Jagadish KV
09 October 2015 at 17:08
Dear Sir,
I request for a sincere advice for the following.
A review petition is sought by UoI, in Hon. High Court. But UoI is not paying the necessary Penalty and other charges, intentionally. Thus, the notices to respondents are deliberately being delayed.
Is there a legal provision, under which, the affected party, can take up the matter to Honorable High Court for Dismissal or Speeding up the issue of notice.
Would be grateful for a kind & considered advise at the earlier time.
Regards, Jagadish
ckanta
09 October 2015 at 00:49
Sir,
Plaintiff has filed one suit for specific performance on the basis of unreg. agreement to sell .However our defence is that he has obtained the sign on gun point and we have also made complaint in Police station.I have already transferred the property by way of GPA in favour of my wife 2 years back before the date of agreement to sell filed by plaintiff. The case is now listed for final arguments and my wife has moved application uO1R10 cpc to implead her as party as she has Power of attorney in her favour in respect of which plaintiff is claimimg possession. what are the chances that she may be implead as a party as in the reply given to aplication plaintiff quoted judgements which says that stranger to contract cant be necessary party in suit for specific performance.
Please advise some judgements which says that as she is having POA in her favour so she should be implead as necessary party in the case.
thanks!
ckanta
09 October 2015 at 00:39
Sir,
Plaintiff has filed one suit for specific performance on the basis of unreg. agreement to sell .However our defence is that he has obtained the sign on gun point and we have also made complaint in Police station.I have already transferred the property by way of GPA in favour of my wife 2 years back before the date of agreement to sell filed by plaintiff. The case is now listed for final arguments and my wife has moved application uO1R10 cpc to implead her as party as she has Power of attorney in her favour in respect of which plaintiff is claimimg possession. what are the chances that she may be implead as a party as in the reply given to aplication plaintiff quoted judgements which says that stranger to contract cant be necessary party in suit for specific performance.
Please advise some judgements which says that as she is having POA in her favour so she should be implead as necessary party in the case.
thanks!
Amol
08 October 2015 at 21:12
I am a practicing Lawyer
A member holding a Commercial Gala of 5500 Sq ft covering entire ground floor area of the society.
the said entire area have been considered as only one unit and the society has been charging the maintenance to the said member according to the area in his possession and ownership.
in the building plan the same is shown as a one unit only and 26 years back while issuing share certificate for the entire area only one share certificate has been issued by the society mentioning the said entire area therein.
however now the gala owner wants to sell part of the commercial premises due to loss in the Laundry business which he is conducting there.
but now after 30 years he is asking the society to issue him 10 share certificates on the ground of his alleged claim that the entire area comprised of 10 units.
he is asking 10 share certificates because he wants to sell the part premises.
So can the experts of this field please guide me as to whether his claim is tenable in Law ?
can society issue 10 share certificates if yes under which provision of Co Op Act or bye laws ?
what are the condition or requirements society ask the member to fulfill before issuing any such 10 sharecertificates to enable him to sale the galas in future ?
whether society ask him to amend the building plan first before taking any step of issuing any such 10 certificates ?
please guide
Ankit Wahi
08 October 2015 at 21:10
Which ipc is applied to person drinking in public place
rahul
08 October 2015 at 13:58
Respected Sir,
What is the fundamental difference between O. 11 R. 1 & O. 12 R. 4 ?
Because I can get admission or denial of fact in both of them.
I am planning of filling application for interrogatories where I am expecting admission of fact or denial through question. My perception is that if court gives permission to file interrogatories then court will refuse the permission to admission of fact (O. 12 R. 4). & if I ask for permission to admission of fact (O. 12 R. 4) & it is give by the court then court will refuse the permission for interrogatories.
I want to make use of both of them. Whether prior permission of cour is needed to issue notice under O. 12 R. 4 to admission of fact ? What is the procedure to make use of both provisions.
Thank You.
Venkatesh
08 October 2015 at 10:01
Sir, In a Land case
An Exparte decree was given by the court due to my absence.
With in How many days i want to approach court to set aside that exparte decree.(Land case)
Is there any time limit? if yes how many years?
r.pratap
08 October 2015 at 08:00
Sir.
My query is that I want to give loan of 2.5 lac on interest to my known person , what agreement should I make , on stamp paper or or by revenue stamp or simple paper .in case cheques given without date and amount whether i t alone wll do.
Thanks for reply in adv.
saleem
07 October 2015 at 23:26
Hi,
I made a sale agreement with a GPA holder 8 years ago paying him a token amount in cash.GPA holder and i had the sale deed endorsed as and when i payed him money in installments.finally i was suppose to make a last payment to get the property resigtered on my name .Now the GPA holder is not responsive.Also i came to know that the GPA holder doesnt hold possesion of the property, his brother is living in the house and his brother is not the owner thou.gh.I also came to know that the original owner who gave GPA to the person who made sale agreement with me is no more.As per my research his GPA becomes invalid as the executor is no more.
what options do i have now to claim that the GPA holder sold the property to me and now evading from registration also the possesion of the property
Non-filing of appeal against trial court order
I filed a suit in the court SCJ/Rent Control (West), Delhi apprehending forced eviction from my rented accommodation. After years long proceedings the court dismissed the suit. Due to one or the other reasons, I could not file an appeal against the dismissal order. Now, the landlady has filed a suit for recovery of rupees five lakhs as damages caused to her. Non-filing of appeal by me against the dismissal order by SCJ/Rent Control, has been sole basis of the present suit for recovery of damages.
Is it necessary to file appeal against any adverse order ? Can the landlady is entitled to get recovery of damages on this sole basis ?