rahul
14 January 2016 at 17:46
Respected Sir,
Fresh suit has been filed by plaintiff & earlier suit was withdrawn with liberty to file fresh. Article 59 & 65 & section 14 of limitation Act is applicable. Before numbering the suit court registrar had taken the objection of limitation & thereafter Plaintiff satisfied the court on the point of limitation. Court recorded that suit is prima facie is in limitation.
Now defendant asking to frame preliminary issue on limitation & if preliminary issue of limitation is framed then who is responsible to prove that suit is in limitation ? Is it plaintiff or Defendant ? Plaintiff has already proved to the court that suit is not barred by limitation by virtue of section 14 of limitation.
Ranjit
14 January 2016 at 17:36
I had Rs 30,000 pending on the year 2008 now after 8 yrs they found me from social sites and calling and harrassing my family nd friends to pay 3 Lakh.
I heard after 3 years it gets barred then why r they still looking for me.
please advice
Member (Account Deleted)
14 January 2016 at 16:50
ARUN received a property/land through gift deed in 1995.
His brother RAJ wanted to take a loan from bank in 2002 after pledging the above land of Arun’s. Arun waived away his rights on the said property through a 100rs stamp paper. RAJ got the loan sanctioned after pledging the same land. In 2011 RAJ had fully repaid/settled the loan.
In 2016 there arises a dispute for the same land between ARUN and RAJ.
ARUN approaches court with the gift deed of 1995. RAJ counters with above mentioned 100rs stamp paper.
WHO IS THE LEGAL OWNER OF THE LAND AND WHY?!
Hira Kan
14 January 2016 at 14:37
We are investing Rs. 20 Lacs in Construction.
The Builder is ready to Morgage 1 Flat in my Favour.
Now,What would be the pros and cons of this transaction.
Can we enter into MOU or Morgage Deed or Any other Agreement ?
What would be the Stamp duty and Registraion Charges ?
Please suggest the way out, if possible.
Naga
14 January 2016 at 00:54
I filed a consumer case in Tamilndau redressal consumer forum in 2013 against a builder for not providing all the amenities and refusing the interest that the builder asked that was mentioned while booking the apratment.
I paid the full cost of the building and the apartment is registered in my name but I did not get the keys.
The court case went on for two years, a person from court visited the premise and verified that the ameneties mentioned in the brochure was not fulfilled, the builder's lawyer DID NOT attend any of the hearings and atlast recently on January 1 st week, it became ex-party and judgement came in favour of me. There was no one from the builder side during the judgement also.
The judgement request the builder to pay the keys, pay 12% interest from the date of booking for the cost of the apartment, mental agony charges etc in two months time. I though with judgement, everything is over but looks like nothing has happened yet.
I have sent many mails to builder and they seems like planning to appeal. I am fed up and want the keys to my house. I have asked them to return the keys and proceed with the appealing for other things but they are not agreeing for that also.
I have following questions.
1)The builder lawer never attended any hearings and and what basis they can appeal? Will the court not ask them why they did not object before in previous hearings?
2) What options I have to get the keys and money or atleast only keys from the builder.
3) I have paid all the amount of the cost of the building.
Having judgement in favour of me, and waited for 2 months as per the judgement, what will happen if I break in to the building and start using it. What precaution I should take legally to safeguard me in such a case.
4) What will happen if the builder appeals? First of all builder did not come for hearing(more than 6/7 hearing atleast) as he never had anything to argue and how will they appeal now?
5) What other options I have in such a scenario.
6)Is it true that they cannot appeal in court which delivered judgement(tamilnadu state) and they have to do it in Delhi?
7) Under what circumstances a builder oblizes an judgement order?
I have been suffering for 2 years in this case and really fed up. For 2 years the house is locked and not used inspite of me paying all the money.
Appreciate lawyer communities valuable help and suggestions.
Anonymous
13 January 2016 at 22:35
wheather suit for recovery or for redemption of money mortgaged can be filed against the auction purchaser or bonafide purchaser after confirmation of sale and in posession?
If yes then what is the limitation?
The money in question was given to the owner of property which was given to auction purchaser in sale from bank and the purchaser was not aware about that mortgage and now what is the liability of auction purchaser over that money?
rajesh karnik
13 January 2016 at 21:41
Respected Sir,
Defendant has filed notice of motion to frame preliminary issue under section 9A of CPC & I have file reply to it on next date.
9A says that after filling application under 9A, all other proceeding in suit are stayed.
Can I apply to the court for amendment of plaint before filing reply to the notice of motion ?
Thanking you.
rajesh karnik
13 January 2016 at 21:38
Respected Sir,
the Division Bench of supreme court while interpreting the provisions of 9A of CPC 1908 in Foreshore Cooperative Housing Society Limited vs Praveen D Desai (D) Thr.Lrs. & Ors on 8 April, 2015 held that the
the provision of Section 9A as introduced by (Maharahtra Amendment) Act is mandatory in nature. It is a complete departure from the provisions of Order XIV, Rule 2, C.P.C.
Mr. Nariman, learned senior counsel appearing for the appellant put heavy reliance on the decision in the case of Ramesh B. Desai vs. Bipin Vadilal Mehta, (2006) 5 SCC 638, for the proposition that a plea of limitation cannot be decided as an abstract principle of law divorced from facts as in every case the starting point of limitation has to be ascertained which is entirely a question of fact. A plea of limitation is a mixed question of law and fact. In our considered opinion, in the aforesaid decision this Court was considering the provision of Order XIV Rule 2, CPC. While interpreting the provision of Order XIV Rule 2, this Court was of the view that the issue on limitation, being a mixed question of law and fact is to be decided along with other issues as contemplated under Order XIV, Rule 2, CPC. As discussed above, Section 9A of Maharashtra Amendment Act makes a complete departure from the procedure provided under Order 14, Rule 2, CPC. Section 9A mandates the Court to decide the jurisdiction of the Court before proceeding with the suit and granting interim relief by way of injunction.
However, it is made clear that in other cases where the suits are governed by the provisions of Order XIV Rule 2 CPC, it is the discretion of the court to decide the issue based on law as preliminary issue.
It means that when any objection is taken under 9 - A of cpc which goes to the root of jurisdiction of court, It is mandatory for the court to frame & decide preliminary issue even if it is a mixed question of fact & law ?
Devraj Roy
13 January 2016 at 15:02
Hey my name is Devraj Roy... I am 20 years old... When my age is 18 in dt time a accident was done by me... I hit a 4wheeler by my bike... And the owner of 4 wheeler cased on me... And still d case is painding in court... My lawyer said that I have give some fine in this year after court give us some chalan...
Now my question is if I give d fine in time TN is dz case will be create any type of problems in my career..??? N what type of problems I have to face?? Plz help me..
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Legal proceedure to disown ones property/land
IF I OWN A PIECE OF LAND AND WISH TO REFUSE MY RIGHTS/CLAIM OVER THE SAME LAND...WHAT IS THE LEGAL PROCEDURE TO DO SO.
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