Anonymous
18 April 2018 at 11:24
Is civil suit maintainable for claiming damages for mental depression and agony for abrupt removal from services
Riaz Noor
18 April 2018 at 00:54
I am an 74 year old widow. My husband and son had taken a loan of rs 37 lakhs from sbi to set up a petrol pump. The business could not start up but inspite of all dofficultiez we paid back an amount of rs 57 lakhs to thebank. Since my husband died in 2014 and my son is unemployed we failed to pay to the bank. The bank issued notice under sarfesai act to take possession of my house. We got an stay from high court. We approched the bank for ots. The bank issued an ots letter stating to settle the loan by paying 13 lakhs in 6 months. With my limited resources i could pay 4 lakhs only within 6 months. I requested the bank to give me another 3 months to pay the rest amount of 9 lakhs. But they are refusing me and they say that they have applied for dm permission to take possession of my house. Please advice me
Mayank Arora
17 April 2018 at 22:06
Dear Experts,
What does "Uncontested--DISMISSED FOR NON-PROSECUTION" on the case status website mean?
The judgment says this- "No one is appearing for the DH since the last date. Hence the execution is dismissed for non-prosecution".
What is the difference between dismissed for non-prosecution and default? Does this mean the decree will not be executed anymore? Can the DH get the case reopened later?
KVKSRAO
16 April 2018 at 21:56
My aunty took loan from a person by mortgaging her housing property. She died about 10 years back. Her son came to know of this only when he wanted to sell the property, that the documents are with this lender.
As he could not approach the lender, he approached an advocate for release of the mortgage. Honorable court gave a verdict for payment of the loan amount along with interest (amount & interest specified by the court) by a specified date (20-05-2018).
Now the question is if he pays the full amount as per the verdict of the Court, will he get the Property documents from the lender or he needs to approach the court to obtain the documents? What action he needs to initiate to get the de-mortgaged documents from the lendor.
.Pl. advise.
Consumer Complainant
16 April 2018 at 21:22
Consumer Complaint dismissed - Chance for appeal?
What actually the judge told me was:
If I given orders in favour of you, tomorrow morning 500 complaints will come and fall in my forum. I don’t have time to finish the pending cases. If 500 complaints come and fall in my forum, who has time to read all those complaints? The government should open another 10 forums in Bangalore itself with the existing 6 forums to dispose of student grievances. He then asked if I have any citation. I had one, I gave citation stating student is consumer and revaluation of answer papers come under consumer forum.
This happened in 3 dates. Fourth date my complaint was dismissed. Although I had searched for another citation where it is told that Supreme Court has not completely barred any student from approaching the consumer forum with a grievance.
What he gave in writing is as below:
My consumer forum complaint was dismissed stating that I have challenged the evaluation system of X University and X University College. By going through the reliefs sought for the complainant and the pleadings, this forum finds that this case requires detail trial by recording the evidence of both parties as if it is a regular suit, this forum being empowered with summary trial only, thereby all the questions involved in this case cannot be adjudicated in a summary trial. Hence the complaint is dismissed. The complainant is directed to approach the competent court of law necessary reliefs.
My questions are:
Now can I go for appeal in state consumer forum?
What is competent court of law?
Do I need to pay fees again in state consumer forum?
Do I need to make 3 sets of copies for 3 judges in state consumer forum plus one copy each for each of the opposite parties?
Or a simple letter stating the above would be sufficient in a appeal letter asking the state consumer forum to look into the matter?
Experts please reply.
Harish M
16 April 2018 at 21:14
This suggestion was given by one of the forum members Mr GLN Prasad.
Can I file RTI application like this?
Subject matter on information sought:
It was informed through written statement by College authorities in Consumer complaint No..... (Please reproduce verbatim all the CA statements made by them)
Information solicited:
1.Please provide documents / data -the basis on which above statements are made in a consumer forum against the applicant.
2.Please provide the name of the concerned employee that drafted or agreed for the draft .
3.Please provide relevance of those personal allegations in Consumer complaint which was filed on deficiency of services as written statements gives wrong signals that Colelge need not provide services, if there are some other false allegations against the consumer.
4.Please provide certified copies of those remarks / office notes showing action taken on those complaints / allegations by college authorities till now.
My problem here: Read more at:
http://www.lawyersclubindia.com/forum/Character-assasination-in-consumer-court-reply-176307.asp
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=829997
Dalip ahuja
16 April 2018 at 20:29
Sir,
Civil suit is pending in court, court orders to maintain status quo,But respondents dispossessed us from suit property.
We file contemp petition under 39(2) which is pending.
Now We file application under 151 cpc for restoration of possession with the main suit,while argument on our application under 151 cpc court prefer to argument on our pending civil suit.
My question is which case should be argue first application under 151 cpc Or civil suit.
Is there Any judgement delivered by upper court.
Help me
mabusubhani
16 April 2018 at 18:03
In OS (written statement not file) Ex party Decree passed.After that defendants file I A (file petition to Set aside judgement after six months from judgement date ,and also file condolane petition), I A also dismissed due to do not show sufficient reasons .They do not show day by day dealy reasons. on which grounds they file CRP if its possible CRP Can allow.
joy
16 April 2018 at 17:26
Hi Lawyer,
We have had a family property dispute on boundary of the single private road which enters our home and we have got a temporary injunction before 4 months asking the opposition not to enter the disputed place. After various arguments in court, the opposition was able to remove / discharge the injunction. We wish to go for appeal now.
My worry is that, will the opposition will be able to put any survey stone in midst of our appeal in the court? even if the court grants another stay.. what about the changes the opposition will do in the mean time? will the changes be counted as existing or will it be recorded new?
Please advise.
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Title
Dear experts
A person is having a land of 9 acres flown from her husband who got the same on the basis of a will.later he transferred the same in favour of his wife and she is having a clear title and possession.
Her husband uncle filed a case regarding the same on her husband for partition which is pending before the court.but there is no stay.
Now she wants to dispose the land as she wants to shift from the place and given a public notice through a lawer for which uncle of her husband given a notice saying that it is not for sale.
The partition suit pending from 2013 coming for trail and he did not filed chief affidavit as a plaintiff.
The will is not questioned by any one up to six years after it's execution.
Kindly advice on this my dear experts whether the land can be disposed or not in view of her.
Thanq in advance..