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Anonymous   10 September 2010 at 22:35

or9 rule 4

I was told that there is an apex court judgements regarding that if order 9 rule 4 petition is filed within limitation it can be allowed by dispensing notice to the other side

Chetan   10 September 2010 at 21:20

PArtition

That the father of X is a tenant over a trust property, The TRUST had sold that property to third person without informing the father of X, At present that property is in possession of X, X had other 4 brothers. The third person filed suit for possession and mesne profit against all the brothers

Whether the third person entitled to file suit against all the brother (Father of X died in 2002) ?

What is the liability of other 3 brothers of X who had made parties ?

Whether the 3 brothers demanded their share in that property to X ?

Ramesh   10 September 2010 at 18:56

Loan Taken from Co-operative society

Hi,

My father is running a co-operative society and he had given loan to a person in 1993. The loan amount was Rs 50,000/- at the rate of 19%.
Person did not repay till date and amount has reached 3,50,000/-. In first 11 years we have sent person 3 notices and after that one notice per year.

However the person is now saying that maximum loan payable can be double the amount of loan taken. Please guide what to do in this regard.

Anonymous   10 September 2010 at 18:53

CONDITIONS FOR ADVERSE POSSESSION

DEAR SIR,

WHAT ARE CONDITIONS TO BE MET FOR A PROPERTY TO BE CONSIDERED AS PROPERTY BY ADVERSE POSSESSION IN CASE WHERE TITLE 0F PROPERTY IS CLEAR ?

VINAY KALA

SEP 10,10

R.Ranganathan   10 September 2010 at 17:22

Loss of Cheque

Loss of Cheque from Bank. Cheque not traceable. Issuer of cheque is not issuing a fresh cheque. How far Bank liable to the person who has to get his money. What compensation need be paid under the circumstances - Cheque amount or how much for negligence if any.

R.Ranganathan   10 September 2010 at 17:19

Missing Documents

How far and how much is the Court liable for missing documents from Court. Whether certified copies can control the damage. What amount of compensation is payable under the said circumstances.

Anonymous   10 September 2010 at 15:21

OUR NAME IN 7/12 OF LEASE PROPERTY

WE HAVE PROPERTY IN AHMEDABAD ON LEASE. NOW LEASE IS EXPIRED SO SOME ADVOCATE IS SAYING THAT YOUR NAME CAN BE REGISTERED AGAIN IN 7/12 I.E. IN REVENUE DEPT. AND IN PROPERTY CARD WITHOUT RENEWAL OF LEASE OF PROPERTY BY GUJARAT STATE GOVT. PLESE EXPLAIN ME THIS IN DETAIL HOW IS THIS POSSIBLE WITHOUT RENEWAL OF LEASE

Anonymous   10 September 2010 at 10:56

whether I moved to the CAT or High court ?

I am Govt employee(Class-II)& law graduate in health care organisation working on adhoc capacity for last 12 years.I used to get the extension for the period of 6 months.In year 2001 interview for the regular posts held and I was being placed in the panel as waitlisted candidate But the waiting list was not displayed b y the employer.One appointed candidate has resigned from services but my candidature was not considered by the employer. I came to know about this fact through an RTI Application filed in year 2007 and made my representation to the employer.The employer gave its replied that my case cannot be considered for regular appointment as the resultant post has been floated into the reserved category

I filed the petition in the CAT who has given verdict in my favor with the apex court judgement that Reservation applied to the posts and not to vacancy and it has given differential treatment to the petitioner and directed the employer to regularise the services from date of accural of vacancy with all consequences admissible in law with in the period of 3 months. The judgement was pronounced in Feb 2010
After the period of 3 months, I send the reminder to the employer to kindly implement the order but I didn't received any intimation

Finally I move the contempt petition against the employer for willfully and delibrately non implementation of the order

My adhoc tenure was expired on June 2010 and the employer has not relaesed the salary of July & August 2010 with the contention that I have not applied for adhoc extension
So I filed separate Miscallneous Application in the CAT to give directions to the employer to release my salary with interests

If an employer gets the stay from the high court against the CAT order then CAT will be helpless in providing me the relief

Whether I should have to file another petition(OA) in the CAT with the relief that the matter is pending in the High court and CAT may give directions to employer to provide me the adhoc extension during the pendency of the trial

Or I have to file separate C.M(Miscallneous Petition) in the W.P of the employer to provide me the interim relief?

Dinkar Vidyarthi   10 September 2010 at 10:12

Joint Property

Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks


Regards

Dinkar Vidyarthi   10 September 2010 at 10:02

Joint Property

Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks


Regards