M Satyanarayana
27 September 2015 at 22:52
Sir,
It is a very rare case where litigant have to contest both suits due to wrong civil procedure code
I filed partition suit against my sister where my sister claimed entire property. My petition was allowed I got my share. Now I am decree holder and my sister is judgment debtor. My sister created false agreement of compromise with false consideration amount in cash
My suit is still pending for final decree when one suit is still pending and now a new suit and I have not executed document and my sister earlier claimed the same property on forged Will. How can I protect my rights over the property. When I am going to get possession of my property.
M.SATYANARAYANA
Anil Malik
27 September 2015 at 19:35
Hi,
I run a shop of garments in AMRITSAR, on a rented premises from last 35 years. Besides me there are 6 other tenants running there businesses.The building has been sold by the owner to some powerful builder without any notice to us. We fear that the new owner shall try to evict us by using pressure techniques. So we obtained an order for permanent injunction from the civil court the next date for which is fixed for appearance.
May we have any guidance about our rights by some learned expert, we shall be grateful.
rajan chopra
27 September 2015 at 17:24
Sir in a suit for recovery based on an agreement to sell a piece of land an application u/o 39 R 1 and 2 CPC was also filed with main suit.After consideration the application was dismissed by court stating the reasons " That the applicant has proper and specific remedy and recourse at law in that regard so as to prevent disposal of property to defeat the lawful claim or say decree as might be awarded in case he succeeds to establish the same in accordance with law �so this application at the outset does not appear to be maintainable and the same is meritless."Application stands disposed off accordingly being dismissed.Sir I want to know that as per order of dismissal of application what is the proper and specific remedy and recourse at law in that regard so as to prevent disposal of property ?
Venkatesh
27 September 2015 at 10:07
Sir,
A will was written by the property owner Mr.A in the year 1966 and it is registered. In will the matter is like this "After his death his property should enjoy 50 percent by his wife and 50 percent by his brothers children". Mr.A was expired in the year 1970. After that a clash arised between Mr.A wife and Mr.A brothers children on the written Will. Mr. A wife approached court against Mr.A brothers children filing that the entire property should belongs to her only(She dont have Children). The deponants attended only once in the court and didnt produced the registered will and they were not attended the court for remaining times. In the year 1994 The court has given judgement (Exparte decree) to Mr.A wife as she is the owner of the entire property, with out noticing the registered will. Based on the judgement I was purchased the same property from her in 2011. After 21 years of judgement, Now Mr.A brothers children approaching court with registered will for their share against Mr.A wife. Is it favourable for them if they produced the will now? Is there any problem for me and property purchased by me?
rajan chopra
26 September 2015 at 22:49
Sir a complaint of cheque bounce is being filed by the complainant in the city A being the permanent residential address and transaction took place and cheque issued presented and returned bounced and notice sent from city A. Now at city B there is temporary and buisness address of complainant and permanent address of accused and bank of accused is situated and notice was received by accused at city B. Now can complainant file suit for recovery in city B or he has to file at city A ?
afreen khan
26 September 2015 at 22:06
hii its me afreen khan
1 yr bfore i gt mrrid n aftr 15 day of mrrige they snt me back to my moms home bcoz we nt able give dawry(dahej) n nw my hsnd filed patition right U/S 281 what i m supos to i dnt plz guid me
Dr. Shekhar
26 September 2015 at 20:39
Order 18 / Rule 4. Recording of evidence by Commissioner.-
Can we apply under this rule for recording of evidences and examination of witness through video conferencing while party is overseas and can't come to India?
Dr. Shekhar
26 September 2015 at 19:48
I have strange problem of being hararssed from neighbours. Kindly guide under which law the case can be filed in court for remedy ?
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Can we make an application to deposit money with court in a
I entered into an written agreement to buy a property for 20lakhs with furniture fixture and renovation of bathroom & toilet. The written agreement was mutually rescinded before execution. Seller returned the cheque.
After few months, I again entered into an oral agreement for same property with conditions different then the rescinded written agreement. The amount was fixed at 16 lakhs without renovation / furniture and fixture.
Seller executed deed of conveyance but later started dilly dallying to get the deed registered and hand over physical possession of the property.
I approached court for specific performance of contract.
Other party in w/s claimed that there was only one agreement (referring to written agreement) and that has expired. He denies having an oral agreement.
He however has not denied executing the deed of conveyance, but is saying it was returned by registrar for anomaly in market valuation and he had no intention to fail in execution of deed.
Court granted injunction on transfer of property till disposal of suit.
Hearing of suit is yet to begin.
I want to deposit the entire consideration agreed in deed with court as I fear that at a later stage court may out of sympathy pass an order to pay interest and it will be an additional burden as money is kept in current account where it does not earn interest.
I have got different views from friends on this issue.
Few say deposit it with court, as it will prove your bonafide and you won't be asked to pay interest when decree is awarded.
Few say don't deposit as it will get stuck, as case may linger.
Shall I deposit the money with court?
If yes, then how? What application do I need to file ? What if lower court refuses to accept my plea to accept money deposit?