sumit
24 September 2015 at 21:38
Dear Learned lawyers and legal experts
I had a personal problem which I am going to discuss here for which I require a legal advice.
I am working in a govt bank and married a a small town girl from a middle class family(second marriage for both of us).From the very first day of the marriage she is complaining on petty issues regarding the marriage arrangements etc,after which she lived with my parents in my flat for about a month,and she starts misbehaving my parents and blame my mother who is old and always remain ill for not working etc. I regularly persuaded her for the duration as my parents are there for a short span to avoid quarrel.After which her parents came to live with us.Her parents from the very first day start taunting and passing sarcastic remarks for me and my parents and supported my her,I always tried to avoid the situation as I dont want to take ton on my head after hectic office work, during their stay we came to know that she is pregnant,but due to hyper thyroid there was miscarriage I tried my level best to get her treated in super specialty hospital and spend almost 70K for her treatment,after the miscarriage she and her parents start blaming me for not caring and tension and torturing me mentally,her father warned for dare consequences.She went with her parents for the change and getting rest,I booked the flight ticket for them and regularly sending money for her treatment,but even though she is fighting over the phone and had given me warning to book under fake cases,also she phoned my father and said the same.
Sir my question is if due to some ill intention she filed a fake case against me which she had said what will be protection for me,I am very tensed and not able to sleep properly and not able to even work in office my parents are also very much worried.
Kindly advice me what to do in such situation and how to come out of this situation(marriage)
VISHNU
24 September 2015 at 16:13
In a civil suit one respondent x did not appeared and court made him exparte in final order/Judgment.
After passing of final order when some party filed appeal in session court, then the expartee respondent x is submitting vakalatnama.
Pls advice whether expartee respondent has any right to defend in appeal matter when he is already expartee in main suit.
Hari
24 September 2015 at 15:09
Dear Sir/Madum,
I loaned a longterm to my family friend for Rs 5L on promissory note. He dont have income or assets on his name, But his father was millionaire. Can I attach his father assets to claim the amount?
Thanks,
Hari
rvhari@yahoo.com
ph:9989121347
arun
24 September 2015 at 11:06
can one challenge an exparty decision given by arbitration. It has come to court for execution
sharon
24 September 2015 at 09:48
hi, i wish to cancell an agreement to sale made by my father first and then my mother (after dad expired), which was made through a supplement agreement in 1997, i have also signed on it but i was only 17 at that time and did not understand anything of it. my mother too was uneducated and the builder took us to his office and telling us that he is getting the agreement transfered in our name took our signatures. after that the builder never paid us anything and took possession of the property,which is 3 pieces of land. some years later the property was sold to other person by us and under impression that everything was duly explained to the second party, we entered into an agreement. the first builder put up a case on us and got an order to give the property to the court reciever, the order was given ex party. During this period we were not aware of anything as our mother used to deal with this , only after her death some months back after seeing the papers we understood the situation. my query is can a case be filed in thhe high court bombay to cancell the earlier agreement as none of the terms and conditions are followed by the earlier builder? kindly help.
sharon
24 September 2015 at 09:45
hi, i wish to cancell an agreement to sale made by my father first and then my mother (after dad expired), which was made through a supplement agreement in 1997, i have also signed on it but i was only 17 at that time and did not understand anything of it. my mother too was uneducated and the builder took us to his office and telling us that he is getting the agreement transfered in our name took our signatures. after that the builder never paid us anything and took possession of the property,which is 3 pieces of land. some years later the property was sold to other person by us and under impression that everything was duly explained to the second party, we entered into an agreement. the first builder put up a case on us and got an order to give the property to the court reciever, the order was given ex party. During this period we were not aware of anything as our mother used to deal with this , only after her death some months back after seeing the papers we understood the situation. my query is can a case be filed in thhe high court bombay to cancell the earlier agreement as none of the terms and conditions are followed by the earlier builder? kindly help.
Anonymous
23 September 2015 at 18:28
hi sir,
I given amount of rs. 400000 on credit to other party in the year july 2013 and when I demanding the money he is just postponing and refusing to give. and the bill going to expire on july 2016 being three years. I am helpless. how to approach the problem and take action . he is cheating or want to escape from liability , don't know ! how to control?I am pursuing CA .. please explain me.
thanking you..
S.Krishna Prasad
23 September 2015 at 18:02
Sir, my brother-in law purchased a flat taking loan from the bank. He and his wife were expired and there are no children for them. The lonely mother is with us. We have got the legal heir certificate and we have also cleared the outstanding loan. After clearing the loan they said they require legal heir certificate and security from the account holder of the same branch but we don't have any known person from that branch. Please kindly tell me what exactly security means and whether the relative can give security if he has account in another branch of the same bank.
