Azhakukumar
05 April 2015 at 14:50
A civil petition under O7/R1 is pending over 2 years for permanent & IA. Due to stoppage of demolition, the undemolished building is in a state of collapse. The defendants are forcing us to sell the property otherwise we will prolong the case to any level.At this juncture can we ask for relief under Order XXXIX/R1 (a),(b), &(C)? No Stay from anywhere.
Experts kindly guide us.
Thanks in advance.
rajan chopra
05 April 2015 at 13:44
SIR I AM GOING TO ENTER INTO A LEASE AGREEMENT DULY REGISTERED OF APPLE ORCHARD AND PAYING CERYAIN LUM SUM LEASE AMOUNT FOR TEN YEARS WITH AN KNOWN PERSON.I HAVE SOME DOUBTS IN MY MIND TO BE CLEARED 1.CAN THAT PERSON CANCEL THE DEAL BY REPAY THE LEASE AMOUNT TO ME WITHOUT MY CONCENT ? 2.CAN THAT PERSON LEGALLY DO ANY ACT THAT COULD HARM MY INVESTMENT IN ANY WAY ? 3. WHAT PRECAUTIONS SHOULD I TAKE TO SECUREY MY INTERESTS ?
MURLI DHAR ARORA
05 April 2015 at 11:23
Question: My grand mother had acquired a property i.e. dwelling house from my Grand father through will. After the death of Grand Father, my Grand mother during his life time partitioned the said property between her two sons i.e. my father an my uncle through consented decree by the Court. My father sold the said property during his life time. My younger brother's wife who is in dispute with my brother filed suit challenging the sale of house and claiming that they had share in the house (claiming it ancestral) {and as per Order dated 3.2.2009 in a application under 12 of Protection for Women from Domestic violence Act, 2005, court has directed her husband (my brother) to pay an amount of Rs. 5000/- per month to her (Rs. 2000/- maintenance allowance, Rs. 1500/- right to reside and Rs 1500/- for education expenses of the children) from the date of filing of the present application on account of maintenance allowance as well as for keeping the residential accommodation separately. However, the respondent (my brother who is living separately from his wife) shall be at liberty to give right to reside to petitioner alongwith children, if he own any house or in the alternate, he shall make the payment (my brother is not owing any property and dispute regarding payment of maintenance allowance between them is still going on, but we have no concern with that litigation between them)} The suit is going on. My father has also expired now. My brother's wife now has got amended the title of the suit. She has impleaded my mother (her mother in law), my self, my one younger brother (her husband) and my another younger brother, my two sisters as party to the said suit. She was the only witness, which has appeared from her side. She was duly cross examined. Her evidence has been closed. Now the case if fixed for DWs. I think it was a self acquired property of my father who sold it in his life time and she has no right to challenge it. If your goodself agree, kindly guide me accordingly. Also suggest me some judgments of the Hon'ble Courts.
MURLI DHAR ARORA
05 April 2015 at 01:15
My grand mother had acquired a property i.e. dwelling house from my Grand father through will. After the death of Grand Father, my Grand mother during his life time partitioned the said property between her two sons i.e. my father an my uncle. My father sold the said property during his life time. My younger brother's wife who is in dispute with my brother filed suit challenging the sale of house and claiming her share. The suit is going on. My father has also expired now. My brother's wife now has got amended the title of the suit. She has impleaded my mother (her mother in law), my self, my one younger brother (her husband) and my another younger brother, my two sisters as party to the said suit. She was the only witness, which has appeared from her side. She was duly cross examined. Her evidence has been closed. Now the case if fixed for DWs. I think it was a self acquired property of my father who sold it in his life time and she has no right to challenge it. If your goodself agree, kindly guide me accordingly. Also suggest me some judgements of the Hon'ble Courts.
niky......
04 April 2015 at 22:06
This is a rent related case, i am the Defendant (tenant). Plaintiff (owner) has recently filed evidence to the court and next hearing date is given. I have to appoint a new lawyer, can you please help me understanding a few queries in meanwhile:
1. What is the next step, do i need to file my(defendant's) evidence document?
2. I see some of the evidences by Plaintiff is for very past date in comparison to when the case was filed. So can i ask my lawyer to object on those evidences? In issue framing it was mentioned to consider occupancy for 6 months time span.
Please guide. Thank you.
suhas khadgi
04 April 2015 at 21:23
My brother challenged will Deed which is registerd & executed by my father. By will deed house property was distributed to me & to my brothers with some conditions which my brother feal un-favoring.Bank deposit cash was given to sister. Original will was with my mother. But during her life time she was unable to recollect its wareabout. I submitted Certified copy of will to lower cout, it is exibited & two attesting witnesses was examined-cross examined. Lower court given the judment against me & given 1/3 share to all including sister(Mother now expired). The Judgement is challenged in High court and obtained stay. Now the matter is with District court. NOW I received clue from maid servent working for my mother that, WILL DEED was given to my married sister by mother. My sister is party in court but not attended court nor replied or appointed any advocate. I have good relation with sister & can deemand the Original Will, but I will have to satify her ego by some good amount. NOW QUERY IS THAT, IF I OBTAINED ORIGINAL WILL & SUBMITTED IN COURT, WHETHER IT WILL CARRY ANY IMPORTANCE & WILL FAVOUR ME TO PLEAD THE MATTER?
Balaji Bakthavathsal
04 April 2015 at 18:49
In a Civil Suit, since the respondents have become ex-parte, an ex-parte evidence was given before the District Munsif Court duly taking the oath and submitting a 24 page document as affidavit. However, one of the respondents sought cancellation of ex-parte order which was refused by the judge. The respondent then moved to the high court by filing a CRP and sought stay of the proceedings in the lower court. Meanwhile the lower court refused the request of the respondent to stay the proceeding since the High Court has not given any order to stop the proceedings. Under these circumstances, I was told that I have to get into the box in the lower court and take oath and give ex-parte evidence once again. Is it right ? How many times they can ask for it ? What happened to the previous one ? Please clarify my doubt.
Thanks & Regards
Balaji
Kay Abreu
04 April 2015 at 13:31
My property was rented out for 11 months which got vacated. However, minor damages to my property and disfigurement of furniture and fittings and missing articles, inspite of verbal assurances by the tenant at the time of renting for safe-keeping is extremely disappointing. Please advise.
SOUNDARA RAJAN
04 April 2015 at 10:17
Sirs, For Specipic Performence case can court fee paid instalments or any exemption or not paying court fees
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Election laws-rejection of nomination papers
The query is related to rejection of nomination papers by the returning officer under Section 12 of the Maharashtra Municipal Council Election Rules 1966. Wherein the candidate inadvertently failed to pen down his signature in one of the designated blanks provided for the same. Apart from that he has signed all other blanks and has also furnished the requisite information within affidavit which is duly notarized. Now the point is can the rejection be challenged under Election Petition? Whether the returning officer has erred in rejection the above mentioned ground? any supreme court citation?? help aniticpated