amit kumar
07 April 2015 at 14:01
dear experts,
One of my friend is running a school by forming a trust.One of the trustee is his father. the school building is in the name of his father. Now can he give rent to his father as his father is trustee and landlord both.
varma
07 April 2015 at 11:31
Sir, I have filed in lowercourt regarding Title declaration & delivery of possession on 1 acre land on my paternal uncle in year 1986.But lower court dismissed my case in year2000.In year 2000,I prefer appeal in Highcourt.During pendency of appeal,I have filed temporary Injuction on 1 acre land against my paternal uncle and same is granted(Status quo) and high cout also made Status quo absolute after contesting of my paternal uncle on year2000.During pendency of this appeal,my uncle on year2004 he again sold 1 acre land to 10 members and we have made these 10 members also parties and court has granted Status quo also.In year 2014,again parcel part of subject property is aliegnated to 2 members.This time,I again implead these 2 members and court notice also served.These 2 members also kept lawyer and my main suit is pending in high court. one member out of these two,started house construction stating that on his name status Quo is not granted by High court.He also filed in lower court praying temparary injuction aginst me not to interfere to stop his building working activities and permanent injuction against me not to disturb his occupation of his house.
1)Sir,plz tell whether lower court has juridiction to allow this suit and to to conduct the proceedings which the lower court suit proprty is same subject matter of parcel and part of High court appealsuit property between same parties 2)can lower court give any orders when same subject matter between same parties is already pending as appeal in high court.
3)please tell what section, i can dismiss the case at entry level in loer court
UMMkalantar
07 April 2015 at 06:05
Dear Experts.
A civil petition under O7/R1 is pending over 2 years for permanent & IA. We are petitioners. Due to unlawfull stoppage of demolition, the undemolished building is in a state of collapse. The defendants are forcing us to sell the property otherwise they threaten to prolong the case to any level. A revision of interim Application under article 227 of the constitution in the High Court by the defendants under the rejected Order7/Rule11 was dismissed. Now it is time for short order. Again defendents are in the Hon’ble High Court for revision for striking off our suit. Kindly guide us.
SABIR AHMED
06 April 2015 at 19:23
Dear Sir,
Is requirement for office space to start a new business, a valid reasonable requirement cause to file a suit of eviction on the tenant ?
Further, please let me know which are the valid reasonable requirement causes which adds weightage in a suit of eviction to get back possession of premises let out for tenancy purpose.
Please note in this case, the jurisdiction is Kolkata.
Regards,
Sabir
Santanu Goswami
06 April 2015 at 16:01
Hi Experts,
I transported my household goods from Gurgaon to Khopoli (Maharasthra) using a packers and mover company that is registered with pan no. and service tax no and claim themeself as ISO registered company. The packer loaded all the goods from Gurgaon and give me a bill of loading.In the receipt for the payment I made for the consignment, he wrote "including insurance" and signed it once more when I insisted, next to the total payment. I paid the 80% amount in advance. The packer has started delaying the materials and has not sent it. It is already more than a month. Whenever I call them either they don't pick or they say that since the vehicle was not in a good condition hence they are delaying it. Everytime they say that the materials will take another 02 days to reach.
kindly suggest me with the further course of action!
Regards
Santanu Goswami
7030951551
mohamedjameelalikhan
06 April 2015 at 15:25
Hi,
In the year 2012 Nov my college mate and a friend for 12 years asked me to borrow money for his restaurant business since I was jobless during that point I spoke to my parents and they agreed to help him on my behalf and later 2 months he and his family members offered me to be a partner during the month of Jan 2013 and since I was struggling that point I accepted to the offer and started working as a working partner along with the borrowed amount on a daily wages of 300INR.
Mean time they hired a CA and a partnership document was created and when asked to give a signature they mentioned that after releasing full payment we will sign and they made me feel like they were right as I was new to the business and the partnership deed.
Somehow I found that all the details which he provided me with bank statements and other details in regards to the restaurant was created by him and non are original documents. I spoke to the so called friend about this and he said he will repay my amount as soon as possible and his parents too accepted in the very beginning stage and suddenly they started creating a fight among themselves and one by one started questioning me why should they pay me back as I was partner and I should bare the loss.
The amount I invested was 965450 and the required amount to be a partner was 985000. I lost my patience and when I started questioning them back saying that I have only invested here and I am not supposed to bare the loss until the agreement is signed. They realized something and created another family issue saying that their son and his wife has got misunderstanding due to which their son is planning to go to Dubai I was shocked and later thinking that they should clear existing debts and handover the restaurant to continue with partner ship or to repay the amount for me.
They agreed to it and again they started telling me to take over the restaurant and he will no longer be the partner and I can enjoy the full benefit of it and I should bare the debts on my head. Initial stage I felt something fishy and asked for the debts detail and again they gave me a fake statement of details and didn't accept the offer as the debts were beyond his claimed invested amount.
all the time keeping me busy with their family issues one fine day by 12 midnight my friend called and informed me that he is leaving to Dubai and all the debts and shop will be taken care by his father to repay me and by the time I can reach him back with the shock I had he flew from India.
After several email conversation I found that entire family is a culprit and corrupted and the emails I received were mostly blaming me and not to the point. When I approached police station they asked me for documents and I said I don't have any apart from the Daily sales and investment accounts note what was followed by the shop manager and at a point including me. Police said that they can't do anything in such case. I was totally ZERO to hire any lawyer to proceed further and take any action. All I have is his SMS and email stating me as a invested partner.
With these documents are there any possibility to file a case and make him run down from Dubai.
Kindly help me recover the invested amount as I have got a family to be taken care and I need this to be done ASAP. I have rental documents and Partnership deed for the restaurant which was made through a CA and accounts note to prove my investment and same day transaction in my bank account and my parents account.
Thanks in advance
T.R.RAVINDRAN
06 April 2015 at 13:40
sir,
Is it necessary to send notice to the party before filing suit for illegal occupation?After conversion of an agri.land into layout doing again the agriculture is against the norms or right.Party X has converted our Agri. land into layout without our consent including adjacent lands of his own and obtain a regularization order from corporation. Except roads under our portion all other roads are handed over to corporation by regd sale deed docs.Middle portion is ours.All the plots are sold out after getting orders from corporation and after selling now he is doing agriculture in our portion only to claim tenancy right.X has not sold our portion but only shown in the records of corporation and other government records as layout only.As per the record of corporation our land is Layout.Now X has filed a suit for tenancy right claim.Is it right?
RAVINDRAN
Alok saxena
05 April 2015 at 22:23
Why a judgment in civil case is binding in criminal case and why criminal case judgment is not binding in civil case?
ZAMEER RAZVI
05 April 2015 at 21:06
Govt Officer File FIR against the my friend father (Criminal trespass)on Land 147,148,149. important things in this matter our name on 7/12 Extract but falsely file case against.
My Question is
1.Can we apply for pre-arrest bail? in JMFC if yes which sections.
2. Can we get injunction order against the govt? if Yes then which court?
it is urgent.
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Clarification regarding memo filed by exparte respondent
In a Civil Suit consisting two Govt. Depts. as Respondents. One of them being the Registration Department. The Respondent 1 Registration Department was Set Exparte long ago.
Later in the stage of Evidence. A Call for Documents Petition was filed and since the Respondent No.1 Registration Department did not file Counter and thus the petition was allowed.
Now after the Petition is allowed. The Registration Department (Resp 1) has filed Memo asking for clarity regarding records called for
Is the action of Respondent NO.1 justified and Legal.
Please advise. Thanks in advance.