yogesh
04 September 2014 at 13:02
Sir,
I HAVE FILED THE civil writ Petition before the single Judge of the Hon'ble High court.The Ld Single Judge has dismissed my CWP 2 months ago at the time of admission..But the Hon'ble Judge still has not made the order against which I could file the Letter Patent Appeal..Please guide me what is the normal recourse in such cases???
Thankyou
yogesh (advocate)
Member (Account Deleted)
04 September 2014 at 12:23
Dear Sir/Madam,
My father was written partition document (by Will) to my brother and me for 4 acres land. My grandfather was written Will to my brother and me before his death. I got 2 acre land by this document. I have one son and two daughters. Daughter were got married the year 2000, & 2002. Now my daughters can claim any share in my 2 acre land. Please give your advice.
Thanks.
Suresh Kumar,
Tamilnadu,
Kanyakumari District.
Rocky
04 September 2014 at 00:24
I work at Kolkata. One person sued me with a Money Suit civil case. Can I run, answer & contest it by mailing and postal services from my state.
My state is Kolkata
Case raised in Delhi.
Srinivasan P
03 September 2014 at 22:28
what S.R.No.? By taking a S.R. No. is
limitation act apply to appeal in civil cases?
Srinivasan,tiruchirapalli
manoj sharma
03 September 2014 at 22:15
sir,
maine bahut se logo se suna hai ki yadi private property par 12 year aur government property par kisi ka 32 year kabja yane possession rah jata hai to wo uska malik ha jata hai kya yeh sahi hai aur petrak sampatti main kabja possession mayne rakhta hai ya nahi
Member (Account Deleted)
03 September 2014 at 19:37
Dear Ld. Members:
The tenant hasn’t paid rent for the past six months’.
Apart from filing a Non-Judicial Case in the appropriate Court and/or filing an Ejectment Suit what remedy is available?
Is locking of the tenanted premises by the Landlord a suitable and legal option?
Thanks in advance.....
Divya
03 September 2014 at 17:19
Respected Experts
Brief facts of the case are a leading bank files void, fraudulent and non-est execution proceedings arising out of a fraud award. Bank succeeds in taking 1st ex-party order of attachment after which third parties appear as obstructionists and take a stay....though there is a stay of order for attachment of movables, suddenly after 2.5 years, due to some reason, none of the parties except the bank appear for a hearing in December 2013 and again file fresh applications for attachment and succeed. Despite matter being taken on board for removing warrant and stay of 2nd warrant on several lawful grounds, court supports banks’ act but on the day when bank comes for seizing movables in January on day of 20th, i as an obstructionist am forced to deposit 2 lakhs before the court to get the banks’ acts stopped urgently. I had filed several application u/s 151 of cpc to nullify 2nd warrant dated december month all ignored by court, but i am appearing as in-person and due to complexity of case, none of the advocates r supportingmuch here due to fraud & conspiracy of bigger departments & authorities involved. Since 20th January, on each date, that order of stay of warrant is only being extended with no extra condition of payment.
My biggest doubt is now the matter has been transferred to a new court & judge & very high probability that bank may pressurize for paying a big amount for that attachment warrant. Hence i am stuck with 2 doubts....
Should i file a review petition before the same sessions court to review the incorrect order passed in December for attaching movables & alongside put the order of 20th January of stay warrant for movables seizure also for a review since this warrant has to be cancelled by court and order dated 20th January was not correct if the warrant itself is illegally obtained by doing fraud on the court.
Or
Do i file appeal against the latest order where the court has extended the order dated 20th January for another date.
Please advise experts on the best course of action considering aspects of limitation
CHARAN SINGH
02 September 2014 at 22:34
I entered into a registered agreement for purchase of 4,430 Square Meter agricultural Land in September 2003. I made balance payment of contract within six months by account payee cheque to the opposite party but the opposite party did not make sale deed on due date and I filed a case for specific performance. I submitted list of witnesses having only one my name and now my cross-examination completed on 05.08.2014 and I submitted an application giving list of witnesses which should be examined further on my behalf but the advocate of the opposite party opposes to it badly. Now the next date of hearing is 18th September, 2014 in which advocate of the opposite party will submit his objections in writing. Whether more witnesses submitted by me now are allowable under the provisions of civil procedure code?
MADHUSUDEN KOHLI
02 September 2014 at 20:38
Dear sir,
Server of the court has reported to the court
that respondent has refused to take the summons. During cross examination he says that respondent herself was not present but her employee was present however empoloyee refused to take the summons.Server did not take any witness or signatures of anybody in
and around the shop and shop is in market place with lot of activity around.Will it be considered as summons duly served?
Regards
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Need help
1) I had executed an agreement having deed no. ----/12 dated 29.02.12 for purchase of a residential space for building construction on 29.02.2012 between landowner- cum- builder Mr IM and myself, Mr. PD. I had paid Rs. Six lakhs fifty thousand (Rs. 6,50,000/- )as a advance towards the same
2) Due to some personal reasons, I had cancelled my agreement by way of lawyer notice on 11.04.2012 which was as per agreement clause number 19 “That in case this agreement becomes void or is cancelled by either party, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges per annum and is cancelled by first party then first party wiil pay15% cancellation charges per annum to second party.
3) But Mr.IM refused to make any payment lawyer notice and I was forced to proceed for arbitration as per clause number 20 “ any dispute arising out of this deed shall always be mutually resolved in a spirit of good faith; or it will be resolved by arbitration as per law.”
4) On advice of my advocate, Mr. AB , Mr. CD was appointed as arbitrator. Likewise, Mr.IM also appointed a lawyer and an arbitrator for the same.
5) I had sent one Arbitration notice -01to Mr.IM addressing to my Claim before the Arbitrator
6) Likewise, Mr.IM also Submitted his claim Arbitration notice -02 before the Arbitrator
7) In response to arbitrator requirement I had submitted my evidence lead before the Arbitrator
8) But Mr.IM did not submitted his evidence lead
9) On 10.11.2013 advocate AB and Mr CD has resigned due to certain difficulties
10) I proceeded to another advocate Mr EF, he advised me to file lawsuit (1) file 420 case (2)consumer case for which I did not fully agree. . He asked me to pay for this cases as he had prepared the paper
11) Advocate Mr EF informed me that wrong procedures were being followed previously and he would proceed through the court
12) Mr EF gave me a case number Mis(Arb) ---/2013, Additional session judge -01 and told me hearing was done ------2014
13) On 19.12.2013 Mr EF raised the petition
14) Likewise, Mr.IM also raised objection
15) Mr EF has resigned on 24.08.2014due to certain difficulties and
Mis(Arb) ---/2013 was dismissed due to non presence of lawer from my side
Please let me know
1) Can I directly appeal to high court for appointment of arbitrator (judge) so solve my case
2) Or I have again appoint one advocate and arbitrator in place advocate AB and Mr CD and have to wait until any dispute arises between my new arbitrator and builder arbitrator