V.V.RAMDAS
22 May 2010 at 23:41
Der friends,
Let me know the procedure when the Private Finance company seized and auctioned the financed vehilce and given notice to the borrower stating therein that rest of the loan amount has to be paid within 7 days of receipt of the notice failing which an arbitration proceeding will be initiated by a retired High court Judge at Visakhapatnam (A.P) where the company office situates.But borrower ordinarily resides at Bhubaneswar in orissa and all the papers were executed and trasaction was made at Bhubaneswar .Legal Advocate Notice issued against the party and to his gurantor. No immovable property has been given on mortgage.No reply given to the notice .But some Blank cheques with sigantre were given to the company at the time of transaction. In the circumstances what proble legal stemps the comany may take and what would be the legal remedies for the Lonee/borrower.
Anonymous
22 May 2010 at 15:01
can anybody tell me , who can become a witness while registering a document , is he or she needs to know all the details of the documents or he is the witness that the registration process was done properly and and all the relevant parties were present at the time of registration . can any beneficiary or his indirect benificiary can become a witness.
Anonymous
22 May 2010 at 14:50
A release deed was executed by my fathers sister in my fathers favour while a case for her share in parental property was filed by her was pending in civil court she wanted to withdraw case but her son took power of attorney from her and contesting case on her behalf,she was ill , and was o death bed, but at that time without anyones knowledge she registered a release deed in her brothers favour by calling sub regisrar at her home for registration of deed by writeing an application signed and thumb impression by her, now after her death that release deed was send to my father by some of her confidential (name was not given)as per her wishes,through registered post.
now, on enquirey by court it was found that the xerx copy of the registered deed kept by the registration authorities had original signature and thumb impression the only doubt is the thumb impression which was not clear in the register of the registration authorities but the witness were also haveing its impression not clear because of excess ink ,rest of the document were all had very much correct signatures or thumb impressions , since we are the beneficiary if any doubt will be raised we will be held responsible what should we do? witness are supporting us and admit it was done correctly, what can be done kindly , suggest.....!
suhas digambar kharadkar
22 May 2010 at 10:37
We have filed a regular civil suit against our relatives for a share in our ancestral property. The suit is in District Court before the sr division court . The court has given a status quo order.The hearing /proceedings is going on . In the meantime One of the defendents in the case is a builder, Now he has filed a suit of compensation of Rs 60 crore against against us stating that since the status quo is given by court his development activity or construction activity is stopped, and he is incurring heavy losses . he has also applied to court for attachment of our property before judgement .
Pl let me know if we are the parties in one case as appellant and he is defendent , the case is related to the same property whether a suit for compensation or any other suit can be filed . To my knowledge U/s 10 of Civil Procedure Code another case can not be filed if the parties are same and property is same
Kindly let me know what are the remedies , is it required to apply to district court or high court
Let me make it clear that we have not entered into
any agreement with builder. the suit filed is on the relatives for share in ancestral property , where the builder having entered into development agreement with the relatives is one of the defendents. Since the court has given status quo to our relatives the builder can not develop or construct hence he has filed a suit against us for compensation.
Kindly advise on the subject, since the matter is urgent and serious. Under which provision we an prohibit the builder to file such type of suit, or under whcich proviso how we can say that the suit of compensation is null and void
P.ESAKKIMUTHU
21 May 2010 at 20:31
nearly 30 cents of patta land of a private party is enjoyed by a villagers of dalit community as burial ground for more than 40 years.There is no record to this effect,of course.Now the private party claimed the burial ground as his land and got it fenced and filed a civil suit to restrain entry of dalit villagers.The civil court did not grant ant stay so far.what is the legal position? whether the dalit villagers can claim the burial ground as a right of enjoyment.pl.give rulings if any in support thereof.What is to be done for claiming the burial ground for the dalit villagers.Of course, the dalit villagers are staging struggles urging the Collector to acquire the land for burial ground
P.ESAKKIMUTHU
21 May 2010 at 20:19
Is there provision in the act to sell the panchamer lands after 25 years
prashant pawar
21 May 2010 at 19:41
respected sir,
my grandfather and my father with his one elder brother and four younger brothers in which three were minor at the time of partition of huf properties, everybody got there share. now all of uncles want a share in my property which my father has left for me. my uncles have filed a case against me on the grounds of huf partition.
they have got lease pendency on 7/12,
what should i do? plz guide
thank u.
pratik
21 May 2010 at 18:29
What do u mean by non-testamentary instruments & testamentary instruments ?
Under which section it has the list of the documents are called as non-testamentary instruments & testamentary instruments. Which one is more useful & beneficial to the parties in any circumstances.
any case laws that in any appeal to any court or tribunal or arb ? The non-testamentary instruments & testamentary instruments are only to be use or if not used than penalty will be applicable.
Thanking u all experts in advance.
Anonymous
21 May 2010 at 12:05
Respected sir,
Corruption in my town in land & revenue dept is in peak. In a frivolous demarcation case, when I refused to pay anything order passed against me, which contains so many procedural and technical mistakes rather some are blunder and everything is ante-dated, manipulated. Now as advised by this forum I filed appeal to the appellate authority within time. The appellate authority was not admitting the appeal, but after some argument it got admitted. Now here also they (officer) are demanding huge bribe directly. I have filed all the true copy of the documents of lower court. Now If I refuse to pay they may throw it away, I will be left with no paper. Next appellate authority has the same story. I am already disturbed a lot also going thro’ financial constraint, since I am an unemployed person. My father too is retired depends on pension. We have so many liabilities. Whole state of Jharkhand is neck deep in corruption. I cannot rely on state vigilance and state CBI. If I approach them and got back stabbed by them, then I will land up in a big trouble. And if my property and my life can eradicate corruption then it will be a big thing. Everyone is suffering, paying, and crying but no one’s complaining. Some of my well wisher lawyers say that never go against the tide. Civil suit will solve my problem but what is the remedy of this type of corruption? Who will bell the cat? Shall I write/approach CJ of HC or SC in this regard? Do we have right to live with dignity and self respect or not? Will they keep on sucking our blood like this?
Plz. Suggest. Thanks to all.
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Life of an Interlocutory Application
In a suit for RCR before a family court, an IA has been presented for child custody, and the same is pending. If the RCR petition is not pressed, will the IA for child custody survive?