inderjeet
16 January 2016 at 21:03
Case in civil court is to be filed against the private organisation of Administrator and Secretary who are nominated by the Head of Society. My query is that Head of Society has also concern with the present case being Head of Society and can be made party. Please advice
Sunny MP
16 January 2016 at 16:46
Meghalaya government filed a appeal before the Hon'ble Supreme Court of India related to CMJ university Meghalaya.
If it is possible to get a copy of appeal petition from Supreme Court website.
Please give information
Sunny. MP
Ernakulam
Kerala
Aruna Kumari Andy
16 January 2016 at 11:45
Sir/Madam
As per the provisions of Order VII rule 10 cpc, a plaint can be returned in certain circumstances. The question relates to maintainability of an appeal on the foot of return endorsement. Returning of plaint do not hit the definition of decree as under Sec 2(2) of CPC because of the reason rights were not yet been decided or adjudicated. In such scenario how an appeal is maintainable? if appeal is permitted under law whether the same provisions can be recoursed?, if returned plaint hits the provision of order VII rule 10(a) of CPC.
Aseem Vaishya
16 January 2016 at 10:33
A Revenue forest land is allotted to us by Ministry of Environment and Forest for use of Petrol Pump and Allied services at Gwalior. The land in revenue records is mutated in FOREST name (11.5 bigas).
While the allotment process was going on One Sarmanlal filed a case in trial court saying the same land was cultivated by his father so on basis of adverse possession the same shall be mutated in his name, he lost the case up to Apex Court on delay and Merit.
In meanwhile Ministry of Environment and Forest allotted 0.720 hectares of land (out of 11.5 bigas) to us for use of Petrol Pump and Allied services under Forest Conservation Act 1980 Section 2 and after completing all the formalities land was handed over to us in 2013.
Now Mother, Brothers and nephew of Sarmanlal again filed the suit in trial court claiming the same land as legal heirs of Shankarlal who was father of Sarmanlal on the same ground and all the documents filed are certified copy of earlier case.
Our lawyer filed an application under order 7 rule 11 with all documents and copy of all judgements passed in earlier case by Sarmanlal on basis of res judicata and court fees (which they have estimated very low then guideline rates) during this in March 2015 Bhagwan Devi W/o Shankarlal and mother of Sarmanlal and others passed away.
Plaintiff filed and an application under order 22 rule 4 to take sarmanlal on record which court accepted and amendment in plant was made with Sarmanlal as a legal heir of Bhagwan Devi.
Our lawyer is now filing an application under section 11 of CPC to decide the case on basis of res judicata.
Here, I would like to mention that our application of 7/11 is still pending and we feel judges mind is bent towards Sarmanlal's family.
Could you please guide us whether we are going on right track or some other steps also should be taken by us and also request for some citations in above matter?
Thanks & Regards
Aseem Vaishya
9425116694
Aruna Kumari Andy
16 January 2016 at 10:31
Hi Sir,
A sale agreement was made between two parties , partial payment was done for certain amount, and the possession rights on the property was give, and the same was written in the agreement. specific performance with in stipulated time have not done, so a petition was filed, the judge dismissed the suit saying possession of rights were not registered....now what is the fate of agreement and rights of the grieved party ?
it is only a legal doubt, not related to any case?
SAKET
15 January 2016 at 15:34
Dear Sir,
we were enjoying cash credit limit with HDFC Bank Ltd right from 2011.In October first week i have applied for seasonal loan to fulfill my needs,in second week higher authority of credit department alongwith my relationship manager visited and verified our shop and also taken necessary documents required and some blank signed letter head & committed it will done in week time.
But thereafter till 17.11.2015 i.e.due date of renewal of our facility,there was no communication from bank.meanwhile we tried to communicate ,we dont get any response from them.
and for this reson of lack of priority to a preferred customer like us ,i have decide to switch our account to icici bank after the expiry of renewal date.
On 01.12.2015 bank have debit us renewal fees without my knowledge or any communication.When ask them how could you debit renewal charges without any our confirmation,relationship manager answered me that-We have you renewal request on your letter hesd hence renewal done and if any other bank wants to take over your facility you will have to pay foreclosure charges @2.29% as per terms and condiition in sanction letter.when i read sanction letter i come to know that ,in case of takeover during the tenure of loan i will laiable for 2% charges, but my tenure is lapsed on 17.11.2015. when i request him to assist and waive the said charges,i got shocking answer that he is just an employee.
Further i tried to communicate higher official,national head of said department,grievance redressal office regarding same matter but they are not entertain me at all.
I didn't apply for renewal nor accepted and
signed any sanction letter.
please help me and advice me what to do now
jijesh
15 January 2016 at 15:03
my brother is staying in pune on rent for last 1 year in an apartment.we had got it through agent .after the completetion of the agreement,we have renewed the agreement with owner of the flat without any involvement of the agent.all the documentation is dpne by us and the owner.have not involved agent on any means. Am i liable to pay the commission again to the agent.It is mentioned in the agreement that "15 days commision for any renewal of lease from the LICENSOR and LINCEE or the approaching party for S.M.REAL ESTATE"
The agent is claiming me that we are laible to pay him commision for the renewal as well.
kindly advise
prash
15 January 2016 at 07:26
Legal help required in the Consumer Protection Act.
Brief description
1) under section 27, Can I file EA on the priority basis, in respect to only one specific decree about flat possession as ordered by the state forum?. I am afraid, FA disposal may take long time so wish to rush for the possession.
(In the FA, opponent appealed to set aside the state forum order aside.., But here is no merit in his allegations...moreover, opp did not specifically prayed against the flat possession decree... Full payment has been settled by me with opp party as per the state court order)
2) There are 2 other decrees in my favour in respect to the compensations...And I want to file separate EA for compensation decree under sec 25, once the FA by the Opp (in pendency) is disposed off by the National forum... Is it possible to proceed this way?
Ld. Experts please advice on my queries 1 and 2.
Many thanks in advance.
Member (Account Deleted)
15 January 2016 at 05:15
Can a person relinquish his right over the inherited property through 100rs stamp paper?!
RAJ took a bank loan after pledging a piece of land, Bank before sanctioning the loan wanted his brother ARUN
to relinquish his rights over the pledged property. The loan was sanctioned. ARUN neither transferred his property nor was he
a collateral to the loan.
NB! IN REALITY LAND IS ARUNs.
My queries:
1. What if Raj doesn't pay the loan...Can the bank take the land and sell?!
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Bank avoiding to release security papers even clearing loan amount.
Swaraj Urban Bank acknowledge in writing of receipt full loan amount on 4/6/2007 but bank avoiding to hand over my original papers of my home which I mortgaged with bank for loan. Bank officials are insisting me for some cash amount from me to release security papers.
Kindly advice me how I can get my security papers release from bank.
Thanking you,
Yours faithfully
Bharat G
atbcentre@rediffmail.com