A petitioner has noted wrong date on the Original petition, an application to permit to appoint advocate, vakilatnama, address pursis and list of documents during filing of suit. The court registrar has taken affidavit of petitioner and registered the suit without checking the date and the court has granted the permission to appoint advocate without checking the date. The matter is on mediation and petitioner's evidence.
I am from respondent side. What should I do if I want to dismiss the suit?
We and our cousin resides in an old ancestral joint house. In the common courtyard of the house there are a septic tank constructed which effluent sewerage dirty water with acute smell. Every time my cousin used their bathroom, their septic tank outflow very dirty ( i cant prove here) and unbearable smell. Several times since last year we strongly opposed this culprit work but sometime they revert with their brother and police to lodge me in fake cases.
I AM ALSO PRACTICING ADVOCATE OF TAXATION, besides I am also have interest in criminal laws.
but ....as the doctor are not take self prescription, I am not at point what action should I take at once so that this problem may be solve.
1) whether I have to send him a criminal legal notice to remove this nuisance..
2) or I have to file a complaint in magistrate court
3) WHETHER WE CAN GO TO COURT TO GET INJUNCTION AND SEALED THAT BATHROOM N SEPTIC TANK.
Advocate Prashant Agarwal,
Aligarh
9760290825, 7037728511
conveniencealigarh@gmail.com
In 1964 my grandfather, my father and my paternal uncle purchased a property by means of registered sale deed an extent of Ac.0-54 cents.
Meanwhile my grandfather died in 1981 intestate leaving behind my father and my paternal uncle as legal heirs to his assets.
My paternal uncle started alienating the property and orally told us that he will take northern side and finally he alineated Ac.0-27 cents. whereas i alienated Ac.0-03 cents in southern side.
but recently he again alienated another Ac.0-08 cents in southern side which is in my share side.
My doubt is whether how to file a suit to recover my share?
can i file suit for partition? if yes i had already alienated Ac.0-03cents.
can i file suit for declaration?
Ramakrishna
27 November 2016 at 21:04
hi,
my business partner locked the firm and is not allowing to continue the work at firm.
upon arbitration discussions, he is forcing me either to buy or sell of share in the firm and partnership can not be carried any more.
I am not ready to sell the share as this is the only source of my living and can not carry a new business due to my age.
so i got ready to buy partner share at a regular market price.
in this scenario, he is setting/quoting a price which is not the actual market price of property and not agreeing for any other price.
to note, our partnership deed is agreed mutually but not registered in govt records.
please advise how to proceed in this scenario as approaching the police also not resulted anything
Anonymous
27 November 2016 at 11:42
Dear Exparts
My neighbour has purchased a car in the name of his father in law. In a case op has claimed that car has been theft by san in law. But Police has submit CD where car has recover from a service center where standing for servicing.police has order that car should be handover to registered owner and court has released it with bond @6lakhs (in bond copy op advocate has attested) and till case disposal car's nature character colour handover should note be changed.
Now this car has sold and the ownership has been changed from RTO.
Document collected.
Need your more and more way forward!!!
Is this matter should goes under court's order violation?
If its lying under order violation then what should be the judgement against violation of court order.
Is there any penalty against op's advocate.
Please help.
Regds
Rajjak
anubhav
27 November 2016 at 00:01
A shop tenant (in Punjab) is facing personal necessity eviction suit. The tenant wishes to leave ground floor which the owner needs in lieu of first floor, he (tenant) being ready to construct both floors on his own expenditure. Is anyone aware of such judgement by any court?
At this time the shop has only ground floor.
Rupesh
26 November 2016 at 23:15
proceeding under 41/D under Bombay public trust Act, applicant absent for hearing then too order being passed for dispossing off the matter with the charges dropped passed by Assitant charity commissioner court what is the remedy. Application for restoration filled ......what is a remedy for it. I myself is the applicant.
tauseef
26 November 2016 at 16:05
Dear Sir/Maam,
This is Tauseef
I was summoned in the lok Adalat for settlement of my education loan. But the bank did not appear before the court.
What should I do because I want to settle my loan through lok adalat.
M Satyanarayana
26 November 2016 at 12:03
Sir,
After preliminary decree, party to partition is supposed to file for final decree along with application for metes and bound and appointment of commissioner. If the application for metes and bound and application for final decree is dismissed for non appearance of counsel and to restore the dismissed petition what is limitation period for such application for restoration and whether it is treated equal to a dismissal of a suit or dismissal of application.
Please kindly enlighten me do I have a right to file for final decree.
Thanking you,
M.SATYANARAYANA
Claim petition u/o 21 rule 58 of c.p.c
mortgage decree. execution petition filed by decree holder. third party preferred a claim petition as he is a bonafide purchaser of the property. decree holder took contention that claim petition will not lie u/o 21 rule 58.
what is the exact provision for maintaining a claim petition?