
What is the criteria on which cost of the suit get awarded?
Can a suit of compensation be filed for compensation against the inconvenience/suffering caused and harassment/nuisance by the defendants?
Please suggest.
With regds and a very happy and prosperous new year – 2011 to all.
phaneendra
08 January 2011 at 12:15
If Mr 'A' belongs To (OC) caste and married 'B' belongs to some (BC) caste then what will be the caste of 'B' after her marriage... ? Is the caste changes to OC or remains as BC and can she is eligible to claim reservation as BC and what will be the caste of children begotten of such marriage.......? Is there any discretion of parents to confer a particular caste to their children .....?
Anonymous
08 January 2011 at 01:58
Hi..
My query is related to property litigation case…
The property (Agricultural Lands) belongs to my mother. She left the house in the year 2000 without informing anybody. We searched her all around but could not find her. But we gave a paper advertisement of her missing in the year 2005 and police complaint in the year 2007.In the police complaint I mentioned that she is missing form 2000. The FIR was given on April 2007.
By brother refused to give me share of my mother’s property. After waiting for 7 long years I filed a petition in the District court for the partition of the property which was totally in the possession of my brother. He with a bad intention not to give my share of property responded back saying my mother is very much alive and she was with him up to 2006 and left the house only in the year 2006 informing that she is going to some pilgrimage places and asking him not to search for her. Also he stated that my mother has written a WILL for the entire property in name of her grandson (my brother’s only son) in the year 1996. We made his son a third party and asked him to produce the WILL in the court. He said that since her grandmother is alive he will produce the WILL only on confirmation of her death stating there is no point of producing the WILL when she is alive and that the WILL cannot be executed until she is alive.
But all these are absolute false allegations. The actual facts are she left house in the year 2000 from then on her whereabouts are not known. And there was no WILL at all on anyone’s name.
The mistake I did was not reporting her missing on time i.e. in 2000. Instead I gave a complaint in April 2007 stating of her missing from the year 2000. But FIR was given on April 2007. I have not given complaint in 2000 since my brother told that he has given complaint to the police in 2000 which I came to know is a lie.
Under these circumstances,
 What way should I need to proceed to prove my mother’s death presumption under section 108 of evidence act and get my property share since my brother is always trying to prove that she is alive by relying on section 107 just to dodge the proceeding so that I can drop off for claiming my property share which is under his possession.
 Since she is missing and the presumption of death is yet to prove, will the property be under his possession until death presumption of my mother is proved. Is there any legal way to take over the possession of the property from him until the facts are proved. Can I also plead the court to provide enjoyment rights to half of my mother’s property .
 Should I need to wait up to 2014 to ask for partition of my share of property since I gave police complaint in 2007.
 If my brother keeps saying that my mother is alive and she is visiting his house rarely even after 2006 or after that. If he is producing some oral (relatives/friends favour to him) evidences by making them say that they have seen my mother even after 2006 just to have sec 107 in his favour. Under these situations what should I do to establish presumption of death of my mother who is really missing.
Please guide/help me in this matter. Please also help me with some citations related/favouring to my case.
Thanks a lot in advance for your precious time.
Anonymous
08 January 2011 at 01:09
Today only I was served (though improperly) a show cause notice by MCD. Here is my reply to that notice.Please comment what can be the result.
Respected Sir/ Madam,
A show cause notice from your side has been thrown in front of my house on 07/01/2011.Though I have given a reply of this notice on 07/01/11 but as I could not get sufficient time to prepare this notice so a few vital points remained unmentioned. Hence this second reply is being given. I strongly oppose the contents of your notice hereby. And I am giving here below the causes one by one, describing why the construction alleged as unauthorized should never be demolished by you.
1. Your first allegation that there is some construction going on right now, is quite baseless because right now there is no construction going on in this flat.Whatsoever construction has been done that was done approximately more than ten years back.
2. And that construction was never unauthorised, rather it was authorised by the officials of all the responsible Authorities (like Delhi Police, Delhi Development Authority etc.) at that time. Otherwise how can a construction be done and sustain for more than 10 long years, after all it was not a needle, which could not be noticed by the Police Officials or the DDA Officers or any other Government Officers. Hence no question arises of demolishing the construction in question.
3. And this was not the single construction done in this colony but almost every flat of this colony was constructed like this. In fact, there was an oral assurance given by the Government Officials at the time of construction that a certain amount would be taken from people like me and we would be given in written that our constructions are authorised ones. I was always ready to pay that amount and I am yet ready to pay that amount to get that authorisation letter from your side. But instead of giving me that authorisation letter, you have thrown this show cause notice in front of my house, which is quite an illogical move.
