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Neeraj Kaushal   08 January 2015 at 18:42

Civil appeal

judgment and decree passed against dead person, i am filing appeal but i wants to know that the legal heirs of deceased has to be arrayed party in appeal. yes or no

DAYASAGAR MEHER   08 January 2015 at 16:29

Validiaty of judgement passed in 1995

A judgement was passed by civil court in 1994, in which the court ordered my grandfather, to refund around 250 grams of gold to my father. The gold was given by my father to my grandfather in 1985 regarding marriage purposes. An appeal was dissolved in 1995, confirming the previous order.

But in spite of the order my grandfather didn't refund the same. Now both my grandfather and my father have expired in year 2006 and 2009 respectively.

That my grandfather had around 20 acres of land which is not partitioned among my uncles (father's brother). I am requesting my uncles to sell some acers of land in order to settle for 250 grams of gold in my favour, and the rest of the land will be partitioned equally, but they are denying. They want all lands to be partitioned equally and to ignore the court order.

Can I approach the court in this regard so that I will recover 250 grams of gold by selling some of the lands registered in my grandfather which is an ancestral property?

Is there any validity of the court order passed in 1995?

Can anybody provide me judgement passed by high court or supreme court in this regard.

SANDEEP KUMAR   08 January 2015 at 13:59

Remedies

Under the CCS(CCA) Rules, Appeal of a Government Servant has been rejected against an Order of major penalty imposed, which penalty is much more severe vis a vis the charges proved. The Order relating to Appeal is not a speaking Order.

What are the remedies available to the Government servant.

modi sachin   08 January 2015 at 04:33

want to remove name

d v case filed on me by wife. now also we stay in house which is on and my brother name. i want to remove my name from ownership. to remove wife.house was purchase before marrige.

Partha   07 January 2015 at 21:52

Commmon passage

Dear Sir,
i owned one civil case which is related to
one common passage.
Court order mentioned that other party can go
for appeal in higher court with in 90 days.
now we filed a caviat so that we get notice if other party do the appeal.
now today we went to howrah civil court and found other party filed an appeal on nov end.
now question is that why we are not informed as caviat was there.
And what are the next steps in this activity.
Please guide mee...

Regards,
Partha

Sahajahan Miah   07 January 2015 at 19:38

Defamation plaint

Dear Sir,
I newly joined in court, in my 1st stage of practice one Defamation suit has came before me, I shall be thankful to you if you give me the format of Defamation plaint

Swaty Gupta   07 January 2015 at 18:57

Property

respected sirs,
my family members were the defendants in a suit filed against us by a previous business partner. the brief details of the case are as follows
my grandfather-in-law ran a business and had many tenanted pagri properties(commercial) in his name. after his death, the eldest son made the plaintiff a partner in the business. after 23 years, the partnership firm was dissolved and accounts settled with help of arbitrators who did a thorough job. even though all the tenancies were in individual names(8 of them in prime commercial areas), the arbitrators divided them too. after gaining more than his fair share, the paintiff decided to go after our share too and filed a suit for dissolution and rendition of accounts.
the suit was filed in 1981 and it was ruled in our favor by the distt court in april 2014. while giving the ruling the judge remarked that"a frivolous suit like this should have got dismissed on the first hearing itself."
the plaintiff is a wicked man who is involved in many suits mainly involving usurping of money. also, the plaintiff's counsel changed with every hearing since he never pays up. one of his many counsel remarked that the our side mishandled the case entirely. when the suit was filed in 1981 we should have submitted the arbitration document and file a counter case and not replied to his appeal.
earlier the family elders looked after this matter and completely depended on the lawyer and never questioned him. the real shocker is that the arbitration document was submitted after 20 yrs of litigation!
thankfully things are changed now.
after he lost in distt court, now the plaintiff has filed the case in high court. we recieved notice to appear for the first hearing before the registrar(appellate). we are yet to hire a lawyer. i wanted your invaluable guidance prior to any action on our behalf.i have immensely benefitted from your kind advice earlier. kindly tell me
1. do we need to hire a lawyer for the hearing of appeal or should we just present our side's evidence?(we know all the details by heart now)
2. what is the right approach to this case? did we really made a mistake back earlier?
3. is there a way to put an end to this harassment by this frivolous man who has spent his entire life surviving on other's money?
4. after 33 years of trial by the distt court, what are the odds of this appeal getting dismissed in the first hearing?
eagerly awaiting your advice...

mahesh   07 January 2015 at 16:33

Cooperative housing society/

In a cooperative hsg society in Navi Mumbai, when a owner gives his flat on rent
1. the society is charging 110% of as the monthly service charges.
2, The society under its right to raise funds as per the bye laws is asking for a donation fee over and above the additional 10% service charges.
My query is can the society ask for donation for letting out the flat on rent? If yes what is the amount they can demand.
Kindly enlighten.
Regards
Mahesh Deshpande

Gilbat   07 January 2015 at 14:15

Civil law final judgement time

Dear experts,

I need to know few things from you.

when final judgement, can we request honerable Judge to release the order "To" tamil nadu police,sub registor,thasidhar ?

Becasue tamil nadu police, sub registor,thasidhar will not know about the High court judgement.

can we have one order and make "To" partees as tamil nadu police, sub registor,thasidhar?

the problem is after 2nd appeal high court judgment my against party should not entertain third party in sub registor office,also police should take action accordingly incase my against party create the problm for me..

also thasidhar should know about the issue and survey my land properly as per high court order


1) after Civil law final judgement, within how many days we can get order from high court.

2) how much approcimately i can pay to the order to high court?

3) will i able to get order with out my advocate help?( that means based on judgement will they make order)


these clarifications are highly helpful..





Narendra Ashar   07 January 2015 at 10:09

Caveate

How many caveators can submit a single caveat to Bombay High Court Testamentary and Intestate Jurisdiction