Anonymous
29 October 2010 at 23:06
what's the time to appeal in high court after loosing a case in karkardooma.I also lost my appeal in karkardooma court.
It's a case of shop tenant and landlord.Till what time duration I can appeal in high court.
plz give your views.
Anonymous
29 October 2010 at 22:19
Dear Sir,
I have been directed to appear before the principal registrar court of CAT on 01/11/2010 vide by High Court order which has restored the main application for reconsideration
But in the cause list of 01/11/2010 there is no listing of case before the aforesaid court
Kindly inform whether I should appear before the court with High Court order?
or Is there any separate application, I need to file in the registry that the case has not been listed despite of the CAT order?
Regards
Anonymous
29 October 2010 at 20:03
hello sir i have mailed u an query waiting for ur reply pls reply soon as society is pressurising for repair to be done .
Anonymous
29 October 2010 at 17:37
Background : Ours is a Hindu-Brahmin family from a village in Bihar. My father are two brothers and 2 sister. My father is educated and retired now while my Uncle is not so educated and is working at a lower level. My father and Uncle are the second and 3rd child of my grandfather. The other 2 child of my grandfather being daughter who are married and living happily.
1969 : My father got married. My “nanaji” gave lot of goods, furnitures, ornaments and “asharfee” (golden coins) etc. to my mother in “bidai” while sending my mother to her in-laws as per the social obligations and expectations.
1971 : My fathers younger sister got married. As per the expectations of the groom’s family we had to provide enough “consideration” while sending her off to her in-laws. All the goods, furnitures, ornaments of my mother were transferred to meet the expectations with my grandfather promising to compensate with land etc. as appropriate.
1973 : I was born in village. My mother had to struggle for my upbringing and didn’t had any means to support as my father used to send money to my Uncle and grandfather under the impression that everything is taken care of. There were loans , mortgages which he needed to foreclose as a result of the unreasonable family spend and the marriages of my “bua”. My mom didn’t speak of anything in the interest of the family and she was made to keep quiet.
1974 : A fresh demand was made by the grooms family and my Uncle sent the “asharfee” (golden coins) to my “bua” and my grandfather promising yet again a piece of land. My mother had to let it go in the interest of the family. She was left with only an almirah by now. My father had to give up his wedding watch too.
Late 1970 : My Uncle got married. My father got my Uncle employed in his own firm.
During this period my father bought a land where he contributed almost Rs. 25,000 and my Uncle contributed Rs.2,500. The land was bought in the name of grandfather as a respect.
Early 1980 : My father started constructing a new house ( 2room, small house) as per his capacity as the ancestral house was getting old. All cost of construction was born by my Father. Our family were living away from village by now and I had started my schooling, with my father started working for a reputed company and the life were moving on a right track.
1981: My brother was born.
1982 : My father asked my Uncle to send his small son to him for getting him educated which remained a nuisance for us and finally we had to send him back after a year of trial. My Uncles’ family said something was fishy and all sorts of abuses and misunderstandings started. We never recovered our courage to propose anything else with such an outburst. By this time I started doing well in my studies with good results and being in top 3 in the classes I studied.
In the meanwhile my Uncles’ family shifted in the new house made by my father without even having a courtesy of informing us and even without performing the “griha pravesh pooja”.
1990 – 2000 : I kept on concentrating on my studies and completed my higher studies and started job in late 90’s.
2000 : My father was getting retired in another 18 months and shared the thought to build basic amenities like water/toilet etc. in the constructed house.
2000-2002 : The repeated thoughts were never acknowledged properly and my Uncle didn’t allow to build anything. Finally my father had to buy a flat in Patna with his hard earned money to live his life post retirement.
All along the discussion went on an the delaying tactics of my Uncle went on.
2002 : My Uncles daughter got married and he sold off a ancestral land to meet the marriage expenses without even asking for our thoughts, ideas and decision on it. However, he promised to provide an equivalent land from his share of the ancestral property.
