NIMESH
04 April 2017 at 22:44
नमस्कार,
महोदय मेरे द्वारा एक वाद कोर्ट के समक्ष रखा गया था जिसमे एक कॉलोनीज़ीएर एवं कुछ किसानो द्वारा पटवारी से मिलकर मेरी भूमि से रास्ता निकाल रहे थे तो मेरे द्वारा एक वाद कोर्ट और तहसील मे लगाया गया था! तहसील का ऑर्डर मेरे पक्ष मे था परन्तु कोर्ट से मेरा केस निरस्त कर दिया गया है! मैने धारा ३९ (१) और (२) व धारा १५१ सी प सी में वाद प्रस्तुत किया था! इस वाद का ऑर्डर इस के साथ अटॅच है!
आप से मेरा निवेदन है की आप इस आदेश को देख कर मुझे कुछ रास्ता सुझाए और अपील हेतु कुछ महत्वपूर्ण बिंदु बताए और मेरा मार्गदर्शन करे!
धन्यवाद
आपका आभारी
GANGAM.RAJENDER.
04 April 2017 at 20:06
respected sir,
Possessory agreement of sale executed on 4-5-2003 by defendants 1 to 5 and the specific performance suit has been instituted on 2012 . defendants 1,3,5 are ex-parte as summons affixed at their house. defendant no.2 agreed that the document was executed but defendant no 4 denying the document .
Q1. WHAT IS THE LEGAL POSITION OF THE DOCUMENT?
Q2. IT IS UNREGISTERED DOCUMENT WHETHER IT IS SENT TO EXPERT OR FOR REGISTER OFFICE TO CALCULATE DEFICIT STAMP DUTY ,WHICH IS FIRST COME UP IN PROCEEDINGS SIR. CASE STATUS IS AT ORDER 9 RULE 7 PETITION FILED BY D4 ALONG WITH LIMITATION PETITION.
THANK YOU SIR.
Ranganath
04 April 2017 at 13:31
Sir. The case was compromised in bet ween both parties in the year of 1991 but stamp duty not paid. But now they are paid stamp duty but the PO asking produce some authority to dealy
Tek Chand
04 April 2017 at 07:02
Do parties have to pay for mediation expenses when a court refers their case to mediation.
Vasudevan
03 April 2017 at 22:27
Respected Experts,
My father while he was alive has obtained a Release Deed from my sister wherein it was stated that she forgo all her rights over the properties of my father's property duly receiving Rs.4.5 lakhs cash in the year 1997. She has signed the Release Deed and her husband has also signed as witness. It was not registered. My father has died in 1999. Now my sister is claiming her share as a legal heir from the properties of my father. Whether the unregistered Release Deed may be useful to me. Whether registration of Release Deed is compulsory? The Release Deed doesn't contain that it pertains to a particular property. It speaks that she forgo her rights on all the properties of my father. Whether it is valid before the Court of Law? Please clarify. Rule/Act provisions in the matter, if any be stated.
Kvijay12345
03 April 2017 at 13:51
My friend had applied for personal unsecured loan from the private bank. In Dec 2007 the loan was sanctioned and the sanctioned letter was issued alongwith three disbursement cheques. The loan was promised at 18% and later it was sanctioned at 20%. Hence the borrower returned all the cheques to the bank alongwith the request for loan cancellation. The bank also issued loan cancellation letter to him. But meanwhile the bank kept debiting his installments as the borrower had signed the Ecs Mandate form earlier. At the time of processing the loan the Bank also had taken six blank signed cheques from the borrower on the pretext of confirming the MICR code for the Ecs facility for repayment, and on the promise that they would either destroy the cheques or return it to the borrower once the loan is sanctioned. But the bank neither destroyed those cheques nor returned them to the borrower.
Without paying a single rupee to the borrower, the bank kept debiting the EMIs on loan till six months and finally after six months made the borrower to accept the loan. As the bank had already debited six Emis in advance and refused to refund them to borrower, finding that there was no option left, the borrower finally accepted the loan after six advance EMIs were debited. All this was done by the bank by using the same old loan documents and agreement signed in blank by the borrower in Nov.2007 and after that when the bank finally disbursed the loan in June 2008, no new loan agreement was made by the bank. The borrower was issued three loan sanction letters time to time. In Jan.2009, the borrower defaulted on this loan after paying EMIs for one year.
