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Yeshwant   22 June 2014 at 17:54

Time period to file a partition deed

Hi

In 2010, my father and brother, sold ancestor property. We need to cancel the sale deed (it is not yet registered).

We (father and myself) file a suit to cancel the sale deed. but now father is refusing to appear before the court against this case.

Want to know, what is the time period, within which, I can file an partition deed.

Thanks and Regards,
Yeshwant Gupta.

Advocate Ravinder   22 June 2014 at 15:06

Recovery of money

Dear Experts,

My client’s friend had requested my client to pay a sum of Rs. 2 lacs as hand loan. As he is a close friend, my client had transferred the amount by way of Bank account. He had promised my client that he will repay the sum within one month. As he trusted his friend he did not insisted for any promissory note or any written letter. After one month when my client reminded him to repay, he is not lifting the phone and not responding properly. Is there any way to recover the money. Can the bank online transaction can be deemed as a proof of payment of hand loan. I request the learned experts for their comments.

kayskhan   22 June 2014 at 11:15

Transfer application

Respected Sir An injunction /Eviction suit is pending before the Honb’le court since from 18 years waiting for justice.
The plaintiff is owner and possession of the house by virtual of sale deed dated 16-04-1996 same sale deed registered by sub registrar Srinagar the plaintiff become the absolute owner of the said property and a shop in its ground floor which had been in the rental possession of tenant.
That till date the tenant totally failed to pay the rent toward the land lord from the date of execution instead of paying rent toward plaintiff he filed fake suit of injunction against plaintiff and harassing without any cause of justification. The court asked for witnesses but tenant failed to call his whiteness applying tact’s of delaying and filed an application change the structure/Minor repair of said disputed shop in connection the both suits the principal judge directed an order the both suits heard jointly and posted same date that was just direction, and the present judge 2nd additional Munsiff passed orders the parties are same in the both suits suit of disposal let the both files be clubbed and warned to opposite side call the whole witness and don’t vaste the time of court now the opposite side filed an transfer application diarizes to front of disst. Judge the application is submitted as under the honble court of 2nd add. munsiff instituted separately that the suits have been consolidated by honbl’e court vide order the 2nd munsiff proceeding twice week in rush to dispose of the matter seems to surpass the interest of land lord/plaintiff.
My question is can the disst. Judge permitted/accept this kind of application for transfer because they blaming on Munsiff 2nd additional the high court order is passed if the old cases are pending before the court of law finished whole them and what can do our counsel for this matter if any order passed by delhi court/high court please gudie us that will be your's most kind ness

A K THAKUR   22 June 2014 at 11:06

Regarding payment of arrear on promotion during study leave

Sir,
I Dr .A K.Thakur , joined CGHS ,Patna on 17.06.2005 , through CMSE EXAM 2002 conducted by UPSC.
2. As per existing rule I should have been promoted to Senior Medical Officer , after completion of four year of service . But for unknown reason notification of my promotion came on 26 th march 2014, almost five year late for no reason conveyed to me.
3. In 2013 I became aware of another fact that one doctor who joined CGHS one week(on 24.06.2005, Exam Batch Cmse 2003) after me has been given promotion to SMO in 2009 itself.


4. vide order dated 26.03.2014 issued under the signature of M.K.Sharvar, Under Secretary to the Government of India in which a list of Medical Officers have been issued granting promotion to the grade of Senior Medical Officers in Pay Band 3 in the scale of Rs. 15600-39100 plus Grade Pay of Rs. 6600/- with retrospective dates as per their eligibility and entitlement. In the said list, my name figures at Sl. No.3 and I have been granted promotion with effect from date 04.04.2009. I further submit that, on
04.04.2009 I was very much there in CGHS, Patna and I was discharging my duty satisfactorily.
5.with effect from 05 th February, 2014 I am on study (duly sanctioned by ministry) leave in Patna itself.
6.In this connection When I contacted Additional Director, Central Government Health Scheme,Patna for my Pay Fixation and Release of Arrear amount from 04.04.2009 till 05.02.14 , they said that this will be done only after three year ,when I will return after completion of my study leave.
Since my promotion is from back date my queries are:
1.whethere I am eligible to draw my arrear and upgrade pay immadiately or not ,i.e right now?.
2. whethere the period spent on study leave (in case of medical officer of chs)is recokned for earning leave as it is recokned for railway emplyoee.

