jains
12 December 2016 at 18:25
A muslim lady who want to file suit for partition of her father's property. Her father died about 8 years ago. Eventhough she raiswed the issue with her siblings, they did'nt made partition. Whether her suit if filed for partition will affect with limitation Act ?
Venkata Krish
12 December 2016 at 14:48
Dear Sir,
I have won the case in District Consumer forum in 2015 and the opposite parties have approached the state forum for appeal. Last month i.e. in Nov 2016 the state forum also gave the order in favour of me Which states as follows
"In the result, we dismiss the appeal with costs of Rs5000/-. The Respondents are at liberty to pursue the execution proceedings in District consumer forum in accordance with law. Time for compliance is 4 weeks"
Now the doubt is the appeal is dismissed with costs of Rs 5000/-. Do I need to file an execution application in State forum or District forum for claiming the costs awarded by State forum?
The amount that I am supposed to receive as a compensation is in FDR with district forum. So I am planning to file a cheque petition in district forum to withdraw the amount. But what about the costs awarded in State forum. Can I add that amount also in the cheque petition and claim the total or should I have to file a separate petition for this. If so how?
Please assist me.
Thank you.
sagar Rao
12 December 2016 at 13:16
Sir/Madam
I had given 3 complaints against my neighbours for unauthorised & illegal construction of building to Municipal Corporation in the year 2013, in district court case was dismissed by judge for default on 10.01.2016, then I had approached the municipal officer to demolish the illegal buildings but he had refused to do.
In mean time state government was introduced Building Regularisation Scheme in Municipal Corporation and my neighbours are applied in the scheme before dismissal of case in the court.
In September 2016 I had filled Write Petition against one neighbour & municipal corporation in High Court for demolition of building and not to regularised illegal building in the scheme, High court was given interim stay order on 20.09.2016 for not to regularise.
My neighbour counsellor filled vakalath on 17.10.2016 and vacant stay petition on 17.11.2016 in high court.
The following reasons mentioned to vacate the interim stay orders passed in my write petition
1.Due to continue absence of his counsel the case of dismissed and not on the merit of the case.
2.Filled restore petition in the district court on 17.10.2016 on the same day of filling vakalath in the high court & district court accepted the restoration petition on 28.10.2016.
3.He was saying that I am not is immediate neighbour - in fact my and is compound walls are attached, he is having 200 sq yard plot of which 77 sq yards of my plot are attached.
4.I was giving the false complaints against my neighbours to Municipal Corporation and blackmailing the residents in the locality for wrongly gains – In fact all my three complaints were booked and court case was filled.
5.In High court interim stay order date of dismissed of case mentioned by court people as 04.05.2016 - in fact it was dismissed on 10.01.2016 and same was mentioned by me in my affidavit, now they are saying that I was misguided the court.
1.My question is that after high court issued stay order on 20.09.2016 and after 27 days I, e on 17.10.2016 they have filled restore petition and same was accepted by lower court on 28.10.2016 (I, e 37 days) - is that high court accept the restore petition and can impact in high court judgement in these case, as lower court dismissed the case on 10.01.2016 and after 9 months 7 days they have applied for restore petition.
2. If court people wrongly mention the date of dismissal, how can they say I was misguided the court.
2. Shall I file damage of my reputation petition after completion of case please inform, and kindly comment on the reasons mentioned for vacant stay petition and suggest / advice anything in these case to me for which I am very thankful to you
Note: My counsel had advised on all the above things, still I want to know your experts opinion on the above said points.
Aseem Vaishya
12 December 2016 at 12:00
We have filed a eviction suite in court on basis of bona fide requirement .
During cross examination tenant could not counter our claim but on contrary we produced the registered deeds of his commercial properties in same vicinity.
My question is whether court can order to evict the premises on basis of registered documents of tenant's other property ? If yes please give a citation
kadiravan
12 December 2016 at 07:24
Hi,
we have some ancestral property case in tamil nadu and the judgement came as win to us but to divide the property as per the will and proceed registration our lawyer is pulling time it has been 2 years now and he is no mood to complete it. Once he took money for division marking came with people and did all but finally he told the judge who was handling the case had retired and we have to do from beginning. It's been 5 years since the case and he's cheating us. How to proceed now please advise. We have our grand fathers will and also the court win judgement with us.
s
11 December 2016 at 22:17
Sir
I have defend case as party in person, and filed jurisdiction petition u/o 14 rule 5 of cpc. This petition filed after my partial cross done and time taken by plaintiffs advocate. cross of PW1, evidence of both side already filed.