Thanking you, Sir,
Prasad.
Bhika Reghiwale
23 September 2015 at 12:45
S
We submitted the following proofs in district registrar office for proving illegal matter of money lending.
1. The court judgement copy in which it accepted by momey lender that He done a business of money lending with Adil , who is a signed witness in the agreement , and on which agreement only the above illegal loan complaint is also based / transaction was made
2. The affidavit of Adil ( who is singned witness in u/r agreement ) stating this contract to sale is made for security porpose only.
3 He is having no liecence.
4. The repeated transactions M.L. executed three / four times up to 27 months and not come to saledeed execution.
Are above proofs (documentry proofs ) sufficient to prove this savkari matter in case of farmer.please guide with identical case law.
He has also no proof exept agreement and cheque payment.This also covers a time essence clause and violation of the contract three times.
r.
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Court proceeding
Sir,
Before 1935 my grandfather (GF) and his 2 brothers were separated from joint family and they executed unregistered partition deed their ancestral properties in 1935. My GF’s elder brother have purchased house property in 1928 which is treated his self acquired in 3 brother’s joint family partition in 1935. My GF have purchased in his personal capacity after separating from his 2 brothers eleven land survey no’s and some house properties in 1938 at civil court auction in my native place. Since then we are enjoying them having in possession and paying land revenue taxes. All the revenue records stands in the name of my GF’s family members only till today which he purchased in 1938, he sold some properties out of them long ago. In 1986 after a period 48 years my GF’s elder brother have executed registered gift deed in favour of his 3rd daughter and his son-in-law, with 1/3 share only in 2 survey no’s which my GF have purchased in 1938. There is no donee’s acceptance signature in Rgtd. Gift deed. My GF’s brother (donor) and his 3 sons have got rgtd. Partitioned Deed in 1955. The donor or his sons in their partition are not claimed and not treated joint property the suit property and any other properties purchased by my GF in 1938. The donor and his sons are not claimed suit lands and purchased in 1938 on their files of A.P. land reforms at revenue office during 1974-45.
After passed away my GF we partitioned suit survey no’s and other our joint family properties and we executed rgtd. Partition deed in year 1989. My father, my brother and I entered one schedule and my father’s mother and his 3 sisters entered another schedule. My age is 52years and my brother’s age is 58years now.
On 1994 donee obtain pass book and title deed on influence. My father filed objection petition before revenue authorities for issuing of pass book and title deed to donor. After conducting enquiry considering revenue records enjoyment, possession, title and rgtd. Partition deed in 1989 the Mandal Revenue Officer (MRO) cancelled donee’s pass book & and title deed and issued separate pass books and title deeds each other in favour of my father, my brother, me and my aunts. Since before 1989 my father, my brother & I living separately. I and my brother got separate possession, independent right and title over the suit property since 1989. After donee’s appeal before Revenue Divisional Officer (RDO) he asked both parties to approach civil court. My father filed appeal before Joint Collector’s Office, still it is pending.
On 2005 donee’s family filed suit in sub-court against my father and my aunts only without knowledge of me and my brother. My aunts are not attended court and have not filed any written statements till today. We not have well term with them since the period of my GF. They are all collided with plaintiffs and their family. My father has filed false and untrue written statement (order 8 rule 1 cpc) in 2005 which is entirely different from which he already filed before RDO & MRO office. He passed away in 2007. We were impleaded as his LRS in 2008. On August 2010 I & my brother filed true & correct detailed written statement (order 9 rule 7 CPC as r/w 151 CPC) by adopting my father’s written statement who filed before MRO and Sub-Collector’s (RDO) Office through another new advocate with recorded evidence and proof. After completion of plaintiff chief examination, PW1 and PW2 evidence in 2012 plaintiff filed affidavit for strike off our written statement filed on August 2010, they demanded that we can not deviate my father’s falls written statement. On 2013 I filed true and correct detailed chief examination affidavit (order 18 rule 4 cpc) and based on our independent right, title and possession at the end 2014 I filed IA affidavit (order 1 rule 10 r/w 151 cpc) for impleading me and my brother as independent defendants to file detailed true & correct written statement to protect & prove our rights. Recently plaintiff filed counter for dismissal of my IA (order 1 rule 10 r/w 151 cpc) all proceedings in the trail court pending till today.
Kindly suggest & guide me
1. The proceeding chosen by me in trail court is correct? 2. Shall I have to file any other petitions instead of which we already filed? 3. Shall we have to file any separate petition to allow myself and my brother as independent defendants? 4. To allow our written statement in the trail court as per order 22 rule 4 sub-rule 2 cpc how to file? Pl. refer sections?
regards