Mangai
20 September 2018 at 23:57
Hi .
Is it possible to sale or transfer a property during execution petition is in progress. It is self earned property and attachment of property is not done... Can we sale that property or any problem arises
Anonymous
20 September 2018 at 21:24
I AM A GOVT SERVANT AND MY MY APPEAL IN HONBLE DELHI HIGH COURT ADMITTED AT ITS OWN TURN. BUT EXECUTION COURT ADJ( DISTRICT) IN EXECUTION ISSUED A WARRANT OF ARREST UNDER ORDER 21 RULE 37 CPC THROUGH SHO CONCERNED, WITHOUT RECEIVING ANY KIND OF NOTICE REGARDING EXECUTION AND BEFORE THIS THE DEDUCTION FROM SALARY WAS DENIED BY THE EMPLOYER AS 2 DECREES ARE ALREADY BEING DEDUCTED
SO WHAT CAN I DO NOW, I MEAN I DONT WANT ARREST.
ACTUALLY ONE OF THE 2 DECREES THAT AE BEING DEDUCTED FROM SALARIES IS HAVING CONSIDERABLY LESS AMOUNT IF THERE IS NO OPTION LEFT THEN WHAT CAN I DO FOR EXAMPLE- PAYING ONE OF THE DECREE AND START SALARY DEDUCTION OF THE NEW ONE
SO WHAT CAN BE DONE THE BEST AS MY APPEAL IS ALREADY ADMITTED IN HON'BLE HIGH COURT.
AND I HAVE ALSO TO FILE OBJECTIONS..... PL SIR
Anonymous
20 September 2018 at 16:38
we are for the unregistered partnership firm , engaged the verious trade in the market we sold the goods on the purchasing order made by customer XYZ, the customer issued a cheque of R s.4 Lacs in the name of our unregistered, firm this cheque was got dishonor, we could not filed the case under section 138 NI Act there after we demand for making all payment but he is evading and move away from making the payment of our out standing amount. Now we want to file a recovery suit u/o 37 CPC. The question is whether we(unregistered) can filed suit for recovery through its partners against said customer/respondent?????
if not what is the next legal remedy available for us??
Raghuram
20 September 2018 at 10:46
Sir/ madam ,from when the limitation period to file an appeal in high court in civil suit will be counted is it from the judgment date or from the date of judgement copy received by the plantiff please reply at the earliest eagerly waiting for reply
vaibhav
18 September 2018 at 15:44
1. property finalized to but
2. owner of property is mentally ill and on regular medication
3, owner not financially capable to file application in court for transfer of rights to his wife
4. his council suggested him to gift property to wife and than sell same to me taking sign and consent from his family members
my query
a. is gift deed done by mentally ill person with consent of his family members valid in eyes of law
b. if not--- any other way out to get this deal done
Arun
17 September 2018 at 14:12
Hi,
I had finalized the deal for a used Verna and paid 35000 token money 3 weeks back to the seller.
We had not entered into any agreement.
Due to some personal reasons, I requested seller to keep the car for 2 more weeks. Now,when I have come to pick up the car, I see that it is significantly damaged and need expense of Rs. 60k-70k. The seller is asking me to pay as he was keeping the car on my request.
WHO SHOULD BE PAYING THE DAMAGE AND CAN I ASK FOR FULL REFUND OF MY 35000??
Member (Account Deleted)
17 September 2018 at 13:06
are there any relevant judgements on, where the plaintiff deposes that he took the photos and got it developed himself and the same is admissible as evidence?
Kumari Cheenu
16 September 2018 at 22:09
I got possession of a shop through Execution Petition but then I came to know that this property was under the possession of a Bank. Bank had used SARFASI ACT.
Now I have informed everything to my Execution Court and have asked some time to study the new situation.
My questions:-
Should I file an application u/s 340(CRPC) because my opponent had concealed material fact from the Court?
Or an application u/s 47 CPC because this section says that all the questions related to an Execution must be resolved in the Execution Court. But I need further clarification that whether my questions fall in the ambit of this section or not?
Or file Damages in this Execution Court or some other Court?
Or 420?
My question are based on my NET surfing but nothing is clear to me. SOS.
pranab majumdar
16 September 2018 at 19:38
A defence pensioner ( psychiatric case) stays separately blaming wife(senior citizen) as characterless refuses maintenance.what to do now?Pl advice.
Regards.
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What is intention behind this?
[On 3-3-2016 we had paid money to fortis hospital Bangalore for the operation of my mother in law for knee replacement.
We had paid 5 lakh rupees on the day of our 1st visit. No tests were conducted and the operation was scheduled at a later date of 4 months. But the operation never took place till date. The hospital made excuse of non availability of doctor etc. as the hospital acted suspiciously we recorded our calls and sessions with counselor and assistant doctor.
Since the hospital never conducted surgery or knee replacement we asked our money back.
But the hospital started new tune stating that they had purchased hardware for surgery and said they will deduct 2 lakh rupees and give back the money.
We were not fine with it. So we filed case in consumer court in person.]
Now.
The OP have filed their version. Affidavit. The OP are 4 parties. 2 counsellors and 2 doctors. What they have mentioned in version is not at all mentioned in their affidavit.
In affidavit the counselors state that the doctors orally gave permission to file affidavit, hence they are filing affidavit and they gave permission to file application under CPC 151 asking court to allow them to file documents.
The Court asked us to file objections. We filed objections as the hospital never told all this or did they give any bill or report for test conducted. The judge dismissed our objectoins prayer and allowed the hospital documents to be marked.
In documents they have given bills of money paid as advance to doctors. Money paid for hardware. Tests conducted. These amount to 3 lakhs.
The doctors affidavit contain cost details of the knee replacement, tests etc. But they themselves never explained any of these to us.
The hospital never conducted any tests on my mother in law nor did give these bills then in 2016. They just gave 2 bills for amount received for knee transplant.
Why they have filed affidavit like this? What is their purpose behind this.
Case posted for written arguments, in written arguments what we should put?