Anonymous
19 August 2010 at 10:11
Whether an application by the defendant is maintainable against third party on the issue of non joinder (the plaintiff opposes it on the ground that it is his prerogative to state what suits him in the plaint and this application should not be allowed as it will prejudice his claim).
Kindly comment
Best Regards
Anonymous
Anonymous
19 August 2010 at 10:08
Fellow Experts,
I have recieved one plaint under Order Rule 1 CPC in Hindi (the matter pertains to Indore Madhya Pradesh District Courts)
We are operating from Delhi and have after getting it translated have prepared response in English.
Kindly guide as per Madhya Pradesh High Court Rules is it necessary to submit translated copy of Written Statement or is it other party's responsibility.
Best Regards
Anonymous
Anonymous
19 August 2010 at 10:05
Dear All,
In reply to a plaint at the time of moving an application under Order 7 Rule 11 r/w Section 151 CPC if the circumstances so warrant as the relationship amongst the parties being governed through Agreement containing Arbitration clause is it proper to file Section 8 Arbitration and Conciliation Application simultaneously.
Last but not least should one file written statement in anticipation of eventuality of rejection of Order 7 Rule 11 Application right now.
Please guide the matter pertains to Indore.
Best Regards
Anonymous
Ladhu Ram Chowdhary
19 August 2010 at 09:17
Whether it is essential to specifically claim the relief of possession also in a suit for specific performance where ,plaintiff is not inpossession of the suit property ?
Ladhu Ram Chowdhary
19 August 2010 at 09:13
What shall be the procedure for execution and registration of sale deed in pursuance of decree passed for Specific performance?
SATYANARAYANA K
18 August 2010 at 23:17
House Tax increased Double by the GV Municipal Corporation, now i wanted to pray for Decrease the House Tax
My Query is:
1. I want to send Lawyer Notice to the Municipal Corporation, how may days should be mentioned in the notice to take action
2. Under Which section mentioned in the Lawyer Notice to pray reduce the House Tax "i mean Hyderabad Municipal Act",
3. If you have any format under Hyderabad Mucicipal Act, or any other please send that format
4. If fail by the Authority then i want to file a suit in which court under which section
I am waiting for your valuable replies, all of you thanks in advance
Anonymous
18 August 2010 at 18:09
Dear Sir,
My grandfather has 2 sons and 3 daughters. My father is the elder person died on 1984, my grandmother died in the year 1990. All the property is in her name, after her death my grandfather converted property into his name. In the year 2004, he distributed property to his youngest son and 3 daughters.
After my father expired in 1984, we brought up and education in my mother's home town only. we are 2 brother's(me 28yrs and brother 25 yrs and 1 sister(Married) in 2000.
We discussed and asked him with some elder persons, he didn't accept to give share for me. We put a civil case in the year 2004 for 1/6 equal share(My grandfather, his youngest son, 3 daughter's and 1 share for me).But we don't have any evidence like we are his grandson's/granddaughter.Case is still inprogress....
In 2005, one guy came to my home and told that i beleive you are his grandsons, if u are willing to give me i will buy your share like that he asked me.we are in a critical position in that time for education etc., so accepted he has given some amount. we regisetered(but property is not in my name while we register him) and signed 1 share to him and case converted into him. Now my grandfather is still live,still case is in court.
Question 1. What we did the registration to the third party is a valid or not?
Question 2. How do we get the property for me, we are the reaa heir of this property?
Please let me know your valuable justice.
Thanks in Advance.
Thank you very much Devajyoti Sir & Subramanian Sir.
Is there any other possibilites to get back the property. If so please suggest me?
BHAVESH Y KAYASTHA
18 August 2010 at 18:07
WE HAVE WON THE MATTER IN CITY CIVIL COURT AHMEDABAD FOR TRASSPASS AS PER COURT JUDGEMENT AGAINST OUR TENANT FOR AQUIRING ILLEGAL POSSESSION OF OUR PREMISES. NOW MUST WE HAVE TO FILE CAVIET IN GUJARAT HIGHCOURT FOR PREVENTING OUR TENANT TO PROCEED FURTHER IN GUJARAT HIGH COURT. WITH THIS CAVIET CAN WE STOP OUR TENANT FOR GOING INTO GUJARAT HIGH COURT. EXPLAIN ME THE EXCAT PURPOSE OF CAVIET FILING.
c n vittal rao
18 August 2010 at 17:37
IF sec 52 is hit by sec69 how do you get relief in case of unregistered partnerships? also the Indian partnership act is a direct descendant of the Indian contract act which clearly stipulates that not with standing provisions of law where general principles say of EG "cases of unjust enrichment"the general principle will prevail over stipulations in the act EG providing rations to a minor etc can the law be used to shield oneself from unlawful acts?can it not be argued that sec69 cannot be a shield for committing fraud? if your view is correct the courts will be powerless to remedy fraud also partnerships are fiduciary in nature and fraud deception etc are contrary to the act could you kindly say how you reached your point of view? do you know of any other remedy assuming your are right ?
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Specific Relief Suit
In a Specific Relief Suit consisting of two Government Departments G1 and G2 as defendants.
Releif prayed from G1 is a document.
G1 was set exparte since he did not file Written Statement till one year or more. I need the relief prayed from G1 urgently.
The Suit is in the Stage of Issues. Can I request the Court to direct G1 to provide the relief immediately as it is an important evidence for me in this suit.
Please advise.
Thanks in advance