Anup Hadgaonkar
26 October 2010 at 19:48
'A' executed Agreement to sale in favour of 'B' in the year of 1995. But dueto non compliyencess of document from 'A', 'B' is uable to purches the same. in the year of 2005, 'A' transfer the same to the 'C' back of 'B'. that 'B' comes to know the same trancfer, in 2009, and immedieatly 'B' file the suit for specific performance of contract.
So my Q.1 is, wether the suit is within the limitation.
Q.2 is, when the limitetion period starts and ends?
Q.3 is non compliencess of required document frome the 'A', is the foult of 'B'.
Q.4 is, upto what extent the same agreement will in execution?
Anonymous
26 October 2010 at 19:43
sir,
The facts of the case are that we are residing in a flat and are one of the owners. One Mrs & Mr.V.S.Rao who are co-owners of an flat who are having a duplex apartment wanted to extend their duplex house by extending into the common area and they approached the association of flat owners on 31st january 2010 asking for their permission.
After several delibrations some of the owners objected to it. But they started constructing the illegal and unauthroised structure on 5th Feb 2010. We approached the Ghmc and complained to them about the illegal construction.
The Ghmc issued a notice U/s.452A of HMC act on 9th Feb 2010 to stop further construction. They did not heed to the notice and we gave further complaints to the Ghmc but no further action was taken, as they are close to one of the ministers and the minister has asked the Ghmc not to intervene. The minister also came to our flats and tried to influence some of the owners.
So, some of us approached the Hon'ble High Court of Andhra Pradesh and asked the court to intervene and stop further construction and demolish the constructed portion. The Hon'ble High Court on 5th March issued a stay to stop further construction and asked the official rspondents the GHMC to see to that no further construction is made pending disposal of the writ petition. An wire order was also given to them on the same day.
But, Mrs & Mr.V.S.Rao ignored the order and continued the work and our representations to the Ghmc that there is a violation of the court orders was not attended to.
So, we filed a contempt case against Mrs & Mr.V.S.Rao and the Ghmc.
Meanwhile, Mrs & Mr.V.S.Rao applied for regularisation of the illegaly constructed structure under U/s 455/A of HMC act 1955.
But the Ghmc rejected the proposal as it does no satisfy the rules in force anditimated it to them on 21st May 2010. As Mrs & Mr.V.S.Rao did not comply to removing the illegal structure the Ghmc issued a notice U/S 636 of HMC act 1955 to them on 1st June 2010.
Mrs & Mr.V.S.Rao then approached the Hon'ble Junior civil judge,city civil courts against the GHMC by hiding the facts and obtained a stay order against the demolition. The standing counsel of the Ghmc got it vacated on 2nd July 2010 after submitting the relevant matterial papers.
On 5th July 2010 when the contempt case came for hearing before the Hon'ble High Court of Andhra Pradesh, Mrs & Mr.V.S.Rao denied that they have constructed after the court order but the Ghmc represented by the Asst. City Planner in their counter affadavit submitted that there was a violation of the orders and that they would immediatley get the illegal and unauthroised construction demolished. The Hon'ble judge posted the case for further hearing on 26th July 2010.
Again in the first week of July 2010, Mrs & Mr.V.S.Rao approached the IIIrd Addl. Chief judge, city civil courts seeking a status Quo against the orders of the VIth Junior civil judge who has vacated the stay in favour of the Ghmc. The IIIrd Addl. chief judge issued the staus Quo.
The Ghmc standing counsel are either not concerned or able to get the status quo vacated till date. Everytime it comes for hearing the case is getting posted for another date for reasons best known to the judge.
When we ask our lawyers whom we have engaged to argue in the High Court to move a motion they say that the High Court is not taking up any motions on a contempt case.
When we approached the Zonal Commissioner GHMC, he is advising us to get implicated int he case which is under the IIIrd Addl. chief Judge, city civil courts and also to put a further contempt case against Mrs & Mr.V.S.Rao for seeking relief in the lower court when the matter is pending in the High Court.
Is it no the duty of the standing counsel of the Ghmc to get the status quo vacated. We are perplexed by the attitude of the Ghmc who have given it in writting in the Hon'ble High Court that they would demolish the illegal construction and the subsequent actions of their standing counsel.
Please advice.
thank you
Anonymous
26 October 2010 at 19:22
sir,
The facts of the case are that we are residing in a flat and are one of the owners. One Mrs & Mr.V.S.Rao who are co-owners of an flat who are having a duplex apartment wanted to extend their duplex house by extending into the common area and they approached the association of flat owners on 31st january 2010 asking for their permission.
After several delibrations some of the owners objected to it. But they started constructing the illegal and unauthroised structure on 5th Feb 2010. We approached the Ghmc and complained to them about the illegal construction.
The Ghmc issued a notice U/s.452A of HMC act on 9th Feb 2010 to stop further construction. They did not heed to the notice and we gave further complaints to the Ghmc but no further action was taken, as they are close to one of the ministers and the minister has asked the Ghmc not to intervene. The minister also came to our flats and tried to influence some of the owners.
