RAMJI
24 June 2014 at 22:11
Dear experts...
This is a civil suit against 4 defendants. One of defendant filed a I.A which is pending for disposal. Petitioners evidence/arguments over, respondent argument was scheduled in March 14 and was 3 times adjourned by court as the judge was on medical leave....now court resumed...at this point of time...in order to delay the procee..further, the Petitioner has purposely left outside country ( say UK) since May 2014 as verbally heard..
Whereas the court is insisting that Petitioner be present even during the arguments of Respondent though its not mandatory for its own reasons....last hrng, respondent pressed for quick disposal as he is ready for argument...even then Judge directed Resp to argue in next hrng and ordered for appearance of Petitioner too.
now queries are as below:
1. is it mandatory that Parties to a civil case are to keep informed of the Court while leaving the Country officially in the form of MEMO?
2. Can the party(ies) authorise his Father /son /daughter to Act on his behalf during the said foreign visit? in addition to his/her advocate..
3.In the given case, Petitioners counsel has been asking verbally for long dates (say 3months) for his client to return from UK...Resp objected for long dates as it is already delayed and its a matter of his argument...CAN THE COURT ALLOW SUCH LONG DATE IF THE PETITIONERS COUNSEL SUBMITS MEMO WITH REASONS FOR ADJOURNMENT?
4.Suppose, if Petitioner doesnt appear in next hrng also.... will the court impose penalty on him?
5. In case of MEMO also, will there be proceedings /counter/arguments just like how an I.A is taken up by court?
Your expert advise is welcome
Thanks Regards
Ramji
Bindu
24 June 2014 at 16:27
Dear Forum,
An arbitraion was filed before arbitator for recovery of dues, accordingly award was passed in favour of financial institution Thereafter Execution application was moved for attachment of property to recover due, however during the pendency of Execution, chamber summon was filed by father in law of the Judgement debtor stating that propert belongs to father in law and not judgement debtor.
Soon said financial instituion made application for withdrwal of Execution before High Court, however High Court levied cost on financial institution to be deposited in eight weeks on Decree Holder because of the hardship caused to father in law the applicant of HCamber summons as he was a senior citizen.
Now 12 weeks have passed and fainancial institution failed to deposit the cost within eight weeks or ask for reduction in cost, meanwhile father in law who was the applicant in chamber summons through his advocate has sent notice tht they will go for contempt .
so in this case what can be done to save financial instutution
Suresh Babu Rai
24 June 2014 at 13:18
Sir,
My client X is a senior citizen aged about 73 years. He had two daughters. He was intended to give equal share to his two daughters after his demise. Elder daughter and younger agreed to provide maintenance to X six months each in every calendar year.
Elder daughter 'A' has taken the X to her place as agreed by her to provide maintenance to X. A has taken the X to Registration Office and got executed a Gift Settlement deed in her favour in the year 2010 itself. X, who is a poor illiterate having had faith and without knowing the contents of the Registered Gift Deed has signed on the Gift Deed. He was under impression that the process are for his old age pension. Even he did not disclose the same to anybody till 2001.
That when the X turned to 'B', younger daughter, he deposed that the 'A' has obtained some of his signatures showing the Registration Office. It has come to notice of B and X that, the A has got a Gift Deed in her favour for entire land of X without offering half share to the B.
A panchayat was held in this regard, but the A has refused to give half share to B. Now the X is with B and they have got executed a cancellation of Gift Deed executed in favour of A. A was not a party to Cancellation Deed.
Now basing on the cancellation deed can X file a injunction suit against the A to not interfere with his possession. The revenue records are mutated in favour of A and now X has applied for its rectification.
Suggest me sir.
Ramesh Kumar Pandey
24 June 2014 at 13:16
Dear sir,
We have purchase a Old Building and there was a Four Tenant and out of four one tenant agreed to leave the one room with some money So my question is can i make legal paper or not or advice me what is the procedure
PRAKASHCHANDRA MARU
24 June 2014 at 09:01
hello all learned members
That the representative (who are elected members of trust) of trust lodged ex-5 application before assistant charity commissioner to stop the trustee to do activities which are not stated in the trust deed. Below the application of Exhibit -5 joint charity commissioner passed order not to do activities which are not stated in trust deed. So the trustee whom against the order passed , among the all trustee the secretary published the public invitation to particular caste and stated that among the all progrramme one progrrame will be not performed because it was stopped by the way of representative with intention in this way secretary mislead to caste members and defamed to representatives now I would like to lodge defamation complain before court query is as here under
1) Can I joint as accused secretary only or the all trustee who are against representatives ?
Please suggest me
Regards
rajesh singal
23 June 2014 at 19:23
Hello Experts,
I have purchased a property throgh sale deed in 2003. I have been paying property tax on that property regularly and no dues left. However i have not yet applied for mutation of property in municipal corporation of delhi to my name from the transferor.
I am getting scared of hasseles in mutating the property in municipal office.
I finally have to sell this property. IS there is legal issue if i don't get it mutate to my name and then any problem in selling it?
Regards
Ramesh Tikamdas Bajaj
23 June 2014 at 14:48
I was one of the defendants in High court partition suit.
Defendant no: 2 got an injunction that I should not enter office (one of the suit properties) which is also in my name and which I have been using since over 40 years. At the time of hearing for injunction, judge did not accept my proof, of phone, etc. that I was also using the office. and granted injunction till finalization of suit.
Now the plaintiff has withdrawn the suit.
So logically, all interim orders are no longer valid.
But other defendants have threatened if I enter the office.
Can you suggest a remedy, criminal or civil?
Thanks
chandana chandran
23 June 2014 at 12:12
Whether Registration is compulsory for an agreement for sale of immovable property in Kerala
Murti Devi
23 June 2014 at 09:14
Sir,
Please advise, can the conveyance deed of a flat be registered without the Completion Certificate of the residential society in which the flat is allotted?
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Use of ashoka chakra
We have a neighbor who is sporting a Visiting card having the Ashoka Chakra in gold embossing dead centre of the card. Below this is her name and on the left hand side is the address of the Ministry of Social Justice & Empowerment New Delhi address while on the right hand side is her residential address.
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