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JAIME   11 February 2018 at 20:50

Affidavit in evidence - examination in chief.

Sir,
Kindly advise me as soon as Affidavit in evidence is filed in a suit and before commencement of Examination in Chief is it necessary that the Opposite party files its Counter affidavit? How to proceed from here?

Anonymous   11 February 2018 at 15:42

Validity of documents obtained under rti act 2005

My opponent got House electric connection by producing forgery documents to Electric Office and the same was obtained by me under RTI Act. The Public Information Officer (PIO) provided me photo copies of my opponent application along with the said forgery documents under a letter. the photo copies are not attested. Hence, we requested to reproduce the photo copies with attestation and the same has been provided by the PIO.

Now the problem is we have filed chief affidavit along with the information obtained under RTI Act. However, the opponent Lawyer opposing that the True Copies / Attested Documents can not be marked which is obtained under RTI Act.

Please provide how to mark documents obtained under RTI Act as primary or Secondary evidence and also quote relevant judgments.

Bhumika   11 February 2018 at 07:56

Temporary injunction

My english is not so good... so please ignore language errors.....

We have filed a civil suit seeking declaration of cancellation of sale deed. with the interim relief of temporary injunction. The application of interim injunction is pending. Detailed Panchnama by Court Commissioner is already held during our possession, but after Panchnama defendants forcefully took the possession. At the time of the filing suit we seek the relief to restrain the defendants interferance with our possession in the interim application. this application is pending ..... but now we dont have possession.

than we need to made an application of restoration of posession ?
or we can seek relief of restoration of possession during the hearing of interim application we already made before the dispossession?
please guide


RAJESH MAKWANA   10 February 2018 at 13:21

How cancel registered lease deed


i singed 20 years long lease to bank of India, but its rent too lower than current time, 9 years complete of lease and still 11 year pending so i want to cancel this lease, so its possible ?? because i want sell my property

Shailesh Patel   10 February 2018 at 07:19

Kept for CAV

In a civil matter in High court, we are petitioner and division bench has noted" as kept for CAV..and matter is pending for 5 months. So what does it means ?is it judgment in our favour?

Arvind Singh Chauhan   09 February 2018 at 20:42

Eviction of a person who is not tenant but was in possession

Learned seniors,
In which provision I must file a suit to evict a person from house, who is not a tenant but was living with the permission of plaintiff's father. what is the limitation period. Plz guide.

MahendraKumar.H.Trivedi   09 February 2018 at 16:26

Case status

Sirs
My case status for next date reads" Order Admission / urgent hearing " I am defendant in title suit act 34. My lawyer not attending court, nor replying, nor taking fees, ( once fee paid) nor allowing other lawyers to take my case.
What do I make of above case status description. I will remain present in next hearing but meanwhile please advise on above. Could plaintiffs have moved application. Regards

sangameswar   09 February 2018 at 15:12

Limitation for specific performance against legal heirs

What is the Limitation period for Specific performance against legal heirs of the deceased owner(seller) w.r.t. to immovable property?. Please quote the law with case laws if any.Thank you.

Anonymous   09 February 2018 at 14:51

Cancellation of impersonation registration document

Ancestral property is under dispute between two brothers and their paternal aunties and presently pending at high court. In mean time, the elder brother registered a property which is pending at High Court by GPA cum sale to third parties along with his relative showing him as his own brother. now, younger brother filed a civil suit in court to cancel the fraudulent registration document.

1) What is the fate of that document
2) Is the purchaser will become bonafide purchaser and what relief
3) The document is under impersonation as the 2nd executant signature, photos and thumb impressions were given by third person.

Please advice and provide any judgments to cancel the fraudulent registration documents.

Divya   09 February 2018 at 14:22

Procedure for legal heir substitution in partition suit

Respected Experts

My father had filed a partition suit for obtaining part share in his mothers property. he also obtained an order for injunction that his siblings cannot create 3rd party rights till pendency of suit.
However he expired on 29th July 2017. We obtained death certificate only a month later. Non advocates told us that "legal heir impleadment" has to be done in 90 days. I made an appearance in the partition suit, where court reprimanded to appear after 90 days due to which perio elapsed, still court has given time to file a detailed application.
Other constraint was, my mother did not have any money hence she could not take any steps in several litigations of my father and she suffered weak health too.

How do I proceed further. Not getting the right guidance from lawyers as I have been scared that suit has abated. Can I pursue remedy under Order 22 Rule 4 with a delay condonation application for substitution of legal heir with penalty orders of court and delay costs

or is there another parallel legal remedy, which a surviving member can take so that suit does not abate.

Please guide in the best possible way