Kumar Krishan Agarwal Advocate
29 October 2014 at 11:13
Dear Sir,
I got a case from the party that a 4 Lakhs Rs Award passed by the Mumbai Arbitration by Arbitrator outside Court against the parties residing in the Saharanpur region of Uttar pardesh. Now how that award may be execute in the District Court of Saharanpur before Civil Judge.
Q1. May In U.P You have to bring out a civil suit and pay the required court fee for executing that award after the suit get decree ?
Q2. Would I may get a Transfer Certificate from the Arbitrator to apply to him for permission to get started off executed award proceedings before District COurt of Saharanpur , U.P
Mohan R
28 October 2014 at 20:58
Dear experts,
Hope you will give me your best reply. It needs some careful thinking. And the experts are very very competent here .
BRIEF FACTS.
I file a suit for permanent and mandatory injunction under O39 R1&2. Suit is compromised on 6 terms on oath between the parties before the court.Joined by Ld. Predecessor.It cannot be backtracked as per settled law.
DEVELOPMENTS :-
Court vacates/quashes compromise through new presiding officer.Says compromise failed. Wants to proceed on merits.
I file an application for review/recall of order under Section 114 r/w 104 of CPC.
QUESTION:
If court dismisses review application of mine as plaintiff, I can appeal under which provision of CPC in the Appellate Court.
Thanks and best regards
Please give me your best answers.
Adv M.D.Azhar
28 October 2014 at 20:06
sir. i am defending a civil suit in which plaintiff had filled an application under o.11,r.1 of c.p.c. to put interrogateries. while giving such application permission to put question to defendant has to be observed. but in the said case the plaitiff has prayed thus, this honorable court may b pleased to grant this application ........ an court has order as. granted no detail order has been made whuch is required as per o.11.r.1 moreover i is not in the firm which is required. In the said circumstances if the application is allowed then i want to challenge the said order. so mainly which ground generally should be taken or under which specific provision appeal may lie to dustrict court. under order 43?
Muthukumar
28 October 2014 at 17:29
I borrowed a loan of Rs. 10 lakhs from my friend’s brother. For which I had issued a receipt. I paid back Rs. 8 lakhs through my partners in 4 installments. I did not take receipt for the payment made. Now, my friend’s brother has complained to the police stating that I have not paid any money. I have witness, who will tell about the payment made, but police say this witness is no use but I need receipt to prove the payment.
I would like your advice that whether witness can prove that I have paid back the money or receipt is the only proof for payment.
Police says that we will file FIR on this case. What is the solution? I have been cheated please help me.
sridhar pasumarthy
28 October 2014 at 14:56
Respected Experts,
Promissory note was executed undertaking to pay the amount with interest at 18% on demand. But, on its backside, promisor wrote that amount with interest would be paid after 18 months in his own handwriting and put his signature beneath it. Promissory note was affixed with Rs.1/- revenue stamp.
Basing on the said pronote I filed the suit.
Material averments in the plaint in brief are :-
"On dt.xxxx, defendant borrowed an amount of Rs.xxxx/- from the plaintiff and executed the suit promissory note in favour of the plaintiff in his own handwriting promising to repay the same with interest at 18% p.a. either to the plaintiff or to his order, on demand. He also endorsed on the backside of the said promissory note in his own handwriting that he would repay the amount after 18 months."
Now, defendant filed his written statement denying the signature and handwriting on the promissory note as well as of the endorsement on the backside of the promissory note is not that of him and that it was fabricated under certain circumstances by the plaintiff.
That material aspect in the written statement is "The suit promissory note is not a demand promissory note and it is a promissory note payable otherwise than on demand by virtue of endorsement on backside of promissory note. As such, according to Article 49 (2) of Schedule I of Indian Stamp Act, stamp duty is insufficient and hence it is not admissible in evidence as per Section 35 of stamp Act and hence, the suit is liable to be dismissed on this sole ground.
Now my doubts are :-
1. What is the effect of words written on the backside of the promissory note particularly with respect to deciding stamp duty?
