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Ravi   01 April 2015 at 12:50

Mvc case

Dear Sir, 

My parents passed away in road accident in 2012, so we filed case in the Bijapur district court to avail compensation.

Case scenarios:
1. My Father(age=60 at the time of death)was retired state govt servant and was earning Rs 19000/m pension and after death pension revised due to the revision salary. According to the new salary scale, pension revised to Rs 30,000/m.

2. Mother(age=45 at the time of death) was home maker.

3. 4 dependents(daughter-27 Married, son-27 unmarried at the time of death and now married, son 24-working and was studying at the time of death, mother-80 Passed away and was alive at the time of death) and all ages are current ages.

Judgement was made on 2015 Feb from Bijapur court:
1. Awarded 15L and only 60K is for heirs and remaining is for mother of my father but she is not live and as per court still she is alive.

2. Award was made by considering half of the non revised pension(19000) reasoning deduction of personnel and living expenses of deceased. so considered amount is only 9500/m. But the revised pension is 30000 and we have received the remaining amount as arrears from the state govt.

3. As we are major and court saying that we are not depending on our father's income. But at the time of death I was still studying and my brother was jobless and we were completely dependent on our father salary only.

4. Court saying that there is no loss of future prospects to the family, so no question arises for future prospects loss. But I say our father was about to get a revised pension which 30000/m and I lost my further education due to lack of money and mental shock.


My queries?
1. Please tell me whether I can take up this to High court?

2. If yes, then whether I will get better compensation and results than the district court.

3. If yes, what will be the average compensation?

4. What are all the strong points we can take up to high court?

pls reply sir if you need any further details and pls answer reply about this case.

Ram   01 April 2015 at 11:41

Property attachment

Initially wife filed 125crpc. during pendency of 125crpc she filed another suit for maintenance under Order 7 Rule 1 cpc. Court ordered to pay rs.4000 monthly in 125crpc.

1) After I paid arrears of monthly maintenance amount through her bank account and have been paying her every month rs.4000, WILL THE COURT CREATE CHARGE OVER MY PROPERTIES at the end of suit?

2) I have sold all my three properties during pendency of suit for maintenance. even after that Will the court still CREATE CHARGE over my properties? There was no injunction order when I sold the properties?

3) How is it possible to CREATE CHARGE if the ownership is transferred to some one?

4) what is the necessary to CREATE CHARGE when I have been paying her monthly maintenance?

sandy   01 April 2015 at 10:07

Damage to the property due to root top seepage

I am staying on the top floor of my society and face the seepage problem during rainy season. Due to this entire house walls are damaged and my complaint to the society committee has gone un replied.
Can I get the repair work done and claim the reimbursement from the society? Please guide.

(Note : every person in the society is facing the seepage & leakage problem)

Suresh Babu Rai   01 April 2015 at 09:03

Mesne profits in a suit for partition!

Good Morning Sir!
I have filed a suit for partition against the co-sharers. The same is pending for framing and settlement of issues.
That the properties sought to partition are the agricultural lands and till the date of filing of the suit, my client was in joint possession along with the defendants and they used to share the crop over their lands.
That due to some differences the defendants denied the share of my client as such I am construed to file a suit for partition. Soon after receipt of notices and summons in the suit, the defendants have forcibly necked out my client from their house and not offering any amount of crop.
That during this harvesting season, the defendants were marketed the crop and did not pay anything from such crop to my client. Sir! Can I file an interlocutory application? Praying the court for manse profits! I mean to deposit the amounts from the crop!
Thanking you sir,

rajan chopra   01 April 2015 at 08:09

SERVICE OF DEFENDANTIN A SUIT

SIR THE SUMMONS ISSUED TO DEFENDANT IN A SUIT FOR RECOVERY WERE RETURNED EVERY TIME UNSERVED WITH REPORT "HAD LEFT HOME WITH HIS FAMILY TO AN UN KNOWN PLACE'' NOW PLAINTIF IS WILLING TO FILE AN APPLICATION U/O 5 R 20 CPC SEEKING SUBSITUTED SERVICE OF DEFRNDANT.NOW CAN PLAINTIF PRAY FOR SUBSITUTED SERVICE OF DEFENDANT BY WAY OF AFFIXING SUMMON AT HIS LAST KNOWN ADDTESS OR IT IS NECESSARY TO PREY FOR PUBLICATION OF SUMMON IN LOCAL NEWS PAPERS IN HIS APPLICATION ?

pushpakrishna   01 April 2015 at 07:46

Arbitration.

Dear Experts.
An arbitrator passed an award due to non appearance due to domestic problems against me that too i am only one of the sureties and now i would like file a petition for set aside.can i file a petition for set aside like in civil matters. an award of arbitrator valid in the court of law for execution with out notice to the party?
kindly advice on this / thank you all in advance.

Satya nand aggarwal   01 April 2015 at 07:43

Sec 151 cpc

suit for possession of immovable property decreed and d.h took the possession in execution .Later on suit of DH dismissed by the High court . What is the remedy available to JD whether he should file suit for possession or an application under section 151 cpc to recover the possession.

Sheraz Aslam   31 March 2015 at 23:28

MACT claim: is state liable incase of vehicle without any do

Dear experts
In motor accident if the vehicle is uninsured and is without any documents...driver does not have a valid driving licence. Both the owner and driver are poor fellows and not able to pay the claim amount. In such a case is state liable to pay compensation for the reason that it is the duty of state to ensure that the passenger vehicles plying on public roads are in good condition and with all necessary documents.?
Thanks
Sheraz Aslam
Advocate

monty lamba   31 March 2015 at 21:07

U/o 39 rule 1 and 2 cpc for an ex-parte ad -interim injunction -------

हेलो एक्सपर्ट्स,
सूट फॉर डिक्लेरेशन एंड परमानेंट इंजंक्शन का केस प्लाइंटिफ़ द्वारा फाइल किया और मुझे मार्च 2015 सिविल कोर्ट का समन मिला है |
मैने प्लाइंटिफ़ पर पहले ही प्रॉपर्टी मै फर्जीबड़ा करने के लिए ही नवंबर 2014 को एक क्रिमिनल कंप्लेंट अंडर सेक्शन 156(3) फाइल किया था, क्युकि प्लाइंटिफ़
ने फाल्स एंड फैब्रिकेटेड और बोगस विटनेस वाले डाक्यूमेंट्स द्वारा प्रॉपर्टी को अपने नाम करने की साजिस करी थी |
मै इस प्रॉपर्टी में एक लीगल हिस्सेदार हुँ | प्लाइंटिफ़ इस प्रॉपर्टी मै रहता नहीं है और प्रॉपर्टी डाक्यूमेंट्स भी नकली है |
प्लाइंटिफ़ ने कोर्ट से प्रेयर किया है की डिक्री पास करे जिसमे प्लाइंटिफ़ को अब्सोलुते ओनर देक्लारिंग करे अगेंस्ट डेफेन्डन्ट |

mohanasundaram   31 March 2015 at 20:12

Suit for partition

In a civil suit for partition the district court dismissed the case in default two years before.the plaintiff did not file restoration of the said suit until now.what is the next step followed by the defendants to proceed the suit?As the defendants not received any notice regarding this suit from district court