niky......
14 August 2014 at 23:27
Hi,
My current lawyer is not willing to put a challenge against the small cause court order(intermediate order regarding opposite party's amendment which got passed).
But i want to do so, so my question is can i give the high court challenge matter to other lawyer and continue with my existing lawyer for handling small cause case court once the stay order at small cause will be removed after high court gives decision?
Or is it necessary that same lawyer needs to present my case in high court & small cause court as well?
Thank you.
anupam sharma
14 August 2014 at 19:19
Vide a will of person, his wife, two sons and one daughter had each equal share viz 25% in one three storyed house. One brother dies nad his wife after getting her 25% share transferred in her name , sells the house at Chandigarh where partition by metes and bounds is not allowed. Such 25% of her share of the described house was sold without getting her share determined by Competent Authority/Court and put the purchaser in possession of whole first floor and one parking garage (i.e. excess of her share). What can be done by other shareholders now, besides filing suit for partition? Can sale deed be cancelled as the third party was in notice of her share 25% in joint house?
pushpakrishna
14 August 2014 at 16:43
Dear Experts,
A owes (borrowed) Rs.1,00,000/- from B and Rs.2,00,000/- from C.A is having a house worth Rs.5,00,000/- B filed a suit for recovery of amount and got an attachment before Judgement for Rs.1,00,000/- now C wants file a suit for recovery of the amount of Rs.2,00,000/- and wants have an attachment before judgement of the house mentioned above. can court consider the same? as the house already attached for Rs.1,00,000/- of course the House worth is Rs.5,00,000/- .kindly give me the suitable advice for the attachment before judgement in respect of the C. Thank you in advance
MSC Shekar
14 August 2014 at 16:21
It is understood that Treasury Department which is under mandatory Scrutiny of Auditor General of India.
Can we make a RTI Application to the Auditor to verify a particular entry in a Particular Treasury Record/Register and furnish information relating to it. The Register in question contains data from the year 1956 till date. I need the data of the year 1956.
My query is Since the Auditor is duty bound to Audit can he under RTI Act furnish the information requested by me.
I want to approach the Auditor because I am doubtful whether the Treasury Department will give correct and true information.
Thanks in advance.
Reformist !!!
14 August 2014 at 15:16
Hi Experts,
I am planning to file an execution U/S 25 and 27 of Consumer Act for enforcement of an order passed by the District Redressal forum.
I made an application under sec 25 and 27, but the reader in District forum is saying to include only section 27 of Consumer protection act in execution petition, so that the other party pays my money in a rapid manner because of fear of arrest.
My query is if i file u/s 27 and draft my prayer as per section 27 of CP act then judge may issue warrant and in that case will he be able to take BAIL or stay for Arrest from State or National Commission ?. Pls guide me on this point.
Other query is if i do not include sec 25 and files under 27 only, then will judge be able to pass recovery orders after selling Opposite party's property/bank accounts ?
Pls. guide me how shall i proceed i.e. should i include both the sections in same application or not.
M Satyanarayana
14 August 2014 at 14:37
Sir,
I am holding 1/3rd share in the property declared in the partition suit filed by me against my sister. From the date of filing the partition suit I am not occupying the property. My sister during the entire litigation has alienated me from the property which comes to 18 years. I am forced to live in a rented house. In the preliminary decree I am entitle for mesne profits till the final decree. I have filed along with the Final decree proceedings also mesne profits. Unfortunately my sister on one pretext or other protracted the case obstructing for final decree. She has become a vexatious litigant.
At this stage as the suit is going to be long pending in the court and to desist my sister filing fake and false claims can court permit me to claim mense profits already due to me by my sister as ordered in the preliminary decree.
Sir, Please guide me about the remedy in our judiciary.
Thanking you,
MSN
kumar
14 August 2014 at 14:12
In appeal suit as court asked I sent notice again and paid process ,now should I have to file memo / application on the next date to inform notice is sent.
kumar
14 August 2014 at 14:09
The case is in evidence stage ,plaintiff has not intentionally added other person as defendant in case, I am defendant,
pl. advice,
who should file a application,plaintiff or defendant to implead other person
as necessary party in case.
Bhavik
14 August 2014 at 13:20
Hello,
I am staying on top floor and there is a water seepage from terrace in my house. society is not repairing terrace after so many complain given in writing.
Is there any provision in law to force society to get it done for this repair. I want to know that act # or any SC judgement in favour of applicant.
I am from Ahmedabad - Gujarat.
Above is my original query earlier--
Got Ans. from expert :
1. send legal notice to society
2. Repair can be done by me and that expenses adjust from maintenance.
my query to from your ans. is
1. sending legal notice to society through lawyer?
2. estimate repair expenses is more then yearly maintenance.So how to adjust from monthly maintenance.And if i not pay maintenance , society will charge me penalty or they will stop facility.
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Dear Respected lawyers
I am here for your expert opinion, this is regarding the case of my uncle. He s 65 yr old retired Govt employee who helped his cousin in starting a business abroad by using his credit cards but all the money his cousin invested got lost as someone who cheated him.
now my uncle is unable too pay the money he owe s to the credit card companies and they are calling and harassing him he is living at a pension of 12000 rupees a month and even after he explained this situation to all the CC banks he owed money they are refusing for settlement and asking him to pay all dues which is impossible for him, we as family are taking care of his medical bills ( he suffers from diabetes and kidney problem) he has been on insulin for past many years and recently had a minor heart attack due to these problems
please advise