In 2011 the bank assigned the rights of this loan to ARC. Meanwhile the bank had misused five of those six blank signed cheques given by borrower to the bank at the time of processing this loan. The bank filled in the amount and dates and bounced them periodically from Jan. 2010 to dec.2013 without giving any notice to the borrower prior to depositing or after the dishonor of these cheques and intentionally kept the borrower in dark.
Now In sept.2016 the ARC has filed the matter in DRT by misdirecting the court that the borrower had acknowledged and admitted his liability of loan by issuing those cheques periodically for the part payment of the loan. Hence the law of limitation doesn’t come in action here. The fact is that the borrower had never issued any cheques for repayment or part payment of the loan and it is clear from the fact that the handwriting on these cheques is of some other person and not of the borrower. Also the mode of repayment was through monthly ECS. The loan amount was 6,50,000/- and the value of the dishonored cheques is 4,30,000/- The bank had never issued the copies of the loan documents including the loan agreement signed in blank by the borrower at the time of processing the loan despite of his several requests to them from time to time. The borrower has all the documentary proofs with him.
My questions are 1) Are these old loan documents including the loan agreement valid considering the fact that the borrower had returned all the disbursed cheques to the bank and after that for six months there was no any actual disbursement of the loan by the bank and also the bank had issued the loan cancellation letter to the borrower stating that the loan cancellation is under process, but still kept debiting the EMIs on loan without a single rupee being disbursed to the borrower? 2) Is this matter tenable in the eyes of law and is this case maintainable in DRT ? 3)What steps does borrower needs to take in this matter and what are the legal remedies left with the borrower against the bank and the ARC? Can the borrower make counter claim in Drt for his hardships and sufferings caused by the bank and ARC?4) As the bank never issued copies of the loan documents including the loan agreement signed in blank by the borrower at the time of processing the loan despite of his several requests to them from time to time are the terms and conditions inside the agreement applicable ? As neither the bank nor the ARC issued any notice to the borrower before depositing the cheques or after the dishonor of the cheques, is this matter tenable and maintainable in the eyes of law? Is this not against the natural law of justice where no opportunity was given to the defendant to defend himself before approaching the court? Please guide me.
J JAIKANTH
03 April 2017 at 10:39
We do not find any merit in these petitions. The
special leave petitions are, accordingly, dismissed.
Pending application, if any, stands disposed of.
This is the order by Supreme court of India on a civil partition suit and against the judgement in high court. I am the Respondent. in high court the case judgement was in favor of Respondent
RAVI
02 April 2017 at 16:49
Dear sir,
I Purchased dry agri land and registered in sub-registrar office 8 moths back. The seller had total 24.04 Acre land and out of it I got 8 Acre and another person 3 Acre & seller kept 13.04 Acre to his own now.
We made a mistake that,registered without clearing the bank loan of approx.. 5 to 6 lakhs. Now our name entered in all land records like RTC form no:16 & MR. Land podi & hissa also made properly. Now we have started using land & taken one crop during last rainy season. When we demand to close the loan of land, seller is trying to cheat us as he is asking loan amount from us. If not he want to put RTS case from loanee bank to recover loan amount or land auction..
Is there any chances of cancellation of registered land by bank???
Can u please clarify my doubt on this query..
Thanks
Ravi....
NIMESH
02 April 2017 at 14:33
A Colonizer and nearby landholders has made an unauthorized road from my agriculture road. These colonizer in connection with R.I and Patwari put traces into my revenue land record for which i put a case on them in the civil court but unfortunately the case got repealed and rejected though the case held in front of tehsildar is into my favour and the biggest problem is that at present they are making road of 10 feet but after this case the magistrate put 25 feet road into his order based on my registry in which the seller offered the road to the buyer and not a public road.
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Injunction against licensor.
I have took shop on rental basis in Feb 2014 to Feb 2017 for which I have paid Rs. 1200000.00 as Refundable Security Deposit and Rent Rs. 1.00 per Month for 36 Months through registered agreement with clause containing both parties can terminate this agreement before expiry by giving 90 days advance notice.
Where I have terminate this agreement by giving termination notice in July 2015.
Till now licensor has not refund my security deposit and trying disposes me without paying me.
How and where I should approach to take injunction and not to disposes me without due process of law.
Seniors please guide.