2.Whether the words written on the backside of promissory note are part and parcel of the suit promissory note or can it be termed as different transaction?
3. Is there any way to get the suit promissory note marked without any objection?
I am very anxious of knowing the answers as you all knew well that suit will be dismissed if promissory note is not marked.
Pls clarify my doubts. Thanks in advance.
niky......
27 October 2014 at 21:34
First of all a very Happy Diwali to all respected experts!!!
My query is that, i have a suit where i am the tenant and defendant's son. Owner(plaintiff) has filed an suit for evac on bonafied reason.
Defendant's unmarried daughter has an ownership flat at other place in same city and plaintiff is falsely claiming that defendant is staying with her daughter instead of suit premises and hence is in no need of suit premises.
So while filling the evidence do i need to put the agreement/possession papers of Defendant's daughter flat which states that that flat is on daughter's name only and not the defendant? Or this not required as it is a false allegation by plaintiff anyways and he cant prove that?
Raj
27 October 2014 at 16:01
Sir, in one of the maintenance
proceedings, it has been advised
" you should have to ask LCR, and ask for stay of proceedings in LC, and at the same time you have to approach the LC and show that you have already approached HC vide case number so and so. Make this prayer in appeal while asking stay and not in 482."
what is the meaning of term LCR, LC and LAC counsel??
ls
27 October 2014 at 10:39
If a civil case (on property) is in the court and is in evidence stage, how many opportunities do the petitioner and respondent get to provide evidence? How do we find out who's turn it is to provide evidence ( the petitioner or the respondent) when a date is given by the court of law? When will the case be concluded and judgement given after the evidence opportunities?
Hemant
27 October 2014 at 00:46
Respected Experts,
I got married in the month of May.
My wife stars fighting with my mother from day 2.
Then she was sent back to her house (first bidai). With all the ornaments/gold all the ornaments which she has at the time of marriage and the one my mother had given her when she came to home. From there we had gone for honeymoon.
We can’t take the gold with us to we left all the ornaments to my father in law house and gone for honeymoon.
From honeymoon we came directly to Delhi. After 3 days my mother also came to Delhi to live with me. Wife starts saying foul language to mother. She was talking hours to her parents at trace. Observing that she is taking for hours I started collecting data of her records. Wife was saying foul language to my mother every now and then. She told me that either one of us can live. I didn't agree to her terms to abandon my mother. So finally she called her father to take her home without any reason. The only reason was that I came late from work. Recently her father had asked for divorce.
Now there is a meeting about to happen in which her father will give the terms and will demand a huge sum of money.
We have lot of audio and video data in which it is clear that we had not touched her and not demanded anything. And this all was preplanned. We try to convince her a lot but she didn't agree.
Note: - It is sure they will go for divorce. She will not come to me. They want to marry her again soon. They had seen another boy for her. She stopped wearing mangalsutra and using sindooor.
Are there some steps that we need to follow?
What cautions that we should take?
What more data should I collect and what is the best way to get away with least loss
If you have audio and video proofs then how soon it take to get away with false 498a?
Thanks & Regards.
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Agreement on plain paper is valid or not?
i have made one agreement with my grandfather on a plain paper..my grand father age is 86 yrs. actually my grand father filed a case against my father in 2003 to vacate the property. my father has lost the case from lower as well as high court of Delhi. my grand father has proved that suit property is self acquired property..he filed execution in district court there i filed my objection that this decree does not apply on me.. my father can leave but i can not because i have an agreement with my father on a plain paper with two witnesses and according to agreement i can live there where my father occupied the place in the suit property. but before the court my grand father said this in not my sign on the agreement under the pressure of my Chacha (uncle)whom my grand father transfered all the property .agreement amount is 5,00,000/- and i have given him 50,000 in advance by cheque. after 6 months tis hazari court decided that agreement is not valid because sign does not match. i said i am ready for FSL. but no use. now i filed the appeal in saket court because property and both the parties is from south district. plz tell me whether my objection sustainable or not..