So, some of us approached the Hon'ble High Court of Andhra Pradesh and asked the court to intervene and stop further construction and demolish the constructed portion. The Hon'ble High Court on 5th March issued a stay to stop further construction and asked the official rspondents the GHMC to see to that no further construction is made pending disposal of the writ petition. An wire order was also given to them on the same day.
But, Mrs & Mr.V.S.Rao ignored the order and continued the work and our representations to the Ghmc that there is a violation of the court orders was not attended to.
So, we filed a contempt case against Mrs & Mr.V.S.Rao and the Ghmc.
Meanwhile, Mrs & Mr.V.S.Rao applied for regularisation of the illegaly constructed structure under U/s 455/A of HMC act 1955.
But the Ghmc rejected the proposal as it does no satisfy the rules in force anditimated it to them on 21st May 2010. As Mrs & Mr.V.S.Rao did not comply to removing the illegal structure the Ghmc issued a notice U/S 636 of HMC act 1955 to them on 1st June 2010.
Mrs & Mr.V.S.Rao then approached the Hon'ble Junior civil judge,city civil courts against the GHMC by hiding the facts and obtained a stay order against the demolition. The standing counsel of the Ghmc got it vacated on 2nd July 2010 after submitting the relevant matterial papers.
On 5th July 2010 when the contempt case came for hearing before the Hon'ble High Court of Andhra Pradesh, Mrs & Mr.V.S.Rao denied that they have constructed after the court order but the Ghmc represented by the Asst. City Planner in their counter affadavit submitted that there was a violation of the orders and that they would immediatley get the illegal and unauthroised construction demolished. The Hon'ble judge posted the case for further hearing on 26th July 2010.
Again in the first week of July 2010, Mrs & Mr.V.S.Rao approached the IIIrd Addl. Chief judge, city civil courts seeking a status Quo against the orders of the VIth Junior civil judge who has vacated the stay in favour of the Ghmc. The IIIrd Addl. chief judge issued the staus Quo.
The Ghmc standing counsel are either not concerned or able to get the status quo vacated till date. Everytime it comes for hearing the case is getting posted for another date for reasons best known to the judge.
When we ask our lawyers whom we have engaged to argue in the High Court to move a motion they say that the High Court is not taking up any motions on a contempt case.
When we approached the Zonal Commissioner GHMC, he is advising us to get implicated int he case which is under the IIIrd Addl. chief Judge, city civil courts and also to put a further contempt case against Mrs & Mr.V.S.Rao for seeking relief in the lower court when the matter is pending in the High Court.
Is it no the duty of the standing counsel of the Ghmc to get the status quo vacated. We are perplexed by the attitude of the Ghmc who have given it in writting in the Hon'ble High Court that they would demolish the illegal construction and the subsequent actions of their standing counsel.
Please advice.
thank you
raghavendra
26 October 2010 at 18:10
sir,
i am residing in house since 50 years but land is in some other person name ,i am paying tax to muncipality for this house ,but nothing mention in the katha about this house , now that land owner sold that house to other , this new owner is also not inturrupting for my residence , now how can i have the titte over the property
shiva
26 October 2010 at 17:03
I had problem with my advocate, so i decided to change advocate and appoint new advocate.
The case about partition suit.
what all the document i can get from my advocate apart form NOC.
Thanks in advance
regards
shiva
Santosh Chettiar
26 October 2010 at 16:14
We have issued section 13(2) notice to the client and client has replied against the same. But we failed to give reply for the client within the prescribed period of 7 days u/s 13(3A). Can we issue,a fresh 13(2) notice. If no, what is the remedy available. Can some relaxation be sougt from DRT.
Anonymous
26 October 2010 at 13:39
a persons date of birth has been mentioned as 29th feb 1985. there is no registration as to his date of birth anywhere in the government record. the abovementioned birth date has been envisaged in the school leaving certificate. it is pertinent to note that the year 1985 was not a leap year and so it must be mentioned 28th february 1985. i just see one recourse as to filing a uit for declaration before the civil judge juniour division. and as to against the whole world and hence making nobody as defendants.
Suchitra. S
26 October 2010 at 12:49
Respected experts, I want to know whether an arbitrator can be made criminally liable. Pl provide me the provision if the answer is 'yes'.
Anonymous
26 October 2010 at 12:38
All Experts
one of my friend 5 days before accident whiling he was going to on office by two wheeler bike suddenly tamilnadu state govt bus was full load passanger follow from him on the road side,at the time footboard passenger unknowingly hit (touched) with my friend he was slip the bike and joint bone fracture suddenly he was unconscious after some time attn the hospital finishing surgery paid around Rs.75,000.00. he did not know which bus number and not register FIR on near police station, he has vehicle insurance and personal insurance also. now he wanted to claim motor vehicle accident act claims its possible to claim MCAVT, what are the procedure there in.
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