Member (Account Deleted)
14 March 2017 at 20:38
Dear experts good evening
I am seeking your valuable guidence regarding the following
X had executed four promissory notes in different dates for each Rs.50,000/- infavour of Y.
Whereas the X failed to repay Y preferred to sue.
A common suit was prepared for the four promissory notes dipending on their calculations. Suit promissory note dated 14/05/2014 for Rs. 50,000/-, suit promissory note dated 28/5/2014 for Rs.50thousand, suit promissory note dated 02/06/2014 is of Rs.50,000/- and suit promissory note dated 08/06/2014 is for Rs.50,000/- and interest is caliculated as per their timings and in toto a claim of Rs.2,67,059/- and court fee is caliculated on total amount. but the honourable court is asking to pay court fee differently for each promissory note and returned the plaint to pay deficit court fee. whether it is genuine ???
How the court fee should be paid in toto for all the promissory notes (four exhibits) or different court fee has to be paid for each pomissory note???
please clarify the issue and quote me the exact citation infavour of the plaintiff regarding the payment of court fee for the total suit amount claimed basing on different pronotes between the same parties with same cause of action immediately, for which your suggestions I shall be ever thankful.
anilkumar yadav
14 March 2017 at 20:30
As per various Courts orders professionals like C.A., Doctors, Lawyers and etc. are not treated as "Commercial Activity" whether they run it from a proper SHOP or office at anyplace.
Can same be alleged under rent control Acts?
Humble Submission: Because under Rent Control Acts there is either residential or commercial.
Mohammed Abdul wajid
14 March 2017 at 20:26
The plaintiff did not filed a E P within the limitations of 12 years of getting a original decree. And this event which is the ruling applicable for condonation of delay.
Anthony Cyril
14 March 2017 at 11:18
Dear Sir,
I belongs to christian community my father has joint family property 1/11th share the trial court & appeal in district court has given decree favour of my father and the FDP suit pending in town court. but defendants sold whole property to third party including my father share. now what shall we do? need to file separate suit for cancel deed or can merge with FDP case itself. and what is the next procedure please suggest me.
1. can i take injunction order against the sold property.
2. how could we protect my father share.
3. if we start separate suit for cancellation of sale deed how long it takes to complete?
4. i given complaint in police station against defendants for suit pending in court the property sold to third party.
5. is there any advantages available for Senior Citizen & Physically disabled person in court case.
Please guide me and i am waiting for your valuable suggestions.
Adv B.B.Gambhir #9814820602
13 March 2017 at 20:22
an application under order 6 rule 17 cpc dismissed by trial court. the opposite party did not go in writ before hon'ble high court and later on the suit of the opposite party also dismissed. the opposite party filed appeal and application under order 6 rule 17 cpc by mentioning similar grounds.
under which law, the said application is maintainable?
Advocat R.Ramesh
13 March 2017 at 14:58
Sir, Wish you all a happy Holiday.
I need a clarification as follows.
The builder had entered into a builder's agreement during April 2006 and was to be completed by Dec 2007 as per agreement.The payment for the flat was realised till 7.11.2007 and the last payment was disbursed by way of a cheque dated 26.11.2007 through registered post. Since the builder had not completed the flat and not delivered, the SCDRC was moved during June 2008 by duly serving the legal notice on 19.4.2008. The builder used all the tactics in dragging the proceedings and later he was set exparte which he moved NDRF at Delhi and his petition was allowed with heavy penalty i e in May 2013.Now while filling his version in July 2013, he is claiming the last payment which was paid by cheque on 27.11.2007 through RPAD. Till 2013 there was no reminder nor notice nor any communication for the said payment. Now the builder is demanding it through SCDRC and the advocates commissioner report gives the proof of non completion of the property. My query is whether the law of limitations for recovery of money is violated or not.
veerander
13 March 2017 at 09:21
what is the time limit to file execution in arbitator award passed.
incase if the award been passed at delhi can i file directy execurtion in ambala court ior i have to file first at delhi juridiction that request to the court to tranfer the said abritaro award at ambala where the immoveable properrty of defendend is lying.
mahendrakumar
12 March 2017 at 14:58
is it necessary to give a legal notice under cpc80,before filing a contempt petition against govt of india,for not implementing an order/judgment of SC.
or we can straight away file the contempt.In a judgment of pension matters of exserviceman,the court ordered the implementation with in 90 days. The period of 90 days is over as on 31 jan 2017.
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