Raghuram
19 June 2018 at 07:24
What are the consequences if the defendants refuse to comply with judgement pronounced and what is the meaning of judgement reserved will the judge pronounce the judgement in next sitting ,our matter posted to 15-8-2018 which happens to be a national holiday please suggest what may happen in the above context
Adv B.B.Gambhir #9814820602
18 June 2018 at 22:17
i moved an application in civil suit for withdraw of suit with liberty to file fresh suit and also suffered the statement in the court. but the court passed the following order
"in view of statement of the plaintiff and application, the suit is hereby dismissed as withdrawn"
then i filed fresh suit on same cause of action. the opposite party raised the objection that the specific order regarding liberty to file fresh suit has not been passed.
whether silence of the court amount to grant of liberty or not. what are your views if negative then what should i do now if positive then cite some law.
Consumer Complainant
18 June 2018 at 21:57
Sir and madam,
My fan wiring burst and that is why I filed case in consumer fora.
My case out of 6 parties, one is fan company owner by name crompton greaves. Another 5 parties are, 1 seller who sold the fan. parties 3, 4 , 5, 6 are KPTCL officers and workers. KPTCL is Karnataka Power transmissoin corporation limted.
Part 1 and 2 appeared but did not file any reply for 90 days.
On 90th day one advocate appeared and told he will file vakalath and objections.
I gave a memo stating that as per NCRDC guidlines and supreme court guidelines only 45 days maximum time limit for opposite party to file reply from date of issue of notice.
Here is HON SC guidelines
"The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act to the opposite party for filing his version or reply and not beyond that. It was held that the view expressed by the three Judge Bench of this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi [(2002) 6 SCC 635] would prevail as the judgment delivered in this case holds the field. .Supre"
President taken the memo. But also told advocate filed vakalath already.
vakalath he was filing on 90th day. but did not file any reply.
In the memo I mentioned it is wrong in law to accept vakalath form on 90th day and should have passed exparte orders.
President told 3,4,5,6 are exparte. 1 and 2 file objections.
Now should I file execution petition for exparte orders issued against OP 3,4,5,6?
Meanwhile yesterday same advocate filed vakalath form on behalf of OP 3,4,5,6. and also filed a applicaotin asking to set aside exparte orders of OP 3.4.5.6.
in his set aside applicatoin OP lawyer says, OP 3,4,5,6 were gone on leave, all notice was in cupboard and now they came to know about notice.
How to tackle this?
Should I give execution applicaiton for exparte orders passed for OP 3,4,5,6?
or file objections to application given for setting aside exparte orders agaisnt OP 3,4,5,6?
Joji
18 June 2018 at 13:40
Who will exccute rectification deed, 1st seller or 2nd seller?
Please give reply.
malaika
17 June 2018 at 21:32
Sir, does this mean that if there is no stay or injunction, but if a court case is on, the other heirs to a joint household property can sell his or her share if her or his name is one amongst the share holders of a registered property although a case is going on in court on the said property?
isnt this contempt of court?
S.Surendra Sharma Sharma
17 June 2018 at 06:06
Sir/sirs To make a long story short: 3/4 of a building was sold surreptitiously by my kin just after the preliminary decree ruling that I have a claim for 1/4 of the share. My kin are absentee claimants. Therfore they sold their 3/4 of the share to a third party for a throwaway price of Rs.12 lakhs - a property that would fetch nearly a crore in 2004! Now the third party claims the 3/4 of the property(building) and asked the lower Court to pass a final decree in his favour as he is the purchaser! Is he entitled to claim as the buyer during this pendency period(final decree)? What doe the law say? Please enlighten me.
Sethu nachiappan
16 June 2018 at 20:23
I defendet2 - my cases - purchase of minor property
A lawyer - step father of respondent
Also step father of ex party defender 1 (also lawyer)
Also husband of witness 3 (yet to hear)
Can this step father lawyer appear for respondent - vakalath filed by some other lawyer
somesh
16 June 2018 at 14:53
Dear Sir,
I have given possession of my property to the bank recently and asked them to close the matter as my properties value (valuation report is with me) is 25% more than the amount i owe to them. But the bank is selling my properties below 50% of the actual market price of the area. the property is kept for auction now.
I want to know whether i can move to consumer court against bank for falsely valuing my property and selling it at distress price.
Any other suggestion to get justice.
malaika
16 June 2018 at 03:26
Society issues:
Sir, I live in a society in Mumbai, without any proof the society keeps asking maintainence related charges. This happens every 8 months, this is apart from what we regularly pay monthly outgoings.
I approached the sub registar who did not even bother to listen to me
About 7 years ago, the society directly doubled the monthly out goings and gave no reason, our building has 9 occupants and is 22 years old ,can I find out how they suddeldly started demanding such high out goings? What steps can I take on the monthly out goings as the registrar has not paid any heed to my query, can I approach the lower or high court in Mumbai.
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Rectification deed issue
Actually, In my matter.
Point -I 1.
I was purchased forming land from my relatives in Year 2000, Recently we found there is Survey number wrong in Sale deed, We approach to register for rectifying the same & he suggested to do rectification deed with seller.
2. Now the seller is not interested to do rectification deed.What should is do now?.
3. Can i register the same land to my brother as a gift deed. After registering to my brother i would be the 2nd seller.
4. I can i do rectification deed now. or else the 1st seller has to come for rectification deed after selling property to my brother.
Please provide your valuable suggestion.