Bhika Reghiwale
13 August 2015 at 16:30
Sir.
Is there any specific time specified for competing the hearing procedure from it's beginning in the civil court as per rules or regulations ?.
Uttam Sarkar
13 August 2015 at 16:22
I filed a WRIT Petition at High Court. Judge has disposed the WRIT Petition by giving order to respondent to execute some work within fifteen days. Respondent did not comply the order; instead, he filed Special Leave Petition in Supreme Court. I have filed Contempt petition in High Court. Judge is not taking up the Contempt petition on the plea that Special Leave Petition is lying before Supreme Court. SLP is defective and defects are not cured by Respondent till now. As per statute, there is a deadline for completion of the work.
In this situation, what legal remedy lies with me to ensure that respondent complies with the order of High Court in the WRIT Petition?
Ansh
13 August 2015 at 16:14
Dear sir humari jo property hai wo mere dada ji k father ki banai hui hai.
Mere dada ji single child the aur ab wo nahi rahe.
Mere father 4 bhai hai.
Sir mere dada ji k death k baad jab mere father aur mere uncle ne property ko divide karna chate the. Tab mere jo bade wale uncle hai wo property divide nahi karte the.
Isliye mere father aur ek uncle ne decide karke partition suit ya tittle suit karke case file kar diya civil court me.
Ye case kiye hue kafi time hogaya hai abhi tak justice nahi mil raha.
Mere father ne 1/4 share ki mang ki kyoki mere father 4 bhai hai.
Aur baki 2 uncle bhi taiyar hai. Bas bade wale nahi chate ki property divide ho kyo ki unhone jayada property apne under me rakha hua hai.
pehle to wo kuch saal court me appear nahi hue fir baad me appear hue kuch fine de kar.
Aur jab se aaye hai hamesa issue bana rahe. Unhone 2 shadiya ki hai aur property me se wo 2 share mangte hai ek khud k liye dusra apni 1st wife k liye.
Unhone court me kaha ki dada ji ne unki 1st wife ki kuch written me share diya hai wo chor kar divide karne.
Jab ki abhi tak koi paper submit nahi kiya.
Judge ne unke advocate ko bola ki wo agar aisa koi paper hoga bhi to uska koi value nahi hai. Sayad hindu join property me mere dada ji ko ye right nahi tha kyo ki ye ye property unhone nahi kharadi thi.
Fir bhi mere uncle nahi mante aur wo case ko lamba karte jate. Jo pichle judge the unka transfer hogaya ab naye judge aaye hai.
Sir main kya karu jo case ka decision jald aaye.
Bhika Reghiwale
13 August 2015 at 15:13
S
R/Sir,
A & B are close frainds.B was in heavily need of money to save his mother from chronic disease.
They went to the illegal money lender (C). He demanded security for giving loan to them on the interest @ 7 %/m. On the heavy request of B and humanity ground A made an agreement to sale his 4 acrs of agriculture land to C on dt. 12/11/2008, stating the last dt . 12/4/2009 for executing the sale deed . This contract is of 5 lac only. Out of which 3 lac were paid by cheque.
In this agreement B needy person is a witness out of two witnesses. Last dt of agreement is 12/4/2009. C did not come for sale deed as he was getting huge interest over this sum.
Later on he made an agreement for time extension with A on dt. 2/5/2009 , as per his demand & will , which reads as he (C) needs extinction for his purpose only. In this agreement B is again one of the witness out of two witness. The time fixed for sale deed ,as per this agreement is on/or before 12/7/2009.which is a last dt. of this agreement. C hear also not came forward for sale deed as he was gaining the huge interest.
Later on thirdly C again came for executing the above type of time extension agreement. A extended the time in this third agreement also on dt. 26/11/2009 , up to dt 4/3/2010.
This time is also taken as per his(C) demand & will , which is stated cleary in the agreement. The last dt of this agreement is 4/3/2010. Hear also he did not shown any interest for sale deed, as he was gaining interest over the sum.
These all the 3 agreements are unregistered . and 2 are notarized. The total time period of these agreements is
1). 5 mths.
2). 2 mths.
3). 4 mths.
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11 mths only. & inbitween there is 16 months period of no any agreement .
Hear after also C did not come forward for the contract as per all these 3 agreements, because He was gaining the interest.
After a huge gap of 8 .months after the period of agreement is over , on dt 16/11/2020, He served a straight way notice stating only that " I since beginning coming forward & trying severally for sale deed, but it is purposely avoided by saler." & on this ground + unregistered agreements + bank statement, He filed a civil suit on 9/3/2011 for this property claim. This has taken 27 months time since beginning. My ? is that which farmer will wait for 2 years & more months for a sale agreement, when prises of land were increasing twice/thrice per year in this period.
The base on which C filed case is totolly contradictory to the statments given by him in writting in the time extension agreements. The case is in progress in the civil court at Akola.
We have submitted.
1. Affidavit of the main witness B stating that " I have borrowed loan from C ( having no licence ) & the property agreement of A is given for security purpose only ,who helped me on humanity ground & I paid huge interest to C.
2. A court judgement copy in which savkar C has given a 12 lac R's loan to B on 5/5/3008, on a simple 100 R's nonjudisary bond by interest & He received 2.16 lac of interest of 1 year. & later on He did not get any thing from B. Since B is left the city & not traceable till now. His house also kept "girwi" by this savkar C. And flat of the father of A is also kept girwi by this savkar. And other people's properties have been also operating same way "identical" by this savkar.
We have submitted few cases . but they fear to C.( He doing this illegal job without any licence.).
The property is possessed by A only.
Suppose I am A. Then please advice me what to do to escape. And any case law may be suggested please.
Anonymous
13 August 2015 at 14:21
I'm living in VGN flat as tenant. I'm using common area in front of my flat, that space will be around 4/3. I just using to place trash basket and unboxed carton's. Here all are doing the same. But owner's who staying at their own flat, making problem and asking us to take those things. Now what I will do? I can talk my Rights to them as a tenant? Or I take shut using that common area? If I can talk means, please tell me the rights which I can talk boldly.
Rajdip Goswami
13 August 2015 at 00:03
1) As per Sec 8(2b) of Hindu Minority and Guardianship act it is possible that guardian mother will execute a lease deed for a term of 6 month on behalf of her minor daughter without Court permission.
2) As per Sec 8(2b) of Hindu Minority and Guardianship act it is possible that guardian mother will execute a Registered lease deed for a term of 5 years on behalf of her minor daughter without Court permission.
manpreet
12 August 2015 at 21:27
sir , additional session judge sahab has given very short dates of hearing in revision just gap 1 -1 day continious and without arguments revised the section 125( interim maintenance )which was pending in lower court . what should be done at this stage.
what is the procedure of transfer of case .
suresh naik
12 August 2015 at 20:23
What is the procedure for declaring Dhoka Dayak Imarat ?
Rastogi
12 August 2015 at 13:19
We have filed a suit for permanent injunction.
During the sale of property by our neighbour,in the boundary declared by our neighbor, they have mentioned that we are in possession of the property. The Sale deed is registered
Can we submit this as a document for proving our possession.
We are also filing few other documents like Electricity card, Voter'id.
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