Parmesh vyas
31 January 2018 at 20:35
In a registered partion deed one property was assigned to one person share and oral binding was once the case on it was over it will be partioned. After 27 years on party filed suit for particular property to be partioned.district court gave verdict that the particular property should be partioned.the grounds challenged were 1.oralevidence cannot be induce in section 92 of evidence act.2)suit bare by limitation act of 1993.3) once registered title is of that person. District court Verdict was thoug registered it has to be partioned again in three equal shares. But in Highcourt the judge gave against the lower court order that the above said grounds apply hence once registered cannot be partioned
Ayush
31 January 2018 at 20:26
Gurmeet singh..namaste..sirs/mams i have been working in cpwd as a J.E. for last 6 years.In 2015 i got into argument with one of my bosses.He took the matter so personally that once he abused me over phone to which i too absued him.then he threatened me that he will destroy my career.I asked him that sites under me are lacking stationary and othet items in writings. so he came with a vehicle full of stationery at 8:00 pm and asked me and others to wait for him until he arrive.after reaching office he told me to unload all the stationery and sign the receipt. since it was already late and i had only one man under me and he was an old man so i thought of signing his copy of receipt and i will check the items later.but after 7 days a man from site came and he asked me for 1 rim of white paper.when i opened the stores i found not even a single white papers rims in it.i immediately inform my senior in writing that either you correct it or send me white paper rim immediately. to which he started blaming me of corruption and threatened me of investigation. There were a bunch of letters he wrote me to accept the
ravi
31 January 2018 at 19:43
I sold residential property 5 yrs back vua a registered sale deed, paying stamp duty and registration charges. Change of ownership was recorded in the town planning scheme office, however the same was not done with the local municipality or the water and electricity depts, where my name still continues.
Two yrs after I sold the property, my neighbour filed a RCS suit against me and the local municipality for illegal construction.
The summuns were received by tge municipality but till date summons have not been received by me as the registered post as well a the Baliff went back undelivered.
In the meantime the hearings have proceeded against the municipality nut against my name the staus us shown as \\\"steps unready\\\". I am aware of the case as the municipal official has informed me u officially.
What steps I should take to quash the case against me as i cannot tell the exneighbour to wuthdrae the casr as our relations are bad.
The case was filed with intent to harass and trouble me. Can i approach the distt court with request to quash the case.
Your opinion will help as i am a sr citizen and do not wish to run around for the case.
Thank you
Naveen Kanth Dasari
31 January 2018 at 18:43
Hello Experts,
I need some suggestions regarding Money Recovery Suit.
Lets us assume A & B as persons. A issued two cheques to B as he has taken a hand loan of Rs. 1.35 Lakhs, however A promised to pay the said amount within 6 months but unfortunately A died without repayment of the hand loan amount. Now B approached the wife & children of A as they are the legal heirs of A and requested for the repayment of the said hand loan taken by A, however they posed deaf ear and upon several request made by B, the wife & children of A asked B to deposit the cheque issued by A in the bank for its encashment as A's account has sufficient amount, believing their version to be true B deposited the said cheque in his bank account but the same was returned unpaid for the reason Funds Insufficient, B again approached A's family but again they posing deaf ear. Now my query is can a Money Recovery Suit be filed making A's wife & children as party as they are the Legal Heir and also A's wife is receiving family pension but B does not have the knowledge of the Account Number.
Plz suggest.
Thank You.
Ramana
31 January 2018 at 12:32
To file a summer suit w.r.t order 37 for promisory note attachment of property of borrower is required
Sameer
31 January 2018 at 01:04
Hello respected lawyer
There is a suit against us by landlord at bandra small court
The suit is for eviction due to non usage and bonifite. It under maharashtra rent control act 1999
The property is commercial property. My father is a senior citizen so landlord is troubling us.
There was no repair in the building till date by any one.
We are not happy with our lawyer working may be he is not able to understand or we are not getting it point.
It in starting stage we file ws then we file for depositing rent in court
1.The landlord was not taking rent we try to pay him via cheque but he didnt accept soon that basic our lawyer put a application for depositing rent. The rent was due from 1994.the last rent paid was 60rs so we send him letter with calculation as 60rs and asked if any incremental do let us know we are ready to pay. Before some years back he demanded 200rs for settlement so we accepted and gave him calculations according to 200rs that but after paying via cheque he didnt accept the rent.
In 2013 the landlord brother send legal notice to all tenants that not to pay rent to anyone as there is despuite.
