mahesan
25 March 2016 at 07:56
A executed will infavour her daughters b and c. C second wife of d. C and his son died. Husband of c also died. Now who is legal heir of c' s son' property
jb mustaq
25 March 2016 at 05:10
Hello,
I have received a subpoena from a USA court which I am not sure it is all about.
In subpoena they say "Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material:"
They have said "I served the subpoena by delivering a copy to the named person as follows: by FedEx international priority"
and the company which sent the subpoena I don't know about them at all. Please let me know what I need to do as well does a subpoena from a US court has legitimacy for a Indian citizen who is not a US citizen.
Chandrashekher Tomar
24 March 2016 at 17:55
Dear sir,
I have filed a recovery suit in which defendant filed forged Document's photo copy that he has paid all the amount.
ii) Made false statement that he has not purchased any house in 2011 but fact is that I am having electricity bills of previous owner and after buying house in his name also.
iii) Made false statement that he has taken abroad to my wife and spend a lot of money for buying valuables for her but the fact is that my wife doesn't have passport.
Much more seven stories are there. Can I do any thing in section 195 with section 340 of Crpc. or any other procedure to convert this case into criminal case.
Sadanand B. Panchal
24 March 2016 at 17:15
Respected Experts,
On 15.02.2016 the Hon'ble Civil Court allowed my Chamber Summons concluding me as necessary party in Suit as such Plaintiff ordered to implead my name as defendant in suit within 14 days. Plaintiff prayed for stay of order to challenge it before the Hon'ble High Court. Court stayed said Order for 14 days and matter was adjourned on 28.03.2016 for trial of Notice of Motion in Suit.
Plaintiff neither impleaded my name in Suit nor obtained stay from Hon'ble High Court within 14 days from the date of Order. After 14 days Plaintiff filed Writ Petition under Article 227 of the Constitution of India before the Hon'ble High Court challenging said Order and served me copy of the same but as per Internet matter listed on 21.04.2016. Now the hearing of Notice of Motion in suit is on 28.03.2016..
If the said Writ Petition dismissed and Plaintiff go for amendment of Plaint, then Civil court will not in a position to accept the amended plaint after 14 days as per Order 6 Rule 18 Civil Procedure Code reads as:
18. Failure to amend after Order.-
“If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be unless the time is extended by the court.”
In the above circumstances kindly inform me:
Whether Plaintiff’s suit is liable to be dismissed on ground that, (1) My name was not impleaded in the plaint within 14 days and that, (2) Plaintiff failed to obtain stay to the Order of amendment within 14 days?
Plaintiff doesn't want to implead my name in suit therefore, filed Writ Petition.
Whether just filing of Writ Petition challenging any Order in civil matter amounts to automatic stay of the same Order?
Regards,
Sadanand Panchal
monty lamba
24 March 2016 at 15:50
Dear Sir,
Wish you & your family very happy Holi.
Sir,
I'M A defendant a civil suit.
1.Plainttiff file an appeal U/O 39 Rule 1-2 C.P.C, Dismissed by trial court.
2.Senior Judge appoint a Local commissioner without Applicant and respondent File application U/o 26 Rule 9 C.P.C seeking examination suit
premises,
3.Local commissioner demand the examination fees Rs. 7500 out of Rs. 15000 to me.
4. i was shocked & i had refused the paid amount, due this is process is without me & my advocate knowledge.
sir my quarry is :- what is the process without informing and without admit paid fee of local commissioner by respondent
please Suggest your valuable advise.
chander sahay
24 March 2016 at 15:10
Dear all,
I need some advice regarding tenant eviction.
Six years ago we gave our two room portion to a family. There is a lady, her son and a daughter. Her husband is working in Gulf country. They have their own house in Amritsar. The family resided for a year or two then they shifted to some other place. Then again in early 2014 they came back asking for room. At that time we were not agreeing as they delay the rent and electricity expenses every month when they resided earlier, but after long discussions we given them one room portion which was available that time.
Unfortunately my father died in June 2014. Our property is under a mortgage and also we have a car loan to pay, and we have no other income else rental income.
After even knowing our hardship the tenant was not paying rent on time every month. Now we had already told them to evict in month of October but to no avail.
We had not made any contract or agreement with them and even tenant verification was not done as that time was very hard for us we didn't realised this mistake.
Now many people in our neighbour hood along with our local MC had requested the lady to evict but to no avail. The lady's previous land lord too had locked her room several times for non payment of rent.
Now I want to know what course we can take.
1. What is the legal process? Its cost and time?
2. Can we just throw them out? Local MC and neighbours are willing for this step. They are ready to make an application and approach local police.
3. Or can we cut off their electricity and water?
Please help me and guide accordingly.
Swathi S Bhat
24 March 2016 at 13:07
My query is on ejectment suit which was filed as per TP Act for recovery of possession of shop premises and for damages. Can anyone clear me about the procedure regarding the damages i.e.,
whether any evidence has to be given pertaining to the damages in the lower court itself OR
the appellate court will order for damages when the tenant moves for an appeal OR
a separate petition i.e., mis petition has to be filed for the recovery of damages?
Now the stage is posted for arguments of plaintiff and the issue has been framed on the recovery of damages.
Ravindra Niphadkar
24 March 2016 at 12:17
My issue is not academic. The matter is in consumer court and OP has filed written statement in reply to the complaint.The issue is in written statement the OP has stated certain false statements which I would like to contest with appropriate evidence.The OP has first of denied receipt of registered letters/ notices which are 33 in numbers. The OP is a company and all letters were sent to the company,s registered addresses also to the Chief Promoters residential addresses. The OP has filed private criminal case which is prima facie false which can be easily proved in any court. This aspect I would like to put in reply with evidence in affidavvit of evidence.
The OP has violated the provisions of MOFA act i.e. maharashtra Ownership of Flats Act which was mentioned in the original complaint but relevant sections were not mentioned in original complaint which now I can mention in affidavit of evidence.
I have audio recordings of the OP i am not aware how to mention and present this evidence in affidavit of evidence.
My intention is the OP should not able to take advantage of few technicalities which will be at my disadvantage.
Glad that you have quickly responded.
Please guide me.
v.g.dhas
24 March 2016 at 09:48
There is a dispute in the boundary between my neighbor and me. in the mean time my neighbor has started construction work by serving me a caveat and with out leaving any offset between the boundaries of the property.
Now i find that my interest is affected in the boundary and in my easement right since building is constructed right on the boundary.
I have taken steps to file a case.since there is a caveat it is taking a longer time to complete the formalities.
The construction work is going on in full swing.
I live in chennai suburban coming under CMDA Authority.
Kindly clarify what will happen to the construction work that was already carried out when the case comes up. will my rights upheld or my neighbor gets the benefit since he has already constructed in his land.
regards
V.G.Dhas
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order issued creates an offence
Whether a government Department may issue an order compliance of which creates an offence under the provision of indian penal code.
please also state wheater such order is legal or illegal.
(2)if somebody put a fact voilating the provision under section 115 of indian evidance act please state wheater such fact is legal or illegal. please state wheather such fact is legal or illegal.