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G.Nagarajeshwar Rao   24 December 2018 at 01:16

Document of opposite party, marking by other party

plaintiff filed a document along with plaint. But failed to get it marked during the trial. The document is crucial for the defendant. Whether the defendant can get it marked? if so, any authority is there? (for marking of document by defendant which produced by plaintiff along with plaint and intentionally omitted to mark it on behalf of the plaintiff)

JAYESH CHOKSI   23 December 2018 at 23:24

Alteration in redevelopment agreement

SIR,
OUR SOCIETY HAS ENTERED INTO REDEVELOPMENT AGREEMENT IN APRIL2015.
THIS ONE IS A REGISTERED DEVELOPMENT AGREEMENT.
WORK HAS NOT BEEN STARTED BY DEVELOPER ON ONE OR OTHER REASON.
NOW HE HAS OFFERED TO START WORK IF FOLLOWING CONDITIONS ARE REMOVED FROM DEVELOPMENT AGREEMENT.
- HE WILL NOT PROVIDE BANK GUARANTEE OF RS 15.30 CRORES AS MENTIONED IN DA BUT HE WILL OFFER A LIEN ON 1ST FLR OF THE NEWLY CONSTRUCTED BLDG.

- HE CAN CHANGE PLAN AS PER HIS CONVENIENCE AND NO PERMISSION FROM SOCIETY NECESSARY.
EARLIER AGREEMENT PROVIDES SOCIETY CONSENT.
SOCIETY HAS AGREED BY EXECUTING SUPPLEMENTARY DEVELOPMENT AGREEMENT BY PASSING RESOLUTION IN A SGBM.
IS THE STAND OF SOCIETY JUSTIFIED AS MEMBERS SAFETY IS OVERLOOKED.
HOW CAN AN INDIVIDUAL MEMBER PROTECT HIS SAFETY.
REGARDS
JAYESH CHOKSI

Sunil   23 December 2018 at 16:01

Court order copy

In police verification to issue fresh passport, police had submitted an adverse report saying you have unresolved case against you. Police asked me to submit the Court Order copy in this regard so that they can process my application for passport verification. Police has only provided me the FIR Number, FIR date and Charge Sheet number, but they have not given me the Case Number which was registered in the court.

This case was registered in 1980 and I also have lost the document related with this case because this case was closed long back with mutual agreement in the Court that time only. In absence of case number, local district lawyer is not able to get the document(Court Order copy) since case number is not known only FIR Number, FIR date, Charge Sheet number and Charge Sheet filling date are known.

Please suggest me how can I get the Court Order copy for this case in this situation.

Update on this !!!!!!!! I have visited to the Police Station and police is saying they don't have records for the case number and court details and final court order with them because this is a very old case which was registered in a different police station that time and after shifting the police station location may be some records got misplaced. So now they are asking me to collect court order with any case number. Basically neither me not police is having the case number details, only
FIR Number, FIR date, Charge Sheet number and Charge Sheet filling date are known.

Is it possible to get the court order copy in this case?

Password@12   22 December 2018 at 16:13

Eviction from family member

Hi all

My mother owns a property in varanasi which has 9 rooms out of which 6 has been given on rent and 1 is given to my mother's brother .
We bought this property in 2003 before that my mother along with her family were staying since birth.The property iam mentioning is not inherited.
The property at that time was worth 4.5 lacs at present its 1.5 cr value and it was paid from my mom's father account by way of demand draft.
Now my mother's brother has filed a case in civil court staking claim in the property as he has stated that at that time my grandfather showed loved towards my mother as she was not earning and had no source of income although my father was working in indian navy at that time.
Please advice if they can actually claim the property basis the reason mentioned above

Rajeev Gupta   20 December 2018 at 13:41

Tenant legal heirs not right as tenant after the decree

A compromise Decree between Landlord and Tenant in the court and tenant want time 1 year for vacate the shop. Then compromise submit in the court and court passed the decree. In compromise tenant confirm he vacate the shop after 1 year. After 9 month tenant die.
1.Tenant legal heirs file a new civil suit and challenge the compromise decree on the ground that compromise was not lawful.
2. File Objection under section 47 in the execution court and execution court reject the objection of tenant legal heirs and passed order for vacate the shop to the ameen. Ameen can not vacate the shop and submit the report in the court that required the police force for vacate the shop. Execution court order to S.P. and ask for 1 days police fee. S.P. Office given detail of Rs. 11000/- for 1 days police fee. After that tenant take a long date 2 month.
3. Tenant legal heirs file revision in District Court which dismissed by the district court.
4. After that Tenant legal heirs said he have no knowledge about the compromise and again file new objection under section 47 and 151 in execution court. Tenant legal heirs want cancel the compromise decree and deemed as tenant in place of original tenant.

My question you to
1. Tenant legal heirs no right to file again raise new objection under section 47 and 151.
2. Tenancy end with compromise decree of the court. Compromise between landlord and original tenant.

Please provide the latest High court Allahbad & Suprme Court rulling for the above question

Thanks
Rajeev Gupta

Ritika Ahuja   20 December 2018 at 11:08

Recovery of dues under section 101 of marharastra societies

There is a joint property in Mumbai held by my grandfather and his brother. The dues on the maintenance and other charges have been due for long and now the society says that they would invoke section 101. What is the procedure for recovery and is there an re-course/remedy for us. The members say it would eventually lead to eviction and auction of the property.

Himesh Kumar   19 December 2018 at 19:19

Rti

Dear Sir s,
Kindly let me know whether private companies like IT training,comes under RTI.
M ASK ING TO apply for an employee details.

Anonymous   19 December 2018 at 07:14

Land under TNHB

Hi I have a land in ambattur bought in 1980 I recently checked for online patta and shocked to see my land was under TNHB locked when I enquired TNHB they said it is not and gave letter that the land is resident plot and suggested to reach CMDA when I reached CMDA they said nothing notified about it.

I checked in patta online found owner name shows Tamil Nadu housing board.

Some of our near land have their own owner land in patta need assistance how to proceed further

Thanks

Anonymous   18 December 2018 at 21:45

Right of divorced wife over husbands property

Hi I got divorced my wife before the supreme courts order of banning of triple talaq in the month of May 2017. The fatwa from bareilly along with notorised translation of the fatwa along with legal notice of divorce with the offer to provide maintenance including place of residence to the divorced wife including offer to provide for the education of the girls was given to her the mehr and iddat money was also deposited in her account however she filed a domestic violence case and crpc 125 case with false allegations since there was no domestic violence there was no fIR the two cases are still going on with the court.
She is residing in my self acquired property with the children I want to move into my house along with my parents and want her to evict the house even though I'm willing to provide for her maintainence and rent wherever she stays.
There's no court order against any allegation made by her I'm domestic violence act. How do I move in to my own property with my parents legally and how do I evict her since she is unwilling to accept anything. Can I use the local police to enter my house or should I get court injunction order to enter my house
Can I legally evict her ?
Please please provide your valuable guidance please

Sameer Talha   18 December 2018 at 11:06

Pagdi building redevelopment not possible due to 1 landlord

Dear Sir,
We live in Malad West & the building comes in Pagdi Systems, from the last 2 Months Landlord have taken the consent letter from all the 48 tenants & Landlord for redevelopment process accept 1 landlord.
Building has been declared not fit to stay & demolition notice has been issued as we have no option to stay until we get the rent.
i want to ask whether 1 landlord not acceptance can hold our redevelopment process.
what are the further procedure to complete the task.