Ayan
09 March 2023 at 12:30
My Grandmother's Father Have around 200 Bigha of Land.He have one Son and One Sister.
He did not make any will or did not divided land between son and daughter.
Son made a false warison certificate , that he is the only son and have no daughter.
He sold the land different person with that certificate.
We have collected like 5/6 such deed and trying to collect rest of the deed and challenge it to district court.
But my Lawyer says you have to collect most of the deed to fight the case.
The case will mainly for deed cancellation.
The property is of west Bengal
(Comes under Dayabhaga Law before Marriage Sister property Act 2005 also)
My question is
1)Can i file for deed cancellation part by part separate suit.
(say 5 deed per suit)
2)Can i make party or take action against Person who have given false
warison certificate. (Panchayet Pradhan)
3)To cancel a deed , warison certificate , deed is sufficient to fight a suit ?
shyam lal
08 March 2023 at 07:47
Business : h
Next Purpose : WS/ISSUES
Next Hearing Date : 01-04-2023
Civil Judge Senior Division /FTC
Experts kindly please tell what does "h" stand for as mentioned Business secondly what is meant by WS/ISSUES as mentioned above.
.
Anonymous
07 March 2023 at 16:32
I have signed on a property will saying I will not claim on that property which I have forcedon with my parents and brother before my marriage.Now as a daughter can I claim on that property. How can I proceed.kindly suggest
Sadanand bhisaji Panchal
07 March 2023 at 14:44
Respected Experts,
I am residing at Room No.3 in ground floor patra Chawl. In the year 2013 the lady occupying room adjacent to my room illegally started construction of Ground plus first floor cutting my kaula roof with the effect my roof got damaged and there was heavy leakage of rain water inside my room causing short circuit. Therefore, I lodged complaint with the Building & Factory of BMC with the effect, the Designated Officer of the Department issued a stop work notice under Section 354 A of the MMC Act to the lady. As the construction was not stopped, the Designated Officer with his employees on 14.06.2013 demolished part of the first floor, but the walls of first floor intentionally hammered to destroy my entire roof. On the contrary, the lady having nexus with the officers of the Corporation reconstructed the demolished first floor and the Designated Officer issued Notice under Section 488 of the MMC Act against lady and then lady filed a collusive suit and taken out Notice of Motion in the Mumbai City Civil Court against the Defendant Municipal Corporation challenging the said Notice. Advocate for the Corporation did not file Reply to the Notice of Motion for four initial adjournments, therefore the court on 10.03.2015 passed order against the Corporation directing not to implement the Notice of 488 till next date as such the said Order (E. O.) was extended till every adjournment. When I filed Chamber Summons to implead myself as party in the suit and on same date the Advocate for Corporation filed Affidavit-In-Reply, Demolition Report with Photographs to the Notice of Motion and thereafter, the court allowed my Chamber Summons. On 20.09.2016 when I was remained absent, the Advocate for Plaintiff lady without any Application obtained Order of interim injunction from the court till further Order though the Plaintiffs Notice of Motion was not finally heard. Being aggrieved by the said Order, in the year 2017, I preferred Application under Order 39, Rule 4 praying for setting aside the Order dated 20.09.2016.
It is important to note that the Hon’ble Supreme Court on 15/10/2022 passed Order in the Miscellaneous Application No. 1577 of 2022 in the matter of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. v/s Central Burao of Investigation ruling that whatever stay has been granted by any court including High Court expires within period of six months and unless extension is granted for good reason. Thus, from the said date 15/10/2022, the Plaintiff failed to obtain ad-interim relief after hearing above Notice of Motions. Therefore, the extension Order (E. O.) to the earlier Order dated 10/03/2015 was automatically vacated after six months from the date 15/10/2022. Therefore, I taken out Application Ex.7 in the court praying to vacate the stay Order dated 20.09.2016 which was merged in the earlier Application under Order 39, Rule 4 by the court. After hearing of the parties, the court on 04.03.2023 passed Order rejecting my both Applications under Order 39, Rule 4 and Ex.7 on ground that I the Defendant No.2 is not made out prima facie case to cancel or vacate the ad-interim protection order granted in favour of Plaintiff.