{Continued till page 3 --every page signed by the respondent}
4. I hereby request to you very humbly to give me an authorisation letter for this construction which is not unauthorised because there can never remain a construction (and similar other 100's of constructions) in the existence for decades without authorisation of responsible authorities like you. I am ready to pay the reasonable charges for getting that authorisation letter so that in future there may not arise such an issue.
If you feel that my contentions are not satisfactory, I hereby ask you to show me the cause of following issues raised by me here below---
1. This show cause notice from your side has been thrown in front of my house on 07/01/2011.This notice was dated 04/01/2011 and a time of only three days was given to reply this letter, which had been already past. This was a clear cut cleverness from your side to cut my legal rights to reply your notice. Please reply why this illegal move was taken from your side?
2. Further there was an instruction to appear before you, but there was no address in this letter which specified where to appear in front of you.This was another cleverness from your side to cut my legal rights to reply you. It seems to me that you took this move knowingly so that I might waste time in finding out your office and may not respond to you in time. Or you please reply that why this second illegal move was taken from your side ?
3. How can you declare the constructions in a colony as unauthorised which were built during a time period of 10/15 years?
If these constructions were unauthorised then how these, more than 300 constructions came into existence?
Were these construction some thing invisible to you or other Govt. Officials responsible for checking unauthorised constructions ? Please reply.
4. And how can you choose one or two constructions out of these so many constructions of this locality to demolish and how can you choose this locality of
{Continued till page 3 --every page signed by the respondent}
Paschim Vihar, New Delhi only to demolish while there are numerous other constructions built in other colonies of Paschim Vihar, New Delhi only? Please reply.
Please furnish me a copy of that certain law which gives you permission to choose and target some particular constructions and declare them as unauthorised and leave others, in a single locality.
5. If our constructions were unauthorised, then it was the duty of the concerned authorities like MCD to check people like me from building these constructions but these authorities failed in doing so. The Officials of these authorities never raised any objections while these constructions were going on. Now after the passage of decades, you are suddenly declaring our constructions as unauthorised and threatening us to demolish these constructions. Please reply, what legal rights you have to demolish these constructions which could never come into existence without the consent of concerned authorities like MCD? These were buildings, not ants which could not be noticed by the Officials of concerned authorities like MCD. And these were hundreds in numbers, not one or two constructions, which could not be noticed by the Officials of the concerned authorities like MCD. Please reply that, who else, except concerned authorities like MCD, are responsible for the existence of these constructions and if these are demolished, who else, except the concerned authorities like MCD, should compensate people like me?
Please note that by all these above reasoning, I do not mean to offend you at all, but I only mean to show you the causes, as asked by you, that why the construction declared by you as unauthorised, should not be demolished,.
R. K. Prajapati
08 January 2011 at 00:25
dear, a firm can make recreation club. all formalties and proceedure is available at internet. u may easily search.
rajnath desai
07 January 2011 at 22:54
What is the limitation period for application for grant of a certificate from high court for special leave to supreme court?
Mahesh Babu (HR)
07 January 2011 at 17:38
My grandfather had leased our agricultural land to a person about 40 to 45 years back. Later after my grandfathers demise the Pata book was issued on my father’s name with the tenant name also mentioned as tenant of that land. The original tenant is no more and his children are now holding the land as tenants. The very purpose the land was given for tenancy was for agriculture. But now the land is being used for commercial activity such as brick making. Now when we try to sell this property the tenant is quoting Tenant rights and not vacating the land. Is there any law that can help us recover the land from the tenants.
Thanks
Mahesh Babu
Anonymous
07 January 2011 at 17:32
hi..
I am the defendant in a recovery suit..the suit was firstly dismissed for non procecution and then the plaintiff got it restored.
The suit again got dismissed in default for non appearance of the counsel.
now the plaintiff has again filed an application under O 9 R 9 for restoration of suit as the counsel has pleaded wrong noting of date in his diary..
The trial has not yet started in the suit and only written statement has been filed.
Are there any judgements that say the suit should not be restored if it has been dismissed in default twice.
Anonymous
07 January 2011 at 15:52
I have shops in Pattukkottai town lies in Thanjavur District in the State of Tamil Nadu, I have rented to tenant 4 years back with 12 months agreement, the agreement not renewed after that, I have empty land back side of shop and my brother wants start business, so I ask tenant to vacate one moth back, initially he agreed and end of moth he send me court notice, he can't vacate due some reason he put.
How can I vacate him, what is my wrights.
Pls advise me.
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Determination of the age of ink
Dear friends
kindly look into this judgement reported in 2010.1.CTC.424.
which has taken a view that the age of the ink cannot be determained, since the facility is not available. kindly inform the legal members about this issue, since it is imporatant topic which requires considertion.
sundaravadhanan
advocate
chennai