Now landlord lawyer say that from 1965 we have not increased rent from 60rs so we agree to pay 250rs but that not true he have increased many number of time for which we have rent receipts of 1983, 87,90,92,93 and 94 where landlord had increased rent and the last rent was 60rs. 60rs rent was including everything.
So can landlord demand more then standard rent like last bill was 60rs in court he is demanding 250rs from 1994.
2. the landlord lawyer calculated 250rs from 1999 4% incremental on full 250rs and every year he did on cumulative. As per him 250rs include taxes repair fund and other taxes. Im 2018 as per landlord the rent reach 700rs as he have increased from 1999 to 2018 4% cumulative every year.
So my question is in maharashtra rent act 1999 was applicable from 1st april 2000 and 4% incremental sud on standard rent that too simple basic.. So can landlord demand such thing in court?
3. Landlord claim there was increase in property tax in 2010 by bmc. The increment was from 2010 i.e and 500rs per month which i feel is 100% wrong as our property is small other using double the space then us and landlord is taking rent as 700rs rent all inclusive till date. So if our small property the taxes wont be so much. So landlord demand 500rs extra from 2010.so
How do i find out what is my standard rent, taxes and repair cess as per bmc from 1994 till 2018 including any increased of any taxes?
What documents sud i asked from landlords?
4.if we prove landlord is demanding more then standard rent then can landlord be punish as per law he can't demand more then standard rent.
5.from rti i found out my rentation value in 1992 and 2007 was same nothing got change. So how find what sud be standard rent in 1994 till date and repair cess and property tax.
Honorable lawyer and senior consil and member with knowledge how to go about please guide us we will be really thankful for your advise.
Landlords have demand so high that my father is very tense.. Being senior citizen he is more tense and landlord keep coming and saying you will empty your shop in next hearing if you dont pay lakhs in court.
Thank you in advance
practicing advocate
31 January 2018 at 00:21
Respected learned counsel,
My client has taken a shop on rent and suddenly in one night the fire broke out in the late night and all the goods get destroyed.Now the owner of the shop held responsible to my client for all the damages and demanding for the compensation.As per the agreement he has served an eviction notice but is not ready to refund the security deposit also.
What legal option is available to my client?
is the rent agreement for shop is admissible in the court of law in maharashtra?
mabusubhani
30 January 2018 at 19:52
Respected Sir/Madam
I Sub Court after Judgment, Defendant file IA ( Set side petition)under limitation act 5, that petition dismissed, because they do not show sufficient cause, and day by day delay reasons. Now In High court stay order can passed in CRP if possible for Defendant in suit and petitioners in I A and CRP.
Swarna kamal Chandra
29 January 2018 at 23:15
Is there any provision in CPC of getting help from central forces (such as RAF or army) in case local police authority does not able/capable of delivery of possession?
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False blame on me by senior govt officer
Gurmeet singh..namaste..sirs/mams i have been working in cpwd as a J.E. for last 6 years.In 2015 i got into argument with one of my bosses.He took the matter so personally that once he abused me over phone to which i too absued him.then he threatened me that he will destroy my career.I asked him that sites under me are lacking stationary and othet items in writings. so he came with a vehicle full of stationery at 8:00 pm and asked me and others to wait for him until he arrive.after reaching office he told me to unload all the stationery and sign the receipt. since it was already late and i had only one man under me and he was an old man so i thought of signing his copy of receipt in good will and i will check the items later.but after 7 days a man from site came and he asked me for 1 rim of white paper.when i opened the stores i found not even a single white papers rims in it.i immediately inform my senior in writing that either you correct it or send me white paper rim immediately. to which he started blaming me of corruption and threatened me of investigation. There were a bunch of letters he wrote me to accept that i did the scam.he threatened me in writing that money of 30 white rims will be deducted from your salary. after that he along with his senior got me transferred to a small village and given me 3.2 marks in my apar.now when it is time for my promotion and dpc is going to select people for promotion in February 2018 he is again raising 3 years old issue to hamper my career. all the correspondences in this regard have been done in 2015 then whats is point in raising them now.sirs/mams kindly suggest me a way out.paying 3000~4000 rupees fot white paper rim is not a big thing but i haven't done any scam then why should i accept it.i report the matter to management but they told me to keep quite and forget the matter and joined new place .will it be beneficial if i go to court against this mental harassment.as this person ruined my image in the department. and continue to doing so and destroying my career.kindly suggest asr