Toughest2016
08 February 2016 at 12:12
Hello Dear Learnered Experts,
Have researched and have asked with few of learned members in person on the question and was not able to arrive at a conclusion. Please provide your most valuable suggestions.
I have a divorce case running. I filed divorce other party filed RCR. Wife side has given WS to my petition. I am submitting my WS for RCR now.
In RCR they have mentioned 2 dates and certain occurances. On both the dates I was in a different place and hold public document to prove my claim. Please suggest, should I reveal my proofs or mention that I hold valid documents in my WS objection for their RCR or plainly deny without mentioning anything.
Your valuable suggestion would be greatly helpful.
Thank You.
ANJANEYULU BANDA
08 February 2016 at 12:07
member is asking for watchman premises on rental basis. If not given threatening of disrupting society meetings. We are 32 members all are peace loving people.Please advice. Member is abusing watchman and expecting committee members to act fast to his demands. how to deal with such elements legally ? please let us know whom to consult what action to be taken.
Ashok kumar
07 February 2016 at 20:49
I have joined in railway on open completion exam after technical resignation. Which benefit I am entitled as per rule
Balaji Bakthavathsal
07 February 2016 at 18:02
In a Civil Suit, before commencing the trial in the lower court, issued are framed by whom ? By the judge of the concerned court, by the plaintiff lawyer or by the respondent lawyer ?
In the lower court, in a civil suit, the respondent filed an I.A. with the prayer to dismiss the plaint as res-judicata but the lower court passed an order saying that the suit is not res-judicata though the property is one and the same, the plaintiffs are different and the prayer sought in the plaint is different. The respondent took up the matter to the High Court and filed a CRP and the High Court too dismissed the CRP and upheld the suit filed in the lower court. Under these circumstances, the issued were framed in the lower court and one of the point in it is whether the suit is barred by the principal of res-judicata. It is confusing when the very same lower court has dismissed the IA saying that it is not res-judicata and the High Court too upheld the lower court’s decision, how come again the point is raised ? Can you please the learned lawyers elucidate ?
Thanks & Regards
Balaji
dadu nikhilendra singh
07 February 2016 at 14:04
If issue of limitation not framed, can point of limitation be raised in arguments. If no what should i do.
Please suggest.
R.akhila
07 February 2016 at 02:00
Dear sir
In 2004 i have obtained injunction and decree passed for my self acquired properties againt my younger brother as he was demanding partion of it. In 2013 we 4 brothers and 3 sisters entered into mutual agreement(muchalika) in plain paper which stated that all of them will give their shares in fathers house to me ( parents passed away) in turn for which i should give each of them part of my agricultural land.It was secified that within 30 days it has to be registered.But due to differences that arose it wasnt registered and implemented . But my problem brother filed partition suit with the photocopy of the muchalika, (after which my village panchayat people cancelled and tore the muchalika agreement and it is with me.) in the district court demanding partition of my properties and fathers home. Trial has commenced but he instead of proving his status, filed amendment petition stating that if the court would decide that he is not eligible for the partion in my properties, the court should pass order to implement the muchalika. The court has allowed his petition. Shall i proceed with the case or obtain stay order in the sessions court or file revision CRP in high court.Pls answer me
SANJAY
07 February 2016 at 00:53
Dear All Experts,
Sirs, I have asked a query about the subjected matter to the experts on this website,In response to that I received so many expert's opinion, accordingly I took steps as per one of the expert's advice , & contacted local lawyer , unfortunately the lawyer influenced by the opponents as I live long away from my native place , I couldn't able to observe what actually happen with my case , when I visited my native I found my share of land was transferred to my younger brother account & he sold this land to local land mafia by giving bribes to all revenue peoples , the deed performed without my knowledge , as father given me 4.5 Acres of land my brother with help of land mafia & other corrupt peoples in Tehsil kacheri, I want my share as per the will of my late father, but when I went at my land the mafia attacked me with all his family members , I was all alone & I can't do any thing against them, I file a complaint in local police station , but they had a nexus with mafia who regularly paid them money to neglect his illegal activities, after that, I couldn't find time to follow up the issue as I was only earning member , My children are studying , to earn their livings I have to rush to place thousand kilometers away from my resident. for survival of my family I went to work place, In that period my brother , sister in law joining with mafia perform all the conspiracy against me. The sale deed was performed in year 2007, my lawyer avoided to file the civil suit to challenge the sale deed & other illegal activities performed by my opponent They kept me in dark & in my visit to native my brother told me he has given tha land to mafia for cultivation for two years. Now I was found my self cheated & looted by opponents , My local lawyer telling me that we can not file the suite because the time limit of filing suite is exceeded. I was frustrated feeling cheated , I submitted a grievance on national grievance portal of India , Next day I recd. a mail asking that my petition sent to my state for taking necessary actions at Mumbai they also put the name of officer who will proceed my petition further, but after three month five months when I didn't recd any reply from Mumbai office , I contacted the office on telephone to know the status of my grievance but my all efforts were fruitless finally I wrote to Chief minister about my case , he ask the concern officers to take action on it, then I received a mail from Mumbai office attached with the letter send to District collector of my native asking them to take an action & resolve the matter within 15 days, but I didn't receive any reply from collector's office in 15 days I contact them on telephone & face the same reactions as I get it from Mumbai office , I started following up regularly & after three months of my follow up I received a phone call asking me that they have sent my matter to my native place Tahasil office for necessary action again delay process repeated & I come to my native to follow up my case , one year has been passed after filing the National grievance portal , I meet the SDO & ask him to register the land on my account as per my late father's will, He ask me to get the will probated from court , again I contacted local lawyer but he said , It is difficult to prove that the will is original because the witnesses who sign on will paper is My Late mother & one typist of my late father's office who typed the will , He also not alive, my lawyer said that He will file the suite against the opponent in civil court , but he can't assure that,the result of case in my favor. My brother sister in law , Sister know that the will is genuine because after 3 months of my father's death we found this will in our house, I immediately take the photocopies & handed over these to all beneficiaries who are given some share of my father's self acquired property, now the situation is that the mafia who grabbed the land is taken cash crops in my land using our well from 2007 till today , Police are not helping me , Revenue authorities are also not taking any action my lawyer telling me that time limit has been crossed , & for filling the suite I need lot of money which I don't have because I lost my job due to the depression followed by panic attacks due to looting my all property , I know it quite lengthy but I don't want to miss any details the expert miss to understand the case though , I forgot one thing to mention here that, My brother make one more will & forced my late mother to sign it & get it registered from notary mafia guide him to do it. on that basis Talathis transferred my share of land on my my brother account without my knowledge . I don't have money for living , Even though I do not loose the hope because I strongly believe on slogan " Satyamev Jayate " please help me by guiding me in a proper way to build confidence in me. Looking forward to receive prompt advice from all the experts in this matter.
Need not to say thank all of you people again & again.
Yours Truly,
aawak9
Attachment Letter issued to district collector fro state authorities Mumbai
ARoy
06 February 2016 at 23:45
Thanks for all your responses...
amit
06 February 2016 at 23:05
husband wife 20 sal se alag rah rahe the 125, ghareloo hinsa or husband ki 2nd merrige ka case bhi wife ne lagaya tha. wife ki accident me death ho gai he. uske 2 bachho dwara claim case lagaya he. unke pita ne doosra case file kar diya he. is condition me kya use claim milega
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Affidavit evidence
Whether additional evidence by way of affidavit evidence can be given in civil suits.??