Durgesh Nandan
01 October 2014 at 00:25
Two weeks ago I had a pair of Nike shoes bought from a Showroom.
Discount from the company's showroom people said the price is so low.
But it degrades.
When I reported this, they also refused to return it.
I was surprised when I found out I went to the Nike showroom pair of these shoes is fake.
I have the invoice given by them.
I want to file a PIL against it.
Please help me.
B. Ravichandran
30 September 2014 at 23:28
Can a multi questionary plea(Inconsistent plea) be arised in a promissory note as defence? If so, quote the related judgements in such cases which occurred in Madras High court.
S. Fernandes
30 September 2014 at 23:11
Dear Sir,
The Court has in execution of money decree attached immovable property, under rule 54 of order 21.
The Bailiff carrying out the attachment, has returned the attachment warrant with his report stating that he has carried out the attachment by beating of drums and pasting on a conspicuous place on the property the notice of attachment.
The warrant of attachment also contained a notice to the Judgement debtors to attend court on a particular date and time to settle the terms of sale.
The attachment warrant?order of attachment was also displayed in the court house, and copies sent to the collector.
My question is:
Is it legally required that the attachment order must be published in the local news paper???
Kindly advise.
With much thanks.
RAVINDER SINGH
30 September 2014 at 18:14
Dear all,
Please send the application format to Court for wean bike in tis hazari court.
anilkumar yadav
30 September 2014 at 12:33
The disputed area as per Punjab Municipal Act 1911 was given away to Shahdara Municipal Committee, thus DRC governs tha area.
Now as per SDM office record the area is still a rural area and no notification by MCD u/s 507 has been out for it nor by DRC u/s 1(2).
Q is that will DRC governs the area or not.
Rajendra S Pitake
29 September 2014 at 22:13
After my grandfather passed away, my eldest uncle was looking after ancestral properties. It includes A-lands (agricultural lands fully owned by family), D-lands (Deosthan Inam lands where family is merely manager to collect rent-khand from tenants). He decided to sell some part out of A-lands to third party without consent of others and my father filed suit for partition in 1977.
That finally got decreed in 1982. In the decree it was clearly mentioned that plaintiff has 1/4th undivided share in all the suit properties. {eldest uncle (DF1), youngest uncle (DF2), grandmother(DF3), father (plaintiff) }
Also it was mentioned that land sold is not binding on others and the direction provided in respect of land sold are "The land in respect of which DF1 has executed the agreement of sale, in favour of DF4 (third party) should be as far as possible be allotted to the share of DF1"
Subsequently DF1 made appeal in the district court and that got dismissed. However direction of lower court got twisted as "The direction given by the lower court that the land agreed to be sold to DF4 should be allotted to DF1 is confirmed.”
Later my father filed regular Darkhast and requested excess land sold to DF4 than DF1's share in A-lands.
Various applications & arguments happened meanwhile in lower court and finally we demanded for separate partition in A-lands and separate partition in D-lands by metes & bounds. Lower Court passed order with direction to partition separately as requested however it secured land sold to DF4 with sentence- "However on perusal of the record it is already decided that no excess land sold by DF1 than his entitlement, and therefore a question of re-decision in respect of multiplier does not arise."
Recently I filed writ petition in High Court to get this line removed from the order, but petition got dismissed at the hearing stage. “The submission of the learned counsel appearing for the Petitioners that since the two types of lands have to be partitioned separately, the share of the DF1 cannot be exclusively from the joint family agricultural lands (A-lands). In my view, the said contention cannot be accepted, as there is no such direction issued in the Decree. In my view therefore, the order does not merit any interference at the hands of this Court.”
Kindly guide me what are options here to seek justice. Is it possible to challenge District Court order (1982) that modified decree after so much time has passed? (Considering facts that partition is still not happened and it has modified decree incorrectly causing injustice to us. Is there any special exception?) OR is there any way to go behind Decree through execution proceedings?
Kvijay12345
29 September 2014 at 17:03
In case of Unsecured Personal Loans a recovery certificate is been issued inwhich there is no mention of any property owned by the borrower.This same order is challenged by the borrower in DRAT & it is still pending.However the recovery certificate holder, Asset Reconstruction company has sent a legal notice to the society in which the borrower owns a flat requesting the society not to allow anybody to deal with the same flat in whatsoever manner & humiliated the borrower further by disclosing the loan amount publicly. Can the borrower sue the Asset Reconstruction Company for defamation, mental torture & humiliation? What are the legal remedies available for the borrower to sue the ARC?
Kvijay12345
29 September 2014 at 15:03
In case of Unsecured Personal loans, a recovery certificate against the Borrower is issued by DRT without mentioning any property of the borrower as no property of the borrower was mortgaged.In the order there is no mention of any property anywhere. however,this order is challenged by the borrower in DRAT & it is still pending.but meanwhile the certificate holder Asset Reconstruction Company has issued a notice to the society in which , a borrower owns a flat;asking the society not to allow anybody to deal with the said flat in whatsoever manner.Can the Asset Reconstruction Company do so & defame & humiliate the borrower while the appeal is still pending? Can the borrower sue the Asset Reconstruction Company for defamation,mental torture & humiliation? What are the legal remedies available for the borrower?(N.B. The order copy is attatched herewith for the kind reference)
JAIME
29 September 2014 at 13:55
Could some one please help me with an outline format of how Appeal ought to be prepared for presentation to the high Court.
This is a case of bringing LRs on record after 115 days of from the death of the Appellant. The excuse given in the condonation of delay was that the LRs were ignorant of the Law. Is it allowed under the Code of Civil Procedure that LRs be brought on record after 115 days after the death and against theexcuse the the LRs were ignorant of the Law? Would it be right to Appeal before the High Court against such an Order of the District Judge? Thank You.
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See rider - what all places to write
Hello,
I have an amendment to do for my W.S. Currently i dont have a lawyer, searching for one. But need to carry this amendment out before time given for it elapse so cant wait and referring my earlier amendment to carry this one out myself.
I have some doubts:
1. I am going to attach a small green paper with amendment text in green to paragraph 9. And i need to write "see rider". Do i write it at top left of the attached paper as well as at the end of para 9? or only at top of the attached paper.
2. As this is 2nd amendment to same para, i need to write 9.B at the start of attached paper right?
3. I need to attach a photograph as exhibit. Do i need to paste this photo on green paper or directly attach to W.S.
Please help me know. Thanks.