Now my petition allowed and additional issue frame as - " whether court has jurisdiction to try this suit." and present matter kept for further cross continuation of defendant (myself), but i have filed memo for settle additional issue before proceed further.
So pls urgently guide me How to settle additional issue as i defend party in person and as per my written argument suit is not maintainable on various grounds...
Pls guide and help
Regards
Sonal...
hrishikesh
11 December 2016 at 18:32
Hi ,
I am a director of a Pvt Ltd company - I hve filed a petition in company law board against other 2 directors of the same company - on a very first date of the commencement I got an interim injunction order - Stating , that company has to maintain status quo , on composition of board of directors , shareholding pattern and assets of the company - Though my suit is being dismissed by clb court - I have challenged the order of CLB in high court -
Sadanand B. Panchal
11 December 2016 at 13:16
Respected experts,
In pending suit instituted by me against MCGM, I have taken out notice of motion for cancellation of Occupation Certificate granted by MCGM to the Defendants: MCGM, Developer and Society and that same is pending. In the pendency Defendant BMC issued Notice under section 488 of MMC Act, to enter upon premises of X CHS Society for inspection of illegal construction raised by the XCHS Society. The X CHS Society then on 17.12.2016 collusively instituted Suit against MCGM without notice to me and taken out Draft Notice of Motion praying before Court to restrain action of said Notice under section 488 of MMC Act. Surprisingly Court directed the Plaintiff Society to register said Notice of Motion and on same day passed Order making Notice of Motion absolute on the ground that the XCHS Society obtained Occupation Certificate and also obtained Water Connection. Further the Order passed against MCGM stating that it’s concerned Advocate has not filed any Reply. On the other hand my challenge to the Occupation Certificate is pending in my Suit before same Court.
The Assistant Law officer of MCGM has not opposed notice of motion where he was fully aware of the fact that unauthorized construction on the new building was raised after date of granting Occupation Certificate. At first as per MCGM Circular No. DMC/RE/6418A Dated18.02.2015 the Assistant Law officer has to oppose ad-interim reliefs prayed by Plaintiff and if such ad-interim relief granted, it is mandatory to him to vacate the temporary stay within two months from date of such order. As per clause 11 and 12 of said circular if Assistant Law officer failed to vacate the stay as such will be punished. Punishment is red ink mark on his service book and Rupees two Thousand per month penalty both concerned Designated officer and ALO.
Thus the Advocate from Legal Department of MCGM has committed mischief and allowed the Hon'ble Judge to pass Order allowing N/M on same day of filing N/M. This will affect my pending Suit where I have taken out N/M for cancellation of the Occupation Certificate. I am not party to the Suit where said N/M was made absolute. I can’t decide what to do in this Case therefore I approach to you experts. Please inform me how to get set aside the said Order of Court in directly making absolute N/M on the day of same Notice of Motion was registered and tendered before Court. Whether any error of the Hon'ble Court. What are Rules to pass Order in Notice of Motion kindly be inform to me.
Thanking You
Devrath Roy
11 December 2016 at 05:45
Hi,
I want to purchase a freehold residential land in Ghaziabad,U.P for Rs.12,00,000 from an Individual seller on resale. This land is not approved by any developent authority. I have only Rs. 5,00,000 to pay now, and for payment of remaining Rs. 7,00,000, I and seller have decided to pay through monthly EMI of Rs. 10,000 for 840 months. Hence total amount i will pay Rs. 13,40,000 for that land which is inclusive of both principal and Interest.
I want the land to be registered on my name.
To execute a separate legal contract between me (Buyer) and Seller so that seller should entitle the recovery rights from me and I am obliged to pay the remaining balance amount payable on EMI of Rs. 10,000 for 840 months (Total 8,40,000) in cosideration of land of Rs. 12,00,000.
Please suggest me the best legal process to be followed which would entitle me (Buyer) the ownership right of the property and entitle the other party (the seller) the recovery rights of balance amount payable on EMI of Rs. 10,000 for 840 months (Total 8,40,000).
And please suggest me the process of land registration and sale deed execution while purchasing property in ghaziabad. How this sale will executed.?
Please address my both queries above.
Regards,
dev
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