Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

J K Agrawal   17 February 2015 at 20:08

Dependency calculation in road accident case.

Dear Sirs

In a case, in a road accident X, his wife and 2 daughters died, 2 sons survived.

I represent the case on behalf of insurance company and I want say that while calculating compensation due to death of Mr X, the entire compensation amount, as calculated ordinarily, should be computed but as 3 dependants also died so the remaining sons should be entitle to only 1/5 each of entire computed amount.

Please guide me if I am right?

I will be much obliged if you suggest any citation in favour of me or against me.

Obliged.

tagoretiwari   17 February 2015 at 19:41

Property dispute

Plaintiff initiated suit is going to be dismissed by the court shortly because plaintiff not coming with evidence. he is telling that if i do not pay the demanded amount based on forged agreement of sale, he is threatening that he will go for appeal. the matter is right now with sr. civil judge and once the case has been dismissed, where the plaitiff will make appeal. he wants to prolong the litigation. whether can i pay the amount or continue the litigation, in case he files appeal. the plaintiff entered the court with unclean hands with forged agreement of sale. what is your suggestion.

chirag thakkar   17 February 2015 at 19:08

Maharashta co-operative housing society

Is there any provision under the Maharashta Co-operative Housing Society act which states that '' The society can sell the flat of an individual, if the owner of the flat has not paid the dues''.

If Yes, then under which circumstances or otherwise.


Help Appreciated
Thanks and Regards.

sreedhar musipetla   17 February 2015 at 12:30

Maintainability of simple money suit based on regd. mortgage deed.

Whether a simple money suit is maintainable, without seeking any relief for redemption of Registered mortgage deed executed by borrower in favour of lendor is maintainable?

Yash   16 February 2015 at 19:35

Urgent, execution petetion arbitration

Hi, lost arbitration and the EP has been filed by degree holder in court.

Have not received notice from court till today, however, able to check through internet the status of EP.

The current order states
"
List of property along with affidavit not filed. Be filed on or before the next date of hearing subject to last opportunity on 4.4.2015.
"

Please help with the below queries:

1) I have not received the notice from court. please suggest the meaning of above order.
2) I donot hold any property in Gurgaon.
3) Will I get the notice from court and be allowed to contest the EP.
4) Please make me understand the meaning of above order.
5) Will they directly clock my bank accounts without giving me any chance?

prem chandy   16 February 2015 at 17:30

Rent

sir,
I have a rented place for the last 45yrs,this place was rented to me by the landlord himself after his death his wife used to take the rent trough his eledr son.after her death out of the four only two is receving the rent for which they are giving the M.R also (I pay 1/4th to each).This is an undivided property as I am an outsider and they being locals issue threats that they will forcefully occupy the place..although the other two sons are with me they tell nothing to worry you carry on business as long as you want....as a settlement I myself reached out to them for some sort of settlement ...they have agreed only to the point that they would give a room to run an office till my end without the rent and will consier giving to son later at that time...Is there any thing which can be done legally to protect any unprecedented move b them...

Advocate@Law Field   16 February 2015 at 12:13

O.1, r.10 of cpc

In my case, alleged buyer purchased a flat in a co-operative housing society. He filed a case against Society to make him a member of the Society by filing an Application under S.22 (2) of Mah. CHS Act, 1960 and got an favorable Order.
Now, the concerned Society filed a Revision against this order to which I want to file Intervention Application under O.1, R.10. I am in the role of Developer. My case is I allotted a said flat the alleged buyer, however he defaulted in making part payment towards the consideration amount of the flat. Therefore, we terminated this buyer from purchasing a said flat.
The said Society did not make us party to the Revision proceeding and I was not a party of the earlier litigation.
My query is..Can a make a Application under O.1,R. 10 to intervene in Revision proceedings (to make a strong case in favor of Society)? If so, on which grounds?

advmarcela   16 February 2015 at 00:48

license

Dear Sir/Madam

My client has the license for the bar which he has allowed another person in the next house to carry on the business. There is one portuguese document that says its given to next house for x period. The document does not mention much about period, etc?

Please advice me under which act do I file to recover it from that person next door?

Thanks and regards

M. Mesta

Ria   15 February 2015 at 21:45

Urgent: my car blocked - matter pending in court

Respected Experts,

Plaintiff had filed a case against me claiming that I have no right to park my car on the vacant parking lot of my building.

The court due to an oversight granted an interim injunction without notice/ hearing against me till the date of next hearing.

However the injunction expired after the said hearing and I parked my car back in the vacant plot.Now the plaintiff has brought a car and blocked my car from moving from the car park.

Please advise what can be the course of action that I can take when plaintiff resorts to such illegal tactics while matter is pending in the court.

Regards,
Ria

Mohinder Singh   15 February 2015 at 21:23

House loan

i had taken a house loan from LIC of India in 1994 amounting to Rs.171000 at an interest rate of 5.25% pa (on concessional rate since i was an LIC employee) and the management started deduction of Rs725 per month from the salary since 1994. in 1996 on a fake complaint the management decided to deduct an enhanced commercial rate at 16.5% pa amounting to deduction of Rs2494 pm. thereafter LIC chargeseeted me and the got the matter of misappropriation of house loan investigated. the Enquiry officer recommended droping of charges of misappropriation against me and the Disciplinary authority dropped the charges on1/4/2000 but the commercial rate deduction continued till february 2004. the orders of High court in 2002 in a cwp filed by me for for the purpose went unrelied upon and the deduction continued till 2004. the management started deduction at lower rate from 2004 but never refunded the amount deducted in excess. i retired in 2010 fighting for the refund and the LIC manangemnt again deducted rs.190000 from the retirement benefits. i filed civil suit in 2010 and the court ordered to refund the amount deducted in excess of the agreed rate of interest alongwith interest @6%. i had to file an appeal for increase of the interest rate to 18%. the case is now fixed for august 2015. what remedies besides the refund are available to me in the present case? any wise opinion please.