CHAUHANMA
17 May 2014 at 19:49
Dear Expert / friend,
1. I am Plaintiff, my advocate filed a Civil Suit for declaration & permanent injunction etc. but did not pay proper court fee.
2. Defendants lawyer filed application under Order VII Rule 11 CPC for rejection of the Plaint.
3. My lawyer filed application for permission to deposit the proper court fee, which has been allowed for paying the proper court fee but it took a lot of time for various reasons,
however I have paid proper court fee.
4. Since the Defendant did not file Written Statement,
5. Can I file an application against the defendant that since he has not filed Written Statement for about a period of TWO YEARS.
6. Can defendant be debarred by court from filing Written Statement ?
7. Under what section/order/rule of CPC such application can be filed?
Thanks for reply in advance.
Mr.baroodkar
17 May 2014 at 17:34
a tenant has filled a suit in wakf tribunal challenging the exchange of wakf property with private property in which the tenant is situated.the wakf tribunal passed an status quo orders till further order. inspite of status quo orders the wakf board has initiating the proceeding of encroachment against the tenant. the tenant filled contempt application in the wakf tribunal against such an act. still the wakf board are intiating the proceeding. please give me idea what should i do
rajkumar
17 May 2014 at 17:25
We are staying in a building since 1964 inwards. The flat was purchased on "Pugree system", practice prevalent at that time. The Landlord has collected rent regularly and he has issued the rent receipt for the same.After nearly 50 years the landlord is asking for arrears of over Rs. 2.00 Lacs in rent claiming that as per law the Landlord can increase rent by 5% over the existing rent, every year. He has calculated the difference and is now claiming the same.
Can some Legal expert advice/opine whether the Lanlord is correct in asking for the in If no, then what is correct %age and from which period on wards he can ask for it.
Advocate M J
17 May 2014 at 12:34
Respected learned members,
My client who is a retired school teacher has taken a HL from a pvt financial institution for which he has received notice U/s 13(2) of SARFASI Act, inspite of he paying his EMIs regularly, for which an IR was filed in DRT. Thereafter again he received possession notice U/s 13(4) which was challenged by him in DRT. After which the DRT has issued orders to the financial institution not to take the physical position of the property till the next hearing date. The institutional's lawyer till date has still not filed any objections.
In the meanwhile the financial institution has sent their team to lock the house. Immediately the case was advanced and a contempt of Court has been filed in DRT. Looking to the DRT's attitude the DRT is fulling supporting the financial institution and has kept mum over the contempt of Court case. Due to this particular reason if the house of my client is locked my client's full family will go on road, hence I am planning to approach the civil Court for getting an injunction against the financial institution not to take the physical position of his home. If this method is correct to take an injunction from the civil Court under which rule / order of CPC I should approach the civil Court, please advise me how to file the case in civil court and what are the documents to be enclosed. Please help my client and save him and his family from going on the road without shelter.
Thanking you,
Yours faithfully,
Mary Joan
kadhiravan
16 May 2014 at 22:51
CAVEAT
when i asked my tenant(CAVEATER) to vacate the shop as there was no rental agreement made and had given 3 month time he has filed me under section 148-A of the code of civil procedure
THE BELOW MENTIONED IS WHAT HE HAS STATED BY HIS LAWYER
1.The caveater submits that the respondent without any reasonable of bonafide grounds with an malafide intention to lockout the shops permises in the occupation of the caveater without any default. and now the respondent is threatening that he is going to file a case and obtained the interim order against the caveater and hence the present caveat petition.
2.The caveater submits that in case the respondent filed a suit before this Hon"ble court seeking an order of injunction against the caveater herein and hence the caveater submit that if any suits are likely to be filed by the respondent, the caveater may kindly give an opportunity and to hear before passing an exparte order against the caveater.
This is was the caveat sent to me.
I never told that iam going to file any complaint
but he has taken precaution measure
The Tenant also booked a case on me at the police station stating that i have threaten him.
Please give a solution for this as i told him that i will also go to the court.
And also could you please tell me how many days will it take to solve the problem
Regards
Kadhiravan
Dipa
16 May 2014 at 22:01
Dear Experts, This is regarding one passage which has a municipal holding no and for that we are paying municipal Tax. Now we have 2 neighbors with two different holding numbers. People of these two holding numbers are using this passage to enter there house since last 100 years. They don't have any other way to enter to their house from the municipal road. They have underground water & Electric connection into there house through this passage. Now one of these house created one additional door and started using that door to take entry in the house through this passage. They have created the door in there own land but facing to our passage, can we ask them to shutdown this door permanently and use the old one ? Regards Dipa
Partha
16 May 2014 at 22:00
Dear Experts,
This is regarding one passage which has a municipal holding no and for that we are paying municipal Tax.
Now we have 2 neighbors with two different holding numbers.
People of these two holding numbers are using this passage to enter there house since last 100 years. They don't have any other way to enter to their house from the municipal road.
They have underground water & Electric connection into there house through this passage.
Can we ask them not to use our passage going forward for any purpose (Entry / Exit / Electricity / Water).
preet
16 May 2014 at 21:34
my client take lone from a bank before 2 years, after that he is unable to pay loan amount. Bank take action and send notice under sarfaesi act. The case of sarfaesi act runs for the one year in DRT. Notices of auction is also publish in newspapers. In between party arrange whole amount of loan and pay to bank. and case is finish.
My query is that when my client pay all amount to bank the charge
Loan Amount + Interest Amount + Penalties + expenses + Auction Charges.
Is bank is in position to take "auction charges" from party, When auction is not take place. If yes then in what section or in what act?
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Judgments on part conveyance
Dear Experts,
Would really appreciate if you all help me to find some HC judgments/ citations in regards to the part conveyance of the society on an undivided/ undivisible land i.e layout plot wherein HC/SC has considered that the part conveyance can be done on the layout plot.
Please help
Rizwan Shaikh