Saurabh
30 August 2014 at 19:56
Facts:
Plaintiff filed seeking permanent Injunction to prevent from dispossession of Suit property
Appl O.7 R.11(a)&(d)doesn't disclose any cause of action & O.6 R.16 abuse of process of court
CAN A PLAINT BE REJECTED WHEN
the plaint & supporting affidavit was prepared & printed with alleged cause of action dates (eg 03/02/2000, 04/02/2000, 05/02/2000)AND signed by the plaintiff and attestion of supporting affidavit was done on 19/01/2000.
And Finaly suit filed on 07/02/2000 after passing alleged COA dates.
Issue: the supporting affidavit is dated & attestion is 19/01/2000 but the cause of action alleged in the plaint is a future event, which is yet to happen. IT IS LIKE THE PLAINTIFF IS MAKING A PREDICTION IN AN AFFIDAVIT THAT CAUSE OF ACTIONS in plaint WOULD OCCUR TO HIM ON FUTURE DATES.
REPLY FROM PLAINTIFF o7 R11 APP IS INADVERTENT TYPOGRAPHICAL ERROR.
KINDLY help on the scope of success or failure of o7 r11 app on these facts.
Imp Case law on would be welcome.
ASHISHKAMTHANIA Advocate
30 August 2014 at 19:28
RESPECTED SIR,
I AM A LAW GRADUATE AND PRACTICING AS TAX ADVOCATE SINCE 2009, I JOINED A TAX BAR ASSOCIATION IN 2012, AND I AM A REGULAR MEMBER OF THE TAX BAR ASSOCIATION.
WHEN, I KNOW THAT THE TAX BAR ASSOCIATION IS NOT REGISTERED WITH ANY LAW, THEN I AND 6 MORE MEMBERS OF THAT TAX BAR ASSOCIATION AND 7 MORE NEW ADVOCATES ARE JOINTLY SIGNED OR FORMED A NEW TAX ADVOCATES TAX BAR ASSOCIATION, AND GOT REGISTRATION IN SOCIETY ACT.
THE OLD & UNREGISTERED TAX BAR ASSOCIATION HAS A RULE "THE MEMBERS REGISTERED WITH US, ARE NOT JOINED ANY OTHER TAX BAR ASSOCIATION"
NEW MY QUESTION IS ==>>
BECAUSE I BREAK THE RULE OF OLD TAX BAR ASSOCIATION, THEY CAN PUNISH OR DEFAME ME OR THEY CAN ASKED ME ANY QUESTION?
IF THEY PUNISH ME CAN I FILE ANY CIVIL CASE ON UNREGISTERED TAX BAR ASSOCIATION.
PLEASE HELP ME !
REGARDS,
Ashish Kamthania,
Tax Consultant & Advocate
Residence : 23, Tilak Colony, Rampur - U.P. 244901 INDIA
09258010105, 9219727427, 0595-2350246
email : kamthaniya@gmail.com
Vinod
30 August 2014 at 17:20
my friend son taken personal loan from bank at the time of job,now he lost the job and three EMI chq. bounced and recovery agent of bank forcing on mobile and contacting his father and other releatives and coming regularaly at working palace of his father and shouting.
The loan is to him given by the bank without confirming father and relative.
Please suggest me how to help my friend in this situation to come out.
Bulu
30 August 2014 at 11:17
I had executed an agreement having deed no. xxxxx dated 29.02.12 for purchase of a residential space for building construction on 29.02.2012 between landowner- cum- builder and myself. I had paid Rs. Six lakhs fifty thousand (Rs. 6,50,000/- )as a advance towards the same . But 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.”
I am very much interested to know
1)cancellation charge 15% based on amount paid (i.e.Rs. 6,50,000/) or total value of flat (i.e.Rs. 30,00,000/)
2)Time for calculation of cancellation charge is 0.112 year(i.e 31 days) or 01 year
3) Builder has claimed for demolition charge which is not mentioned in the agreement , please clarify whether it is legally chargeable
S. Fernandes
29 August 2014 at 19:42
Kindly advise if an injunction application by DH under order 39 r/w sec 151 cpc, is legally allowed against an applicant under rule 58 of order 21, filed in execution proceedings.
Please advise?
Thanking you.
Udayan Roy
29 August 2014 at 12:31
Sit/Madam,
My father-in-law superannuated on 1/5/1993 from Bihar Govt Service (Undevided).
He died in Dec last year.
His PPO did carry a joint photograph of his with his wife but unfortunately the portions to be filled with name of spouse and nominee was discovered after his death,to have been left blank .
So her claim for family pension has been turned down.
Is there any means or process by which she can claim/receive the family pension.She is the sole eligible person for the said pension.
Regards.
Udayan Rpy
Dheeraj Kaushik
29 August 2014 at 12:30
Is Decree is appealable is yes in what circumstances it can be appealed
Naveen Kanth Dasari
29 August 2014 at 12:17
Hello,
I have a query regarding Lease Deed.
I have took a portion on Lease for my office and the Lease Period is for 3 years and the Rent is Rs.10,000/-. Now my doubt is can i vacate the premises as and when required if i get a office space below Rs.10,000/- rent. Or i have to completed the period of 3years.
Please suggest me.
Thank You.
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Time barred for money
I had purchased a residential flat in 2006. I had paid Rs.95000/- as advance as per agreement. The Developer was to hand over the completed flat after two years. I visited the site several times till December 2010, there was no structure. Recently I visited the site and could find that only structure was there.The Developer has never asked for further money.
I want to file a case before the Consumer Forum to hand over me the completed Flat.
I want to know that the money paid as advance are barred by limitation of time? Can I file a case before Forum for handover me the completed Resident Flat now?.