mabusubhani
15 April 2018 at 16:58
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.
Mumtaz Moosa
15 April 2018 at 00:12
High Court of Karnataka
Daily Orders of theu Case Number: WP XXXX/2018
Honble Justice G.NARENDAR
XX/XX/2018
Order in WP XXXX/2018
It is contended that 4th petitioner-4th defendant was set ex-parte and that thereafter on an application, the order placing 4th defendant ex-parte came to be set aside and 4th defendant was permitted to file his written statement and a cost of Rs.7,000/- was imposed. That on the next date of hearing, the 4th defendant filed in the Court the written statement.
The Court after detailed examination concluded that no additional issues arise.
He would contend and would invite the attention of the Court to the written statement, wherein it is specifically contended that no landlord-tenant relationship exists. It is also contended that the suit is not maintainable as against the first defendant which is an unregistered firm.Hence, he would pray for an interim order.
Learned counsel for the petitioner submit that,the petitioner has raised several contentious issues and the order impugned is vitiated on account of said order.
Interim stay of further proceedings as prayed for till the next date of hearing.
QUESTION
So can not an individual file a suit for recovery of possession from an unregistered FIRM under the transfer of property act?
Matter pending at High Court of Karnataka
vijayj4.2012
14 April 2018 at 22:09
Respected Sir/Madam,
We are on defendant side. Plaintiff has filed partition suit. For the suit defendant filed counterclaim against suit. After 1 year of counterclaim defendant did amendment in counterclaim under O. 6. R. 17. After hearing both the parties and plaintiff ws of objection and after both the parties argument honr. judge asked plaintiff for any additional say they want. The plaintiff submitted evidence close pursis. The honr. judge passes the order to allow the amendment of defendant. After submitting the counterclaim with allowed amendment, On next hearing date means after 45 days of judgement order, plaintiff is filed rejoinder with additional say to object the current amendment and claiming the counterclaim amendment need to reject because it is barred by limitation.Defendant confuse that how they can file rejoinder once order is already passed for allowing the counterclaim by honr court,
Q. What is the next procedure that we can object there rejoinder?
Q. Can plaintiff way to file rejoinder is right/allowable act after judgement order passed on counterclaim amendment?
Q. Is plaintiff need to file replication or rejoinder, because I know that defendant always file rejoinder and plaintiff replication?
Q. What is the effect if rejoinder accepted and what is the way to object the rejoinder?
j ramesh kumar
14 April 2018 at 20:02
Dear all, my name is Ramesh. We received a decree in 2006. And we field a execution petion in the same year, but till date the decree is not executed. Recently the civil judge appointed a commissioner and commission was completed in April 2018. Weather the defendant has a right to appeal to high court. If appeal what is the time periodperiod, and what will we do.
Anonymous
14 April 2018 at 19:29
what are the legal remedies to remove abutting road aceeses to my land blocked by layout promoters ?
Raghuram
14 April 2018 at 13:03
Sir does the civil court has the jurisdiction to decide cases of illegal removal and recovery of gratuity and bonus is their any judicial precedent in this regard which we can cite it while arguing the case, a civil case has been filed by father in 2003 and he died in 2004 and we were included as hiers in the case please clarify with respect to jurisdiction of court can the defendants argue that recovery of gratuity and bonus is out of the jurisdiction of the court eagerly waiting for the reply
Anonymous
14 April 2018 at 12:29
IN A CASE WHERE THE INSURANCE COMPANY DENIES TO PAY THE DEATH CLAIM TO THE NOMINEE OF THE DECEASED ON MEDICAL GROUNDS THAT THE CLAIM WAS AN EARLY CLAIM. IS IT POSSIBLE TO FILE A CASE IN THE COURTS OF LAW AGAINST THE COMPANY & WITHIN THE TERETORIAL JURIDICTION OF THE CLAIMANT
Anonymous
14 April 2018 at 05:00
Hi...
The incident is regarding a friend of mine.
He was into a live in relationship wth a lady for 5 yrs and they had a child from the relationship .The child is now 3 yrs old and they all are staying separately since 2015 .
Apparently the lady was married earlier nd had hidden the same from my friend and started living together . My friend tried and wanted to do court marraige with the lady however somehow the lady avoided ..in the interim the lady gets pregnant and gives birth to a daughter . My friend accepted the child and they were all living like married couple with kid. Post few yrs this friend of mine realised the lady was having an affair with another guy and thats when situations became worse and they decided to part ways.The lady took the child and left my friend in 2015 . There were no evidence of any marraige between 2 and no pictures nothing were there. The lady took all jewellery all household stuffs and went off and My friend made her sign in court paper that these stuffs she had taken.. My friend out of humanity pays 5000 every month for the child and still continues even now.
Now apparently the lady is staying wth another man now ( no idea whether married or not )
Now, the lady in 2017 lodged a 498 against my friend .
My friend appeared in the 1st hearing this yr April but the lady did not turn up
Now the qstion is
1. Is the Live in relationship in this scenario legitimate
2. Can a woman aftr 1 yr of break up and after staying with another man in the interim do a 498 against my friend
3. What is the main motive of the woman in this case
4. Can the man marry in this situation even before the charges are not waived off from him
The guy is already 42 and doesnt want to waste time further can he marry in kolkata now
Would be highly obliged if we get an answer
Harish M
13 April 2018 at 23:33
http://www.lawyersclubindia.com/experts/Want-refund-from-college-671056.asp
Sir,
I drafted my complaint and filed it in consumer forum. After nearly 6 dates now the opposite party which are the college and college secretary have appointed advocate and the advocate given copy to me making false allegations:
1. That I am characterless person.
2. That I line maar to teachers and girl classmates.
3. That I used to send whatsapp messages to teachers.
4. That I used to give miss calls to one of my classmates.
Thease are all false. And I don’t know how to prove it. Judge has told me to file affidavit and reply to the version of the op 1 and 2.
In my prayer I have asked only,
1. Marks cards.
2. Fees to be given back to me which I paid to the op 1 and op 2.
3. Damages and compensation.
They are in one way doing character assassination of mine. So in this case what to do? Can you please guide me?
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Maharashtra co-op society act related.
Hi,
I am the chairman of the society ,registered under Maharashtra Co-op. Socities Act , the society holds a vacant piece of land, the society do not have any means and resources to develop the said property. The society do not wish to sell the said land and there are many members who wish to retire from the said society (the said land was bought by pooling in capital by all the orginal members, and many of these original members wish to retire and exit from the said society). There are potential builders who wish to develop the said property. Our Concern is as follows :
1) If the member wish to retire then in that case how the process would be, and as it is a non-profit organisation then how can there be monetary compensation to these members?? should they just retire by taking the capital the invested during forming of this society?
2) Can the society go ahead with a development agreement with a prospective builder and get the property developed as per pre decided terms and conditions?
3) Should the society have a development agreement with the builder or a Joint Venture agreement or anything else?? pls suggest us a better way to take it forward legally.
4) When the society receives developed property , can that be leased to a third party and if so what will be the tax implications as the society will be getting rent and as the act says its a non-profit organisation.??
Please do the needful