In the above case, the fact that the Plaintiff by suppressing first floor was already demolished by the Municipal Corporation on 14.06.2013 filed the said suit pleading on oath that the suit premises was in existence since prior to 1961-62. Advocate for the Municipal Corporation being State of Maharashtra also filed Affidavit-In-Reply, demolition Report dated 14.06.2013 with colour photographs and Police Report stating that the first floor of suit premises was demolished on 14.06.2013 which is prima facie case made out by me at the time of arguments pointing out the said record. My Application under Order 39, Rule 4 includes photographs of demolition, how my roof destroyed. In spite of this the court rejected my Applications.
In the above case, another fact that after pronouncement of Order dated 04.03.2023, I pointed out the Court why another Application Ex.7 was not entertained where I have cited Reported Order and judgment passed by the Hon’ble Supreme Court ruling that whatever stay has been granted by any court including High Court expires within period of six months and unless extension is granted for good reason. The court answered that the judgment is not binding to the court.
Kindly inform me-
1) whether the Order and judgment passed by the Hon’ble Supreme Court is binding upon all lower courts in the territory of India as per Article 141 of the Constitution of India.
2) What to do in the matter of Order dated 04.03.2023 passed by the City Civil Court rejecting my both Applications.
Thanks in advance,
Regards,
(Sadanand B. Panchal)
Athi Vishal HD
06 March 2023 at 15:32
Respected Sir/Madam Iam working as Manager in Karnataka State Govt. Since I have serious family issues I applied for VRS. But my wife opposed it and filed OS in family court under Code of civil procedure order 7 of rule 1 & 2 by mentioning me and my office as defendant 1 & 2 praying that direct concerned to not to accept VRS and not to disburse any service benefits. Court has granted temperay injuction order as requested by wife. But as per my knowledge family court has no jurisdiction and power in service matters and it has no power to interfere in my VRS matter. To do job or not is my right. No one can direct me to do job. pl advise me to comeout from this situation. Thanks in advance
Anonymous
05 March 2023 at 09:54
Near about 150 years ago a deed of settlement took place, about relinquishment of some land from every side for common passage, in front of panchayat. The deed was not stamped and registered. Does this deed can be produced before court and has any legal value?the land situated in west bengal.
Anonymous
05 March 2023 at 09:49
Does indian registration act has retrospective effect?
Anonymous
05 March 2023 at 07:01
In byadarahllli magadi road in prukruthi nagara Bangalore illlegal lbore well .Pl stop this immediately. It is against government rules. Pl inform police to stop this
Anonymous
03 March 2023 at 11:29
Hi,
Staying in Mumbai CHS. One of our flat owner has made deal with a buyer and has taken token amount for selling his flat & has uncashed it as well from the buyer. We have found that the buyer has a fraudulent case against him in just 2 years back where the Society had charged him with Fraud charges and by taking court order his flat in that particular society was also attached. The person had diverted almost 50 L of the society fund to his own Company account. Me as Secretary had informed the seller to do background check of the buyer. We as a society don't know how to stop such dubious person from entering in our society.
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Agreement signed by one party only how to prove its validity
Company A (Buyer) had entered into a purchase agreement in 2016 with Company B (Supplier) but the agreement was signed by supplier only. As per agreement, it is valid for 10 years from the date of agreement.
Now the buyer has stopped purchasing of final product from supplier in 2023 without any intimation to supplier.
Supplier asked for clarification but buyer is not responding. During the time, supplier suffered heavy loss which supplier is asking from buyer by way compensation claim.
All supply was done by standard procedure i.e. Purchase order, invoice etc.
Particularly purchase agreements must be made in writing and signed by both parties to the agreement to be legitimate and enforceable under the applicable law.
But, the supplier entered into the business with buyer in good faith and on the basis of trust.
Still my question is-
1. Can we prove this agreement valid though it is signed by supplier only?
2. Any landmark case relevant to the facts which will help to prove this agreement is valid?