Anonymous
19 December 2010 at 18:19
I am defendant in a case of malicious prosecution filed against me.
The case is on the stage of Defendant Evidence.
At this point of time,I filed a reply of my RTI application in the Honorable Court which was received by me only a few days back.The opponent filed a reply opposing maintainability of my submission taking plea that my submissions are late/out of set time frame.
The judge has put the matter for passing an order on the maintainability of my submissions for 19/January/2010.
Now my advocate has suggested to file a written argument opposing the opposition/reply of our Opponent.
My query----can we file at this stage written argument (right now this would be handed over to the court staff only)???
Filing written argument seems very much important to us, is my advocate on the right track or not? He also suggests that we do need to hand over a copy of the written argument to the opponent. Is he right? or should we handover a copy of the written argument to the opponent??
Is there any harm if we do not give a copy of the written argument on this stage???
Pl.help..
Anonymous
19 December 2010 at 16:18
A old woman executes a settlement deed in favour of her son with regerd to 'A' property
Without cancelling the same, she executes a settlement deed in name of her two daughters being the second item in the Deed is the 'A' property.
Now she revokes the settlement deed executed in favour of daughters and again executes a settlement deed in favour of three sons.
What is the factum of the present case and which settlewment deed is valid?
G. ARAVINTHAN
19 December 2010 at 16:09
In a case of Suit for Recovery of Possession of a cultivable landof a cultivable land and mesne profits , Landlord/Plaintiff filed application for appointment of Advocate Commissioner to watch harvest and to deposit amount of harvest in Bank.
Is this possible?
(Citations and suggestions on both sides welcome)
Anonymous
19 December 2010 at 15:05
Facts:
First party and Second party were friends since schooldays. Second party was running X gym in Delhi, which is still function. First party joined the Gym for physical workout. After completing his studies and acquiring enough fitness training first party decided to start his carrier in the fitness industry and joined as a Branch Manager in a leading brand. Latter on he joined as a membership manager in an UK based Gym.
Second party had been insisting First party since long to join his Gym. First party joined on February 2009 in Gym as a General Manager (salary of one ninety thousand per month). The Partner of the Second party is a property dealer and offered First party to purchase of the property which belonged to one of his friends in New Delhi and the market value of the flat was 76.5 Lakhs. First party accepted the offer in accordance on Oct 2009, he paid Rs.4 lakhs as a advance confirmation amount and her mother singed the sales deed agreement and paid a complete black money Rs.26 lakhs with in 2 months addition to rest of amount his mother arrange the bank loan in join account with her son (First party) of Rs 46 Lakhs to complete the deal. However, the deal never happened nor the money was return.
Under the pressure of his family when First party showed his worried about the Rs 26 lakhs black money, Second party proposed First party if you sing cancellation of sale deed on behalf of your mother than he can manage to return advance. To ensure him Second party proposed to converted advance black many into personal loan by signed a personal loan agreement of Rs 26 lakhs for two months with 12 % interest early on May 2010.
Moreover Second party sold one share certificate of upcoming CGHS and received one lakh cash from him. Society share certificate does not having proper stamp & seal mention any date addition to that society registration no..
Apart from this, since Aug 2009 first party’s salary had not cleared till this date and the total pending amount is Rs. 13.5 lakhs.
A salary cheque of amount Rs.65.000/- of dated 10 May 2010 bounced on 14 May 2010, and now second time bounce on dated 15.11.2010 after deposit on date: 14.11.2010.
We are ready to pay for the service
Anonymous
19 December 2010 at 14:43
Sir,
During pendency of Case before CAT,My services has been terminated by employer without serving me the copy of order and under advice of experts , I file the Petition seeking undertaking whether such order has been passed by the employer.The Court(CAT) admitted MY PETITION AND ISSUED NOTICES TO THE RESPONDENT EMPLOYER
I also filed the RTI Application to produce the copy of order and the CPIO is interested in furnishing the copy of order against requisite fee which I have send it
If I got the copy of order whether I file the fresh petition seeking aside the order?
Whether the Hon'ble CAT will not take it against my side as 2 petitions have alaredy been pending before them?
Anonymous
19 December 2010 at 13:42
Learned Experts,
If any incident happened in the past and is relevant, but by mistake it did not get mentioned in the plaint of a civil/Title suit . The documents of that is relevant and related with the title suit, but has not mentioned in the plaint. Now can those documents be submitted /filed in the suit as documentary evidence?
Will this document be marked or not, becoz has not been mentioned in the plaint?
Plz. Guide .
Thanks and great regards.
anant kumar
19 December 2010 at 12:51
in a partion suit of 2007 defendabt no.5 was debarred frm filing w.s due to delay.
later on he filed his w.s on 6.8.08 .
again he filed a petion on 24.11.08 whioch was allowed on 3.12.09 subject to payment of cost of rs 1000 within 10 days.
however on 20.5.10 a petion for exemption of cost of rs 1000 was filed and same was rejected.
thereafter he filed a petion on 27.9.10 for accepting w.s with cost ,but learned sub-judge rejected the same on 20.11.10 and fix the suit fofr evidence.
nw i hav to challenge order dated 20.11.10 before honble high court.
whether civil revision or civil writ is maintainable ? plz refer any judgements in support of mi case
mahesan
19 December 2010 at 11:39
properties allottd to father in the year of 1953 from his ancestral properties, Son and father sold without knowledge of duaghters sold the said properties in the year of 1986, But daughters verified revenue records which was stands in thier names and subsequent purchaser. Duaghter not executed any deed to others.
Daughters are entitled to any share in the said properties? What shares they entitled? Revenue records only infavour of ducgthers. Daughters are entitled to filing suit against the subsequent purchasers?
vikas mishra
19 December 2010 at 11:14
Hi friends there is a decided case law wheren it was stated that if society incurs legal expenses against a member, it should not be charged to his monthly maintenance charges does any body remember the citaton
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