Balasubramanian   22 June 2014 at 06:42

Signatory to consent terms backtracks.

In a land dispute suit (Regular suit) the defendant had signed consent terms with the petitioner along with the members of his family,the family members were not parties to the suit,in fact it was suggested by the advocate for the Defendant to include other family members as signatories in consent terms before the Judge,so that they don't harass the petitioner filing unnecessary court cases after receiving compensation.The Judge in her order found the consent terms not in order and passed an order saying the consent terms inappropriate,now the defendant even after receiving the compensation as per agreed terms refuses to come to the court again for filing fresh consent terms as the property price has gone up and is blackmailing.The petitioner and defendant were properly identified by their respective lawyers before the Judge,with their Signatures affixed on the Consent terms when it was filed before the Judge.The petitioner has a stamped receipt for the compensation paid to the defendant.
now what is the remedy left for the Petitioner?to get a proper Decree!

simy   21 June 2014 at 18:15

Do i need to reply to my lawyer's application to leave case

Hello,

My lawyer told me he cannot continue with my case as he dont have enough time and left my civil property related case and gave me his no objection paper.

But in the next hearing he still came to court and gave an application to court that he is leaving the case as "he had difficulties with me & hence leaving case".

This was surprising to me and unexpected. I am searching for other lawyer, but in meanwhile do i need to reply to this application made by my x-lawyer?
Can this have any adverse affect on my side?

Thanks.

Ranjeet Singh chauhan   21 June 2014 at 15:12

Rti activist contesting case.

Hi Team,

I can trust this forum only for genuine and trustworthy suggestion. I do have lot of lawyer friend. They are good but can not reply to my this query with supporting legal references.

I am an RTI activist but not the lawyer. I filed more than 50+ RTI and attended more than 10 hearing with SIC, Haryana.After my serious of RTI application on Right to Education, I realized that we can get facts from RTI.RTI replies confirmed the law were not followed by concerned school. Same was followed up with DC and District Education officer and Directorate of School Education as well. However no one is ready to intervene.RTI finding are not taken seriously by Govt. departments unless receiving summon from court. Now, I am well aware of facts and want to contest in High Court. This can not be PIL as its related to one particular school.

My lawyer friend is ready to file his WAKALAT NAAMA in the case. But can not contest the case due to lack of subject matter deep understanding. Is it possible if I can contest the case on his wakalatnama being him present in all the hearing.

If same is possible then do provide me the reference of law and act that support the same.

srinivasa Kiran   21 June 2014 at 10:38

Illegal possession of agriculture land

Hi seniors,

One of my friends has property in a village, wherein the property was under someone's possession. Unluckily, the same persons have managed the MRO office, and got created new pattadar passbooks. However, EC is on my friends name only. Now I would like give a notice to them. May I request you to please send me a one that suits my requirement .

Regards

Kiran

vikram   21 June 2014 at 07:21

Traffic department asking for insurance of vehicles

Was curious why is the Traffic Department curious to ask for vehicle insurance when drivers are checked on road by traffic policemen.

which law states that traffic department can ask for insurance of the vehicle, and why is such a law ???

when no one in this country ask any citizen if they have a life insurance or not why for vehicle insurance ?

i smell a nexus between traffic department and insurance companies, becos this way the insurance companies can force the consumers to pay for insurance, and i believe the insurance companies in return gives hafta to traffic department for implementing this law.

kindly reply.
Vikram

tusheer chauhan   20 June 2014 at 21:37

Public obscenity

i was sitting in car with my female friend(not girl friend) in parking lot near my home. i live in dda flats in dilshad garden,Delhi. the RWA president came knocking on the window 2 minutes after we sat in the car and started asking our address. is it illegal to sit in our own parking lot with female friend or even girl friend. does RWA members have the right to ask questions like this or only a cop can do so.please help me in this regard.