V K
12 April 2016 at 22:25
Hello all,
Suit was filed for granting partition and future mesne profit under order XX rule 12(1)(c) of C.P.C.
How is mesne profit for agricultural land calculated in case of coconut orchard and rice fields as I am unaware of how much yearly produce was gained by defendant for a period of 20 years?
Can interest be charged on said amount and at what rate?
Also does onus of proving mesne profit lie on me as petitioner and if yes how will i be able to determine it since agricultural produce fluctuates yearly?
Lorax Michael
12 April 2016 at 19:49
JOINED AS ASSISTANT IN LIC IN 1997, PROMOTED TO NEXT CADRE IN 2001, ELIGIBLE FOR NEXT PROMOTION IN 2006, MEANWHILE GOT A DEPARTMENTAL EXPLANATION LETTER IN 2006 FOR ACCEPTING A CHEQUE IN WRONG CODE FOR A WORK DONE AS A PANEL CASHIER IN 2000.AND THEREAFTER PROMOTION WAS DENIED UNTIL 2010 WHEN MY NAME WAS PUT IN THE SEALED COVER AFTER SEVERAL REPRESENTATIONS WERE MADE TO HIGHER AUTHORITIES. THROUGH RTI LIC ALWAYS DENIED THAT ANY CHARGES WERE FRAMED AGAINST ME. IN FEB'2013 WE MOVED TO HIGH COURT WITH A WRIT PETITION AND IN AUGUST 2013 LIC GAVE ME A LETTER OF CENSURE AND NY SEALED COVER PROMOTION WAS WITHHELD. BUT IN 2014 CASE WAS REGULARISED AND IN 2015 WE APPEALED FOR EARLY HEARING WHERE THE APPLICATION IS REJECTED BY THE JUDGE AS IT WAS NOT PUT PROPERLY BY OUR ADVOCATE.NOW OUR QUESTION. IS THERE ANY CHANCE THAT IT WILL COME OUT OF REGULAR OR WE SHOULD LOSE THE HOPE AND WITHDREW THE CASE AS WE WERE MISGUIDED BY OUR LAWYER.
PLEASE SUGGEST.
Nikhil
12 April 2016 at 17:00
One of my client (Company) and a sister concern proprietorship firm has been raid by tax authority (Service tax, VAT) for non payment of dues since 6-7 years despite collecting tax and carrying on business.
He currently does not have any money to pay to the tax authority due to losses in the business. Neither he has any asset on his name, can he apply for insolvency and settle the same?
He is also looking out for an advocate (Mumbai Based) to help in this regards, do let me know references.
Member (Account Deleted)
12 April 2016 at 16:47
I had purchased 20 cents of land from the 50 cents owned by uncle, and I constructed boundary wall adding additional 0.5 cents from his land, with his oral permission, to solve the spacing issue of my proposed house plan. But after re-survey the records shows only 20 Cents on my name, may be some error from surveyor or he documented the Title Deed area without surveying, instead of showing the actual land ie. 20.5 in side the boundary.
So, Can I get it corrected as 20.5 cents even though my title deed area is 20 cents only. My uncle has no objection and ready to give any written statement in this regard.
I just want to show 20.5 cents in my possession in re-survey records even though the actual area as per title deed is 20 cents. Even at the time of re-survey the actual area inside my boundary was 20.5 cents but due to error from surveyor's side it was recorded as 20 cents.
PRAMOD
12 April 2016 at 13:45
we are done compromise decree for our agricultural land property in 10.04.1981 now after 35 years 01.04.2016 the plaintiff suit in court on the ground that the compromise decree was done within 15 days notice(i.e. done fastly that time )
Is there any limitation period in case of compromise decree .
& what grounds they have challange to compromise decree
please suggest case laws in favour of they have not challenge to compromise decree & there appeal dimissed.
K.D.N.Reddy
12 April 2016 at 13:13
Hi
Gift settlement deed and settlement deed are same or any difference between them sir kindly help me
rajini kanth p
12 April 2016 at 13:07
on which grounds we have move for appeal for further court plz provide valuable advise from experts..
regards
sumit sharma
12 April 2016 at 11:49
If a third person wishes to become a party to the suit through an application of O1 R10 CPC, and if he linger on the case through adjournment before the final disposal of his application, how far his adjournments are legal. Is there any rulings of Supreme Court regarding adjournment?
Member (Account Deleted)
11 April 2016 at 23:27
I came across one case was curious
1) Original suit was dismissed under Order IX (Rule 3) --- When neither party appears , suit be dismissed
2) Then Plaintiff filled suit for restoration under Order IX (Rule 4) --- Plaintiff may bring fresh suit or Court may restore suit to file
3) Plaintiff filled suit against dead defendant (Restoration of suit ) --- Here legal heirs appeared looking at court website suo moto
4) Suit is nullified (Because suit against dead person has no consequence) , I suppose Plaintiff may move application for set aside of abutment and delay condolence , Which he will fail
5) What are the remedies for Plaintiff now to get relief which he had claimed in original suit .
Was curious to analysis this procedure blunder done by some one in one case observed
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Cantonment act for unauthorised construction on cantonment land.
The illegal structure is built on cantonment land about 8 years ago and cantonment has sent the notice to the landlord 1 to 3 and also a tenant relative/advocate by profession at no 4 staying in the sane building.The landlord 1 to 3 along with tenant/ relative at no 4 approached the civil court for the stay against the cantonment authority to stop them to demolish the illegal structure.The illegal structure is a nuisance to the neighboring building for their through fare and also for passing the vehicle like ambulance/fire tenders etc. The matter is at hearing stage and the present situation is that the applicant at no 4(tenant/relative/Advocate)is expired a year ago and his wife is having property dispute with the landlord 1 to 3 of the suit property and not willing to cooperate with the claim/Defense of the landlord 1 to 3 that the illegal structure is existing since last 75 years and no one has objected for the same hence we have got the adhoc possession and now we are the owner of that land.Now after the death of the applicant at no 4 how his wife can enter into this case to bring the actual facts of the illegal structure.Is it possible to give her application in the same case stating about her husbands death and how he was wrongfully made a party against the cantonment board to fight a false case.We have already approached the cantonment board Advocate and narrated him the whole story about it. The experts are requested to give their opinion to smash this case which is on false ground. We have enough evidence like old photographs/neighbors ready to come and depose in the court. but how it is done legally to dismiss this case of the landlord 1 to 3.