Anil Sabharwal
06 June 2015 at 14:24
Can an individual directly file a Caveat in the Bombay High Court? If so the format available on the net suffices or is there a separate format on stamp paper? Any Court fee? Can an individual depute a person to file it or he has to go personally? Matter is for payment of Rs 28,500/-
Matter is MSEDCL (Maharashtra State Electric Distribution Company Ltd) not honouring the order of CGRF(Consumer Redressal Relief Forum), and filing a Writ Petition against the order of the CGRF.
Briefly it is MSEDCL not paying compensation as per SOP of MERC, citing matter is time barred. This was overruled by the CGRF, who directed MSEDCL to pay up, but MSEDCL refused saying they are filing a WP in the High Court at Bombay.
Compensation was for delay in refunding Security Deposit for Temprory connection, after the Temprory connection was disconnected.
The Caveat is desired so that an appeal can be made not to admit matter, as it is superflous.
Also can an Individual represent himself in the Court or he has to engage a lawyer?
No witnesses are to be called.
The matter can become a PIL - as thousands of consumers would not have received refund of Security Deposit against Temperory mater.
Thank You.
ckanta
06 June 2015 at 13:53
Sir,
Could you help me with some law or judgement which says that in suit of partition filed by plaintiff(brother) Co-defendants controversy cant be decided in that case and one of the defendant cant claim declaration of tiltle in his favour or ownership as relief clause in WS.
Please help me out.
Shourya Tanay
06 June 2015 at 11:16
Hello Sir,
I have a case on which i need your help.
case is:
Mrs. Aruna S. v. Abhinav Agrawal and others
Aruna S. and Abhinav Agrawal both were classmates and very good friend during their law course in the University. Both were very good friend and also planning to get marry. However due to some family and other reasons they could not marry. Abhinav, after completing LL.B started helped his father in his real estate business and latter on established his own company. Aruna got her LL.B. degree in the year 1992 but before she could join bar, she got married with Mr. Ashok K. At the time of marriage Aruna’s father gifted her plot of 4 acre, lying somewhere in the heart of the city.
Due to many family and other economic compulsions she stayed as housewife and maintained her family. Both husband and wife with their two children were happy family till 2006. However, in March 2006 they trapped into deep trouble and financial crisis. Apart from many reasons one reason of all these troubles was bad habits of her husband such as drinking, betting and clubbing with locals. Though her husband is a MBA but because of his bad habits he could not manage any stable business or a permanent job for himself.
In March 2006 he was arrested while possessing some country made liquor. He was prosecuted and to fight all this litigations, Aruna borrowed one lakh rupee from Mr. Abhinav Agrawal. Abhinav, who by the time came closer to her husband. As a security for the return of this money she mortgaged her gifted land in the name Abhinav Agrawal with possession. Mr. Agrawal use to give lot of financial and other supports to Ashok K and once Ashok confessed to his wife that he owe almost more than 20 laks rupees to Abhinav.
When Ashok came out from all this litigation he met with Abhinav and both agreed to do joint business. For that Ashok borrowed some 20 laks rupees. For this a contract deed was prepared.
Aruna’s younger daughter, aged 6, was suffering from brain fever and on 10th of Jan 2009 she was admitted in a hospital where she stayed for 11 days. Her condition was very serious. On 20th of Jan 2009, Ashok came to hospital and told Aruna about this settlement. She only cautioned him about new business tactics. Next day Abhinav and Ashok both came to hospital and contract was signed. Accordingly Ashok received 20 laks rupees and started new business.
In between Aruna’s father helped this troubled family by gifting one lak rupees and by this help Aruna redeemed mortgaged property on December 2009 by paying one lak rupee and got back her gifted property. In December 2009 Aruna thought to establish a CLAT coaching centre and thus planned to construct building on the plot. She was taken aback when suddenly police arrived on the scene with Abhinav and ordered to stop any construction work. Abhinav shown to them a stay order from local civil court and also produced a ‘sale deed’ signed by her in favour of Abhinav.
She challenges this stay order and filed a civil suit for cancellation of alleged sale deed. She files suit against both Abhinav and Ashok for playing fraud and misrepresenting him regarding the contract. She claimed that when she signed this deed she was under impression that she is just a surety for this contract and her husband also assured her that she is surety to this contract only. She also contended that the contract is not only a misrepresentation but also affected by undue influence.
Mr. Abhinav, though admitted that Aruna was not informed about details of contract but one of the reason was that since her husband was himself responsible for this contract so his nothing to do with any fraud or misrepresentation. He also argued that since she is a literate lady and also a lawyer she must know nature of every document she is signing. He also argued on the basis of declaration clause which was there in the contract which declares that “I undersigned hereby declare that I have gone through with the terms and conditions of contract and understand the very nature of contract and any liability there under.” Mr. Ashok did not appear in the court and ex-parte proceeding was ordered against him.
Court prepared following issues;
• Whether Plaintiff (Aruna) was misrepresented as to nature of contract and liability under the contract deed?
• Whether any fraud was played with the plaintiff as to nature of contract and liability under the contract deed?
• Whether contract was entered by exercising undue influence against plaintiff?
• Whether in the given circumstances, restitution can be ordered?
kunhi marakkar
05 June 2015 at 16:17
I am facing false civil case on a land which sold by me (for cancelation of sale deed on basis of cheating).how can I vacate injuction order of civil court quickly.because this case affecting purchaser of land.can I get stay from upper court?if so,what is procedure?any way I have to get stay because I can prove that case is false
Anonymous
04 June 2015 at 20:59
15 to 20 years possession on property other people after the main owner coming so what is the remedy of owner
professional
04 June 2015 at 19:58
Can a "DEFENDANT" file an application for decreeing the suit? or Is it required to be filed only by a plaintiff? What is the legal provision in regard to that.
rahul
04 June 2015 at 13:06
Hi Members,
There is no provision in the limitation act to condone the delay in filling of suit.
But if Plaintiff is prevented by uncontrollable circumstances from filling suit in time, then can Didstrict Civil court condoned the delay in filling of suit on application u/s 151 of CPC ?
Parikshit
04 June 2015 at 13:04
How to declare a person lunatic.....whether to file a petition.....which court has jurisdiction..... Which book/act one should refer to
Dalip Singh
04 June 2015 at 12:58
Proprietor of a firm died. Firm had been availing term loan from the bank against security of moveable and immovable properties. After the death of proprietor, the surviving members are - wife, married daughter, two unmarried daughter and two minor sons. None of the LRs coming forward to operate the term loan account and the account has become NPA. A suit is to be filed against the proprietory firm but after the death of proprietor there is no firm. How to implead the firm as party when no LR is coming forward to take the liability.
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Can member file consumer complaint against chs for not issuing bills?
I became member of a Co-Operative Housing Society in April 2012 consequent to Appeal under section 22(2) of Maharashtra Co-Op Societies Act 1960. Ever since Order to confirm my membership was passed by Dy. Registrar of CS in 2012, the Co-Op Housing Society did not issue a single Bill of Soc Maint Charges to me, which are issued to all other members every quarter. I submitted Consumer Complaint before Dist. Consumer Forum against CHS. During the hearing before Admission, the President of the Consumer Forum asked me to satisfy the bench as to how I am a Consumer of CHS merely on the strength of the membership of the CHS, and also how the said CHS has committed DEFICIENCY IN SERVICE. Kindly help me as to how shall I resolve this issue, and kindly provide me as much citations of relevant judgments as possible. Thanks in advance.