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Vasudevan   20 September 2023 at 19:46

Appearance as party in person - reg.

Respected Learned Experts,I had engaged an Advocate for a tenancy dispute before the lower court (Addl. District Munsiff Court). I had paid him 50% of the fee already. Now my advocate license was suspended by the bar council due to some allegations against my advocate, for which I am not the reason. For the past 1 year I was appearing and seeking adjournment as per the advise of my advocate. Now, the Judge has refused to give further adjournment and directed to conduct the case from the next hearing. My advocate neither returns the papers nor giving NOC and demanding full fees to do so. When I approach the other advocates, they are asking to get NOC and the case papers from my advocate. Whether I can appear as Party In Person before the District Munsiff? If so, please clarify whether I have to file Memo or Miscellaneous Petition seeking for permission to appear as party in person? Please also share any draft petition in the matter, if possible. Thanks to all Learned Experts in anticipation.

Maya Singh   20 September 2023 at 02:30

Prayer of interest not made in plaint

Dear Sirs,

I had not made the prayer of interest pendent lite in one of the prayers in the plaint in my commercial suit. Now I came to know that the Court does not grant reliefs not specifically prayed for. I fear that I shall not be getting the relief of interest on the compensation amount if I win the case. Can anyone please help ...

NAGARAJ   19 September 2023 at 19:18

Cross examination of court commisioner

recovery suit the honble court have sent the documents for experts opinion
and same is returned to court with court commisioner report.
now defendant advocate wants to cross examine the court commisioner
hence what is the provision for filing the application for cross examination of court commisioner.?

NAGARAJ   19 September 2023 at 19:11

Injunction suit maintainability

i have filed permanent injunction suit against the defendant praying that not property'so interfear my peacefull possesion of the plaintiffs property during the pendency of the suit plaintiffs died .thereafter leagl heirs of the plaintiffs filed the application under order 22 rule 3 application to come on record. hon'ble judge allowed the application and amended plaint also filed thereafter hon'ble judge raises a question i.e whether this suit is maintainable.
hence
1.the question is after the death of plaintiff permanent injunction suit maintanable or not?
2.is leagal heirs are barred to contest the matter as a legal heirs of the plaintiff.?
3.kindly refer Any citations stating the the legal heirs suit is maintainable

Anonymous   15 September 2023 at 12:21

Managing commitee control over festival commitee

Do Managing Commitee have control over festival Commitee. Reason is we for past two years have given youths to manage yearly festivals in society. The managing Commitee newly formed is creating lot many problems for this youths to celebrate festival or usage of society space. FYI festival Commitee is nor registered and for past 7 years to what ever contribution received from members festival is celebrated. Need to understand role of Managing Commitee on such Festival commitee and can we reach out to registrar to resolve this daily issues raised by managing commitee

ravi kistipati   12 September 2023 at 11:27

Stamp duty exemption for co-operative housing societies

Our Co-operative Housing Society registered under APCS Act 1964 during the year 1979 in Hyderabad. During the same year (1979) The Housing Society bought a land of 130acres from individual persons with deed total cost of 20,80,000 and paid the stamp duty of 10499/- . I heard from few sources that, there was a GO which provides the stamp duty exemption upon the registrations done for Housing society. Is it True, if yes - the stamp duty here in 10499/- is the price after exemption given in the GO ? Can you please help me with this? I want to know if this society availed the stamp duty subsidy/exemption attracted by the GO's in force during the year 1979 .

Anonymous   12 September 2023 at 09:08

Forceful sign in agreement and blank cheque

Some people came and took blank cheque and signed on ₹50 stamp paper agreement to pay them money of 8 lakhs and we were afraid and filled fir after 12 days and mentioned about fir and agreement. Will agreement and cheque be valid?

Anonymous   11 September 2023 at 22:28

Weather appeal memo can b amended after judgement

Weather appeal memo can be amended after judgement for rectification of judgement

Citation please

Dr.SAAIE KB   11 September 2023 at 01:59

Civil miscellaneous application

I am a senior citizen and wish to avoid traveling.

I request the learned community to help me by posting format or template of Civil Miscellaneous Application and Criminal Miscellaneous Application of H'ble High court of Andhra Pradesh.

In an Interim Application the first appellate ADJ dismissed my petition under Ord XXXIX CPC seeking interim injunction. Now I am considering to go in appeal to High Court under section 39 of Specific Reliefs Act. So I want to see the format of appeal petition. The case is a bit complicated to explain in detail here. There are 5 defendants and D1 to D3 are proceeded ex prte. I signed agreement for sale with D1. D1 sold suit property to D2&D3 after filing suit for specific performance. D2&D3 sold to D4 & D5 that is hit by lis pendency- an issue framed by trial court. But the trial court in it's judgement did not touch the issue framed by it. But partly decreed in my favour ordering D1 to pay back my money with interest- ₹25 lacs. Now a new situation cropped up. D1 is insolvent. How to solve the issue of lis pendency? Now I want a lein on disputed property. D4&D5 have no locus standi legally to claim the disputed property though the disputed property is registered in their name by D4&D5.


Kindly help.

Regards and thanks.

VISHAL RAJENDRA KIRAD   10 September 2023 at 14:49

Recovery of money

my client make an agreement of purchase of flat and seller of flat agreed to pay the TDS against consideration on behalf of my client but the seller had not paid the said amount of TDS

Now my client suffered and received TDS intimation and income tax notices for payment of TDS and now my client has paid the TDS amount and my client want to recover this paid TDS amount with interest and penalty on TDS payable to income tax department

which section and act is applicable to file the suit against seller