monikakularia
06 February 2015 at 19:31
The case is related to declaration of ownership and permanent injunction. The petitioner held a land in the society owned by a govt. authority. That piece of land was taken back without notice justifying it as a land needed for facility area, although minimum required area is already left for facility.
The query is that it is a well known fact that PIL judgements are right in rem, and are used to decide civil rights but I working on behalf of the petitioner need to prove the contrary i.e. although PIL judgements are right in rem but they in some cases does not necessarily decides the civil rights.
monikakularia
06 February 2015 at 17:21
If a plaintiff admits an unfavorable fact in his cross-examination. Then produces witness to negate the same. I working from the defense side wants to ask the effect of such unfavorable admittance and that how we can prove that the statement of plaintiff is of more credence than that of witnesses.
Kvijay12345
06 February 2015 at 12:33
How is it possible that the recovery proceedings are continued while the appeal and application for stay on the recovery proceedings in DRAT is still pending for more than 6 months. The Certificate holder ARC(Asset Reconstruction Company) has stuck warrant of attachment on the flats of the borrower and is proceeding further by applying for the valuer in DRT to dispose off the flats owned by the borrower and recover its dues. In this proceeding the DRT has not yet asked for the status of the flat. The recovery persons from the ARC are pressurizing and harassing the borrower to pay the dues or they will sell off his flats irrespective of the fact that both the flats are previously mortgaged with other banks with whom the dispute over their loan agreements is pending and the FIR against those banks is registered in respective police stations for cheating & forging the loan documents including the home loan agreement. The investigation is in progress. In this situation how these two flats can be sold by ARC to collect their dues even if the recovery certificate is issued by DRT in the favor of ARC. What is the use of the appeal filed in DRAT against the order of the recovery certificate issued by DRT and application for stay in DRAT is not heard and decided before the disposal of the flats of the borrower . How come the two proceedings i.e. in DRT for recovery and the appeal in DRAT against the order of DRT run simultaneously? Also what`s the use of this application for stay filed in DRAT is not decided before the disposal of the assets of the borrower ? What is the legal remedy available with the borrower to stop the recovery proceedings and disposal of his assets by ARC? What action can be taken against the recovery persons of ARC who threaten & pressurize the borrower for their dues? Can the borrower move to the highcourt ?
gopal
06 February 2015 at 12:06
Respected Experts,
Thanks for all , for my previous clarifications you have provided valuable guidance.
my father got his share by unregisted partition deed on 1989, my fathers one and only younger brother is inturrupting my fathers possession and enjoyment so my father is filed OS(Original suit) before the munsiff court and got a permenant injunction that not to enter his share.
my fathers brother was appealed in sub-court in the pendency of appeal my father's brother sold one peice of land which comes under the permenant injunction. the sale is registered in the sub-register office.
then my father is filed OS on munsiff court that to set aside the registration. in munsiff court our lawyer was purchased by the opp party and our lawyer wantenly not submitted the required documents which are in the custody of him. the Munsiff court dismissed the OS. previously one situation the same lawyer was did some favour to my father so my father, unable to ask him why he did like that.
the lawyer in this case he made very much dilute and not allow to give to other lawyer, we tried to change the lawyer he is not allowing but clearly know that he is wantonly not submitting the certified documents which we have given to him.
(Pls do not think that i am not blaming the lawyer , but we are the victim of his activity so i told )(also trying to file appeal in this regards in the mean time i need some guidance so asking)
In this situation
1)Do i send a objection letter to the Thasildar(Revenue Officer of Thasil), Revenue Divisional Officer that, the registration is made against law so not to transfer the Patta and Revenue Records ?
2)Do we have right to object like that to the Revenue authorities?
3) Is there any supportive act is there or any rulings are there
kindly provide a guidance
with good regards
nandagopal
N.J. MISHRA
06 February 2015 at 10:16
Dear Member need your assistance in below issue.
our is an educational institute, student paid Rs. 50000/- as a joining fees but could not be admitted due to university's policies which we too didn't know and the same came to our knowledge only when we informed university about the said admission.
since we have already mentioned in our prospectus that joining fees is not refundable still we have to refund the same???
kindly advice
Reformist !!!
05 February 2015 at 16:25
Hi Experts,
We won our case in District Forum ex-parte, although other party appeared on 1 date and 1 lawyer filed memo on one date for OP. But no one came thereafter and the case was allowed in our favor ex-parte.
After waiting for 3 months for the payment, we filed execution under section 27 of Consumer protection act. Bit from last 6 months, judge is adjourning the proceedings of execution on the pretext that the OP has filed appeal in State Commission.
Actually, OP has filed the appeal in state commission after 6 months of final order in district forum. The appeal is not yet admitted. OP has taken the plea in State commission that the final order of district forum was not received by him and someone else used his office stamp and did the signature of receiving. State Commission has marked an enquiry to District forum for the same.
The Hon'ble Judge is adjourning the execution proceedings on the pretext that the appeal has been filed by OP although appeal has not been admitted yet.
Pl. guide what can be done and let me know if there is any citation or judgment from National commission or supreme court that execution proceedings can' t be adjourned unnecessarily unless there is any stay from State commission.
Pl. guide me
ahsuresh
05 February 2015 at 16:20
Sir,
I have asked information about one of the property details and public road measurement under RTI Act in August 2014 to 1) Deputy Commissioner, 2) Land Records and Survey dept. 3) Commissioner of Local Municipality
i. Under this Only 2) Land Records and Survey Dept only issued the information about the particular property only not measurement of Site and Public Road.
ii. 1)Deputy Commissioner has ordered to the Commissioner of Municipality to issue the information
But, from today 05.02.2015, The Commissioner of Municipality not even responded the RTI form nor DC letter
My question is that , Is I once again I ask information under RTI OR How to approach to get the information
Please suggest me
Member (Account Deleted)
05 February 2015 at 15:32
Learned Colleagues:
Whether a Money Suit can be initiated under the scope of Order 37, CPC for realisation/recovery of arrears of rent based upon just a Rent Agreement?
The tenants fled without paying two months’ rent in October 2014 and the Rent Agreement expired on 31/12/2014. Tenants used to pay cash and Rent Receipts were duly issued.
sunil
05 February 2015 at 12:34
Respected Sir/Madam
My name is Sunil Kumar and i was born in Bihar but grew up in Andhra pradesh completing all my education from LKG in andhra pradesh(staying since last 25 years). I am confused as to what my domicile state will be.Since i was born in bihar it could be my domicile state on the other hand since i am staying since last 25 years in andhra pradesh(and there is some thing like 15 years or above stay which makes it a domicile state).so which should i apply for govt jobs and also are domicile and permanent address same or i can have domicile as bihar and permanent address as andhra pradesh.
Kindly reply
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Grandfather property
A property in Tamil Nadu registered in the name of X. X is dead and his sons & daughters are in possession and occupation of the property. Now, they want to sell the property. All the sons and daughters are married and have their own children. The point of doubt is, to sell the property, whether the consent of all the grandchildren are required or the signatures of only the sons are daughters are enough ?