2003 : I was to be married in the village and for that the basic infrastructure needed to be created. Uncle refused to pay heed to it and said “Nothing Doing” he was not ready to contribute anything. Anyways I got married to our utter inconvenience and embarrassment and hardly spent a day post my marriage in the house.
2005 : My son was born.
2006 : My grandfather died at the age of 107 years. He had a very horrible time in the hands of my Uncles family. The treatment of my Uncles’ family to him was shocking and he used to hurl abuses, physically dump and thrash him. God showered mercy and called him in his custody. I was very close to him and still regret to his sufferings now.
2007 ; I wanted to get the “mundan” of my son and due to such stand, had to get it done at Patna.
2007 – 2010 : all these years we have trying to persuade my Uncle and his son to talk ona honourable separation which has been falling in deaf ears.
We feel its an intent of theirs to consistently keeping us through the inconveniences of life so that we give up and leave all property. My father is elder to him but he has been abusing him like anything now and my father being soft spoken had to give him a befitting reply;
2010 ; I started forcing my presence now and putting up the discussion directly with my Uncle. He reverted saying I am not qualified to do so as long as my father is alive. I did keep my calm and honoured his existence which I will continue to do so.
In mid of the year we caught hold of Uncle and gave him options to choose from to have a honourable separation as we wanted to build a house of our own and plan life forward. He bought time on the pretext of discussing with his son etc. even I have been discussing this with his son to avoid any inconveneinces and in the interest of the family at large.
My Uncle committed to one of the option and and we went ahead . We planned the “griha aarambh” pooja but exactly 12 housr before the ceremony he again threw tantrum that how can you do this till the land has been separated and shared. We went ahead and did that and had a strong argument.
Yet again we have been discussing whats the issue, why they change in stance etc. ….without any change in their stand.
We feel it’s a clear intent of their to keep us from the rights of the ancestral property without acknowledging the past obligations to us so that he has an easy and comfortable right to the whole property.
We would like to seek your advise to the below:
1. Can my mother claim the equivalent ancestral property in exchange of the “asharfee” and other utensils/goods etc. given as “consideration” to my “bua” (fathers sister) taken by grandfather. (The witness to the incident being my “Bua” who is the beneficiary)
2. Can my father claim from my Uncle, the land in exchange of the land he sold for the marriage of his daughter and as per his promise was supposed to be given to us.
3. Can my father claim the right to the land (complete/part thereof as per the contribution made) purchased by him but in the name of grandfather. It’s the same land where we had performed “griha aarambh” and would like to build our new house?
4. Can we force a notice to the parties holding share in the land on our intent to take our share from it?
Your advise would be appreciated to get out of this mess.
emveeemvee
29 October 2010 at 13:49
Dear Sirs
“A “ and “B” had a bank a loan in the year 2004 for that “B” security was given to ” A” ,because “B” Does not have any in come proof so “ A” availed the loan from the bank as third party security “CC “ Account loan in “A” Industry name from this loan both “ A “ and “ B “ Shared the amount 50% each with an internal Written agreement of paying the Principle and the Interest ,from the beginning “B” did not pay any interest ,but “A “ was paying his portion and also for “B” to the bank . at one stage “ A” was not able to pay the dues to the bank , due to his Business loss .For that the bank mentioned :”A “ account as NPA account and filed a case in DRT Court and went for further proceedings .Now “ B “ launched a complaint in police that “A “ has to pay All interests and his principle .And also misusing “A“s cheque given in the yr - 2004 with 138 proceedings by warrant with the help of the police “ B “ is threatening “A “ to pay the entire amount Immediately .
1 . How can “A “ pay the entire amount to “ B “ ?
2 . Can the police threaten while the case is going on DRT ?
3. With the help of internal agreement can “ A “ collect the interest from “ B” which was not paid from the beginning ?
4 . did the police has rights to force “ A “ to pay the amount to “ B” while the case is going with DRT ?
WHAT ARE THE DEFENCIVE PROCEDURES SHOULD “A ‘ HAS TO TAKE ? FROM BOTH “ B “ AND POLICE ?? AND FUTURE ?
