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Raj   29 March 2017 at 22:37

2 rejoinder affidavit or 1 rejoinder affidavit aginst 2 counter affidavits

In my writ petition against Govt body and one private respondent( Income tax matter), I received 2 counter affidavits and I am directed by High court to file the Rejoinder affidavit
My query is whether I should file 2 rejoinder affidavits against 2 counter affidavits ? or should I have to file the one common rejoinder affidavit against both the respondents denying and controverting their averments??

Sanjeev Kalia   29 March 2017 at 12:42

Dv and CrPc 125

Respected all
My friends wife filed a false dv and 498 a complaint against him in women cell and also filed a CrPc 125
My friend filed Rcr which is at ex parte level. My friend has all the proof like recordings etc of his innocence
Kindly suggest the counter cases and hw the false complaint can be dismissed at women cell

Sanjeev   29 March 2017 at 06:00

Defendant deliberately not receiving notice.



Party is deliberately not receiving the Notice.

Can we call them through Newspaper Publication in their area ?

What if they did not come afterwards ?

Sanjeev   29 March 2017 at 05:11

Pls guide : procedure to transfer the execution from one state to another

Execution Case :

In the Agreement, Jurisdiction was New Delhi.

Arbitral Award/Decree Passed at New Delhi. (Bank Guarantee by a Centralised Bank).

Even in Bank Guarantee the Jurisdiction was New Delhi

Execution Case filed at New Delhi But Court Transferred it to the other State.

Then, For Execution, the case was transferred from New Delhi to Other State.

Execution Case filed there in 2013.

Defendent filed a Stay Application U/s 34 in New Delhi Court but could not succedeed to grant a Stay on the Execution.

No stay was granted to the Defendents.

Objection has been dismissed of the Defendents.

It's been 4 years, But till date Execution Proceedings has not been completed.

According to our Local Lawyers : The Defendents are very influencial people connected to a political Party.

So we cannot do anything in their State.

Questions For Fair & Expedite of the Execution :

1). Can we file the Transfer Petition in The Apex Court to transfer the Execution Case from that state to New Delhi ? As the Jurisdiction was at New Delhi only & exclusively.

2). Will Apex Court consider our Transfer Petition ?

3). How much time does The Apex Court tooks to allow/dismiss the Transfer Petition ?

Regards

Narayan   27 March 2017 at 21:41

Ost original Suit (title ) registration no. 100059/2015

My grand father owned a house in tamil nadu. Now occucpied by a tenant since 2014. My grand father and grand mother aged 88 and 85. They request the tenant to vacate the house in jan 2015 , because they wish to live in their own house in their remaining life. The tenant filled a suit in june 2015 against my grand father and grand mother. The case is yet come for trial ,I thing. Please check the ost suit online which i mentioned in subject. (tamil nadu - tirunelveli - cheranmahadevi court. ). Now i wish to finish the case quickly. Please advice me proper way. Is ther any chance to move the case to high court bench or distric court. The tenant is a tamil nadu governmet server. (Puplic works department) due to my grand fathers age, nolonger he can run the case and most important he wish to stay in his own house for remaining life. Please advice.please check my case status online and guide me. Please.
Thanks.
Narayanan

Ashu   27 March 2017 at 14:35

Cide

Can a compromise be made between parties without a written agreement?

siva   27 March 2017 at 08:34

will

My father mother has given a will on my mothers name in 1981.my mother gifted me in 2001 and registered on my name from 2001.my father brother daughters have made partition suit.will is unregistered and I have mortgaged in bank in 2015 .they are saying they are not aware of property transfer till now and challenging me

Swarna kamal Chandra   26 March 2017 at 23:31

Decree passed against deceased defendent

We filed an ejectment suit, runned on ex-parte and decree was passed. One of the defendent/judgement debtor, who was a married daughter and who didnot resides in the suit premises died before passing the decree. As per sec 2(g) of the west bengal premises tenancy act 1997, married daughters who does not reside in the suit premises is not a necessery party. Will the decree as a whole be null and void? PLease reply.

sudhirghabasu   26 March 2017 at 20:45

Suit filed under order 37

sir/madam., good evening to you all. i am sudhir adv. from chennai. The Plaintiff had filed a Money suit under order 37. the Defendant had not appeared before the court. procedure under rule 3 of order 37 not complied by the defendant. suit was decreed in favour of the plaintiff. Execution petition was filed by the Plaintiff. Now attachment will be ordered. only at this time the Defendant is approaching me to save.
1. whether i am entitled to file a set aside petition to set aside the exparte decree. If yes what is the procedure.
2. whether the e.p can be stayed if set aside petition is filed.
3. under which provision of c.p.c i am entitled to file the set aside petition. under order 37 rule 4 or else any other provision. Pl help me with relevant judgments.
the Plaintiff had already received the money. Despite of that, forged his signatures and foisted a false document i.e. a promissory note forging the signature of the defendant he has filed the suit. though these are points for trial now i have to enter into the case. therefore i require your help.

sudhirghabasu   26 March 2017 at 20:30

Civil procedure code sec.47

sir, best wishes to you all. this Sudhir adv. from chennai. in a specific performance suit i am for the defendant -vendor. the defendant-vendor entered into an sale agreement with the plaintiff on 20.06.20007. paid an advance of rs.100000/- sale consideration is Rs.451000/- issues legal notice on 29.10.2017 i.e., after the expiry of the sale agreement. sale agreement expires on 20.09.2017. Plaintiff-purchaser filed suit for specific performance insisting to execute the sale deed. In the mean time on 10.09.2008 the Defendant executed sale deed in favour of another person.
1. The Plaintiff had issued a legal notice after a lapse of one month period from the date of expiry of the sale agreement. whether such legal notice is valid.
2. time is the essence of contract, whether the rule is applicable to this case or not.
3. now the suit is decreed in favour of the plaintiff.
4. execution petition is filed an pending. Now i am going to file a section 47 application.
though i searched i was not able to find any relevant judgments in favour of my case. So i need your help.
Thanking you with regards
sudhir