rajan chopra
22 June 2015 at 18:52
Sir in a suit for recovery filed by me the defendant filed affidavit in his defence and was cross examined by my counsel .In answer to a question the defendant denied signatures on w.s and vakalatnama also besides other documents such as pronote and stamp Paper and admitted signatures on affidavit and summons only.The judge after hearing defendant on denial of signatures on w.s and vakalatnama asked defence counsel wheather the defendant has signed or not on these two documents and was answered affirmative .The judge then said it seems that forgery has been committed either by defendant or by his counsel or by both of them.The case is now at argument stage.What further steps can or should be taken by me in my interest?
nagesh
22 June 2015 at 13:42
Respected all experts
I need to sought your valuable suggestion / opinion / remedy on following issue
I have kept a Deposit in Co-op Credit society, now the society is not paying the amount due to some ms-appropriation by management and staff, the total amount of deposit is Rs.5,00,000/- which is divided in 10 Fd receipts, now after consultation with my lawyer, we have filed the claim in consumer forum.
The issue is one of my signature dose not tally with only one account opening form provided at the time of depositing amount and the rest tallies, now the opponent lawyer is denying to pay the entire amount objecting that one of my signature is mismatch with that on Vakalat.
So kindly suggest how to tackle this issue to overcome with this objection,
further can the court deny the payment mearly on the ground that only one signature is mismatch even thought rest 9 signatures are tallying.
please please please suggest.........
Regards,
Nagesh
Simerjeet singh
22 June 2015 at 11:56
hello sir ,
issue is this that we have a common wall between us and our neighbors. the wall built by us... now the problem is they are doing reconstruction to their house. they are inserting a beam in wall i have 2 questions
1. at what length they can insert the beam in wall
2.if the beam cross the common wall and and enter into my house who will pay the cost ... can police help in this case or court
NA
21 June 2015 at 21:49
Hi,
I got divorced recently.
We are from Tamil nadu and hence initial is used in our names ( eg. ChildName . X ) where X is the starting letter of father's name.
In passport etc , X would get expanded to fathers name if i apply for one .
I would like his name changed to ChildName Surname to avoid hassles.
Surname is that our community ( same for me and my ex-husband ).
What is the procedure to change it ? Thank you for your help.
surjit singh
21 June 2015 at 20:04
My father is 76 and till date there is no partition between the brothers of my father. There are all three brothers and two sister, all are above 80. Now all together major and minor members around 68 out of which 26 are major and 42 are minor in some are less than 5 years of age.
My question is can the partition suit be filed without making the minor parties, but it be mentioned in the suit that there are such and such minors but due to brevity they have not been made parties but all the biological as well legal guardians are made parties.
Member (Account Deleted)
21 June 2015 at 19:49
I sold my second hand car in February 2015 and got a note signed by him that he has purchased the car and taken delivery of the vehicle wef 25th February and also received all documents and requisite forms signed by seller for purpose of transfer by RTO.
But till date he has not got the car registered in his name and makes one or other excuse.
He lives in different city as I have relocated
What is implications and what best I can do
sandeep rane
21 June 2015 at 18:38
Respected Members,
Plaintiff is a co – owner of room & was in possession of room. Room belongs to Maharashtra Housing Area Development Authority.
Other co owners illegally took possession of room from plaintiff & sold this room to third party without the consent of plaintiff & in collusion with third party & MHADA official by showing the other co owners as full owners.
Plaintiff has filed suit for declaration that
1.Sale deed executed by other co owners & third party be declared null & void.
2. Transfer of title of said room by MHADA on the name of third party be cancelled.
3. Possession of said room be given to the Plaintiff.
These are the principal prayers. Others are damages etc.
As per limitation act 1963 limitation for declaration is 3 years & 12 years for possession.
Suit has been filed after two years of cause of action i.e after plaintiff came to know about sale deed.
Plaintiff was disposses first & then sale deed register & transfer effected. Dispossession is prior of 9 months of sale deed. Hence as per limitation act suit is in time.
In the written statement defendant has taken the objection that suit is time barred in view of provision of Section 173 of Maharashtra Housing Area Development Act 1976
(MHADA in short) – This act is a Special or Local law.
“173. Notice of suit against Authority, etc.
No person shall commence any suit against the Authority or against any member of the Authority or of any Board or of any Panchayat or any officer or servant of the Authority or Panchayat or any person acting under the orders of the Authority or Board, or Panchayat for anything done or purporting to have been done in pursuance of this Act (including any contract thereunder), without giving to the Authority, member, officer or servant or person two months previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.
Plaintiff states that suit is filled in respect of illegal act of MHADA & this act of MHADA of illegally transferring the titile on the name of third party can not be said to be done in pursuant of MHADA Act. Hence Section 173 of MHADA act is not applicable to this suit.
1. Whether this is correct submission by plaintiff ?
2. Whether suit is in time ?
Member (Account Deleted)
21 June 2015 at 18:00
Can a litigant who has serious health problems and living far from the city of the concerned court appoint a power of attorney to appear in court on his behalf and take care of interest in case the plaintiff may die during pendency of a case? Of course plaintiff has a lawyer
kuldeep kumar
20 June 2015 at 22:58
a person has drawn a beares cheque for 15 lac rp to one of his son...he has 2 more sons..they object for it..can this bearers cheques be taken back in case it is encashed already?
his excellency is pleased to comment
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Can (private)local's take homes under land acquisition g.o ?? with out owners permission ??
hello sir/madam, I am a resident of Hyderabad and my house is situated besides to a temple though its a historical temple but my house is more older than the temple my forefathers were residents of this house since nizam ruling they were here .I had all the documents of nizam stamp papers were also there with me the temple commity is trying to enlarge the temple they were forcing us since from a long time but we are not in a favor to give our house to them they approached the state Govt.on this issue the MRO & joint collector came and surveyed the lands but they did not approached us any time on this issue & did not inquired our demands (Note: temple is not in Endowment) it is controlled by locals .After so many days suddenly the MRO (locals politicians had forced officials ) came and issued a G.O of land acquisition so, what are the steps i need to take further on what bases they had issued this G.O ???
please help me out... can we file a case against the temple commity members and officials ??
thanks in regards...