MSC Shekar
26 July 2014 at 17:37
In a civil suit a Govt Dept/Respondent filed a false Register / Record in response to a Call for Records Petition and though the petitioner orally objected it the same was filed in the court and taken on Record by the court.
Can we file a 340 CrPc against the Respondent or file Contempt of Court Petition for such a crime.
Thanks in advance
Namakkal Raghavendran
26 July 2014 at 16:35
A judgment has been passed by the trial court in favour of the petitioner. The respondent's appeals have also been rejected by higher courts. The petitioner files an execution petition and the court gives a decree after hearing the respondent. Can the respondent now file an appeal/ask for a stay, or is it that once execution orders are passed they have to be carried out?
Bulu
26 July 2014 at 15:59
If any lawyer doing any manipulation or mistake which may be internationally or unknowingly for which client has to pay , then where the client will get the justice or get back his money which he paid
cchs1962
26 July 2014 at 14:37
My Coop Hous. Soc. Ltd has instituted a suit in Board of Nominees in the year 2011. The Hon'able court have given stay in favor of society till the final award been given by the said court.
Kindly let me know that what's the procedure of registering Lis Pendens with the Sub Registrar and as a Society can we give the application in writing to the Sub Registrar's office directly? What court documents do we need to attach with the said application?
What if the builder has sale off or have made kabza pavati/ Possession Receipt before the court gave its stay, can society still give application of Lis Pendens to the concerned authority?
Krishna Raju
26 July 2014 at 14:23
Dear Sir,
I am a grandson of freedom fighter K. Chitti Raju, as recognition of his involvement in the freedom movement government assigned agriculture land on his name in 1965 and the same land transferred to my brother and myself.
The villagers filed a case in Narsipatnam Munsif court in 1967 and appealed at second additional court Visakhapatnam in 1971 against to the government, my grandfather and 7 others. They argued as this was a pond before allocating to us, hence they asked to cancel our assignment.
Court heard all arguments and gave the judgement in favor to my grandfather and the land is in our position till now.
Government filed a written statement saying that the government provided better irrigation system from the nearest reservoir, so this pond is not required and they also quoted as if this pond is open their irrigation channel will effect.
After 44 years of this judgement, again the villagers and panchayat sarpanch challenging on the same allotment just to because of their political benefits, they are quoting as this was tank before assigning this to us and creating a law and order problem by bringing huge crowd to the fields, and damaging our properties when we are trying to do cultivation.
We have the photo copies of the judgement, we have shown all judgement photo copies to the government officials RDO, MRO and Sub inspector, unfortunately all the government officials influenced by the politicians and they are not ready to do justice to us, they are dragging on the case.
1. We have provided all judgement copies and evidences of revenue records to the sub inspector and register a case against to the Sarpanch and 13 other villagers because they damaged 1 lakh property including the crop. FIR has been registered but no action taken till now.
2. We have provided all documents to the MRO and asked for the justice, as expected did not receive any response, they are just dragging on the case.
3. We have provided all documents to the RDO and asked for the justice and also we filled a bind over case against to them, no action taken till now.
4. They are openly saying there is an influence from the higher politicians and advising us to settle the matter in off court.
Could you please advise what can be done in this situation, we would like to fight on this till we get justice.
Bulu
26 July 2014 at 11:54
I have executed one register agreement between me and land lord to purchase one flat in the 3rd floor of the land lord residence on 29.02.2012in Guwahati DC office and paid Rs.650000/-. But due to some of my personal problem want to cancel the agreement on 09.05.2012 by lawyer notice . Also it is as agreement clause no.19 which is “That in case this agreement becomes void or is cancelled, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges. The Second party shall have no claims for compensation or damages or for deficiency of service. The Second party shall also have no claims whatsoever upon the building and/or the land.”But land refused to make payment after deduction . when I proceed for arbitration as per clause “That any dispute arising out of this deed shall always be mutually resolved in a spirit of good faith; in exceptional cases it will be resolved by arbitration as per law.”
My first lawyer started the arbitration with two arbitrator( one from each side)and continued for one and half year and did not approached to court to the court for umpire . Is it possible
After that my second lawyer asked me to file 420 case and consumer case. After that the arbitration should be run through court and given me number 43/2013. Is it possible
GANGAM.RAJENDER.
25 July 2014 at 17:32
respected sir,
THE PRINCIPLE OF LAW APPLICABLE IN THIS CASE IS THAT SO LONG A PROPERTY REMAINS IN THE HANDS OF A SINGLE PERSON, THE SAME WAS TO BE TREATED AS A SEPARATE PROPERTY AND THUS , WOULD BE ENTITLED TO DISPOSE OF THE COPARCENARY PROPERTY AS SAME WERE HIS SEPARATE PROPERTY, BUT , IF A SON IS SUBSEQUENTLY BORN TO HIM OR ADOPTED BY HIM, THE ALIENATION WHETHER IT IS BY WAY OF SALE, MORTGAGE OR GIFT,WILL NEVERTHELESS STAND, FOR A SON CANNOT OBJECT TO ALIENATION SO MADE BY HIS FATHER BEFORE HE WAS BORN OR BEGOTTEN.
BUT ONCE A SON IS BORN, IT BECOMES A COPARCENARY PROPERTY AND HE WOULD ACQUIRE AN INTEREST THEREIN.
Q1.ACCORDING TO THE ABOVE PRINCIPLE THE FATHER WAS EXECUTED THE SALE DEED IN THE YEAR 1970.THE SON OF THE EXECUTENT CAN HAVE RIGHT TO CHALLENGE THE SALE DEED FOR CANCELLATION AS SON WAS BORN IN THE YEAR 1954 AS THE CASE WAS PENDING BEFORE THE DISTRICT COURT.AS SECTION 6(1) OF HINDU SUCCESSION ACT AND OLD HINDU LAW CAN APPLY HERE SIR. (CITATION C.KRISHNA PRASAD V. C.I.T., BANGALORER)
Q2. IN THE ABOVE QUERY WHAT IS THE MEANING OF "NEVERTHELESS STAND SIR". SALE DEED IS VALID OR NOT SIR.
THANKING YOU SIR
PLS GIVE ME VALUABLE SUGGESTION .
kumar
25 July 2014 at 15:31
In civil case municipal is involved as defendant though the land of plaintiff is not approved and comes under excess land,
now as defendant how can I remove the unneccesssary party from the case.
JEET
25 July 2014 at 14:15
Hi Team,
I had taken a peronal loan of 5 lakhs in the year 2007 and after paying a 4 months EMI , i loose my job and then keep on switching places and have no idea what happened to the loan . After 7 years now , when i am settled again , somehow I was contacted by the concerned bank again for the repayment of the whole loan .I already know that after 7 years the loan has been writ off the bank records . Secondly bank do not have my original documents like application form etc. Can there still be a legal action against me if I do not pay the loan . OR in case I ask for the settlement , to what extent I can negotitate with the bank for the repayment so that I can pay lesser amount. I can pay a 1 lakh rupees against the outstanding principal amount of 3 .7 lakhs. Please advice and I will act accordingly .
Regards,
Jeet.
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summon receiving
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