ajay kumar mishra
28 April 2014 at 20:53
Ad-interim injunction was extended till 17/04/2014 but the petitioner died on 12/04/2014, so the ld court did not extended the ad-interim injunction filed by the legal hairs who had also filed substitution petition before the ld. court but the same is still pending for hearing as the defendants have taken time to file objection. what is the remedies for the legal hairs of deceased petitioner whose extension petition is not allowed on the ground that they have not substituted in place of deceased petitioner?
DHIRAJ CHANDRAKANT KUMBHAR
28 April 2014 at 18:35
Sir, what is the limitation period for filing a civil suit for recovery of earnest amount
Jitender Singh
28 April 2014 at 15:23
Sir,
A Public Trust registration is pending since 1970 (44 years). Civil litigation is going on the property of public trust. Vested interests are not letting the trial complete and are continuously destroying the property which worth several hundred crores.
Kindly let me know what can be done in this matter.
Rgds,
Jitender Singh
Subrayan
28 April 2014 at 10:54
Thanks for your previous response. I once again posting the same message with agreement. I have booked a flat in 2008 in a project comprising few blocks with 20 level buildings. In the signed agreement it is not clearly stated that payments are to be demanded based on the completion of floors in a block where my flat is located, its more General. The Handing over is clearly defined (42 months from commencement date) as the whole project with the exemption in case if promoter receive the approval for higher levels, stating that they will continue higher level even after handing over.
The promoter has delayed the project and till date no handing over. I have released more than 85% of flat value by end 2011, after that I have stopped releasing any further payment. Now my question "Is the promoter has the right to demand the payments based on the progress on individual blocks?" My understanding based on the agreement is that the Promoter should have progressed all blocks simultaneously in order to meet his agreement of delivering the whole project.
Copy of agreement is enclosed for your review and advice.
varinder
28 April 2014 at 07:00
That the honorable court had attached the salary 1/3 in recovery suit for Rs 97,000/-and the direction been given to the BSnl for attachment and same amount is to be sent to the honorable court.The department higher officer had release the salary after 24 months without taking prior permission of the honorable court him self incase if said officer do so wheter the contempt of court is appliable against those officer as my opion is that the court can recall the order but the department officer has got no power to realse the attached salary nor the department is the party inthe case do reply me what to do so that such officer is to be pubish for the voilation of court order on the other without prior permission from the honorable court. and also give me some judgment regarding its.
vivek
27 April 2014 at 23:13
Respected Sir / Madam,
My problem is about the leakage problem because i am staying in top floor and my society people are not helping me to solve the problem. So kindly suggest what major step can be taken.
Sorry if i have not selected the proper category.
Regards,
Vivek Naik
Neeraj Kaushal
27 April 2014 at 21:00
Whether resjudicta applies in application under order 9 rule 13 cpc. Application decide earlier filed again.
RAMA KRISHNA
27 April 2014 at 20:18
Sir,
1)We are tenants (50) of an Appartment residing in five floors.
2)Originally the land is an Agricultural land. Our builder is having only cart track way in it.
3)He built the Appartments in one side of the land and kept rest of the land with himself.
4)Our builder has registered the flats to all of us by showing 33 feet road (in the sale deed as well as in the plan) in front of our Appartment.
5)But he did not transferred the land to Municipality in writing.
6)It appears that he had managed the Urban Development Authority and Municipal authorities (without handing over/transferring the land in writing for road) at the time of plan approval.
7)Now the Municipality is not developing the road in front of our Appartment like laying of BT road etc. on the plea that the builder has not transferred the land.
8) In an approved lay-out only the land earmarked for roads etc. transferred to municipality automatically. But ours is not an approved lay out. He just applied for plan and built it.
9)The builder is not giving the land in writing because he is having some more land adjacent to the Appartment which is road facing to the other side. The builder with a malafide intention he is not transferring the land earmarked for road in writing to the Municipality.
10)Please show a way. How to convince the Municipal Authorities. Is there any specific Rules or any so in this regard.
Thanking you.
RAMA KRISHNA
27 April 2014 at 20:08
SIR ONE FILE ATTACHED.
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Liability of legal heirs of guarantor
A person has taken agricultural loan form Bank and put his father as guarantor. Both son & father died in a period of 1 year without repaying the loan. Bank put the land on auction, but full amount could not be recovered. Further recovery proceedings are initiated against the brother of the person who has taken loan as their father stood guarantor. On what points the recovery proceedings can be objected or could the bank initiate the recovery ?