KINDLY SUGGEST !!
Anonymous
29 October 2010 at 12:02
Dear Sirs,
Two of us as co-sharers in a property under court receiver had signed an MOU with the builder. He made a false claim in the MOU, of owning a gift deed in the property from another co-sharer who has expired. He also made us submit an affidavit in the court that we do not have any objection to his gift deed. The property is under the court receiver till date. However, we have now come to know that his gift deed is not valid on certain grounds. We now want to terminate this MOU. We also wish to return his token money with interest.How can we terminate this MOU.
pratik
29 October 2010 at 11:48
1)In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.
2) Difference between pre-emption suit & administration suit & Summary suit. Pls with the example(S).
CPC.
3) 15. Decree in suit for dissolution of partnership
Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.
Query : 1) What do u mean by preliminary decree how much is it imp for this section & in other laws also.If not obeyed than we can file a execution petition or contemp petition under the same court or appllete court.
2) Meaning Of Hostile .
3)Which section speaks about the Rejoinder Affidavit its meaning , advanatges & disadvanatges , how can apply, why to apply , where to apply, If required or ordered by a court & not filed than what will be the peanlty etc., Rejoinder Affidavit can be taken as a evidence in any court in india as per which section as above points of rejoinder because it has not defined the Indian Evidence Act. Also how it is different from the simple affidavit beause oath act also does not define Rejoinder Affidavit or any such types(S) of affidavit. Pls explain me the conept of Rejoinder Affidavit in detail pls if possible with the help of a example(S).
4) What do u mean by Rejoinder Affidavit Suit & also difference between RCR & Rejoinder Affidavit.
Thanks In Advance.
GOD Bless U All.
emveeemvee
29 October 2010 at 02:28
Dear Sirs
“A “ and “B” had a bank a loan in the year 2004 for that “B” security was given to ” A” ,because “B” Does not have any in come proof so “ A” availed the loan from the bank as third party security “CC “ Account loan from this loan both “ A “ and “ B “ Shared the amount 50% each with an internal agreement of paying the Principle and the Interest ,from the beginning “B” did not pay any interest ,but “A “ was paying his portion and also for “B” to the bank . at one stage “ A” was not able to pay the dues to the bank , due to his Business loss .For that the bank mentioned :”A “ account as NPA account and filed a case in DRT Court and went for further proceedings .Now “ B “ launched a complaint in police that “A “ has to pay All interests and his principle .And also misusing “A“s cheque given in the yr - 2004 with 138 proceedings by warrant with the help of the police “ B “ is threatening “A “ to pay the entire amount Immediately .
1 . How can “A “ pay the entire amount to “ B “ ?
2 . Can the police threaten while the case is going on DRT ?
3. With the help of internal agreement can “ A “ collect the interest from “ B” which was not paid from the beginning ?
4 . did the police has rights to force “ A “ to pay the amount to “ B” while the case is going with DRT ?
WHAT ARE THE DEFENCIVE PROCEDURES SHOULD “A ‘ HAS TO TAKE ? FROM BOTH “ B “ AND POLICE ?? AND FUTURE ?
KINDLY SUGGEST !!
Arvind Singh Chauhan
28 October 2010 at 21:39
"A" gives notarized GPA to "B" for litigation in 2007. Later "A" gives registered GPA to "C" for the same purpose in 2008, but did not cancel earlier GPA. Later "B" file a suit on behalf of "A" against "C". Now "A" is with "C".
What must be the result of the suit filed by "B" against "C". Whether "b" can take advantage of non revocation of earlier GPA. There are property disputes.
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missing person more than 7 year
hi, my question is in brief Mr. A who was working in Postal & telegraph department and he been missed since July, 2002, in this regard FIR has been lodged and police has been filled untraceable report in 2004. now the LRs of missing person want to take fund & gratuity etc. now what to do to take these funds from the office of postal & telegraph department. whether first i file a suit for declaration of civil dead the said person or file indian succession act .
please help me with law and judgement.
thanks
raj kr. solanki advocate