Civil Procedure Code (CPC)

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Queries Participated

mabusubhani   26 July 2021 at 09:27

Son ask rent for his share of father self acquired property

Respected Sir/Madam
One House Was on the name of the My Father , who was died in 2019.My Father Family Members are Wife, Son, 2 daughters.In That House MY Mother (65) [who received State Govt Family Pension], Unmarried sister (40) was live in that home.But My mother and Sister did not allow me in that home.Can i ask rent for my share and My wife can file petition under Women protection act to shelter in the shared property of in-laws

Anonymous   20 July 2021 at 23:30

Resjudicata - framing of issues

In a Mundkar Case where I am an opponent appearing in person, I moved an application under O XIV sub rule 5 of Rule 1 of CPC to frame 17 issues that arise out of the pleadings. The Applicant contested and asked to frame only one issue "Whether she is a Munkdar of our property or not". The Joint Mamlatdar framed only one issue "Whether she is a Mundkar of our property or not". The Joint Mamlatdar did not pass a judgment/order for not framing the issues I applied for but only frame the said issue. Therefore I moved another application under O XIV Rule 5 of CPC asking to frame additional issues listing the same 17 issues. The Mamlatdar passed order that my Application under O XIV Rule 5 of CPC is bared under Resjudicata. My point is that the Joint Mamlatdar did not pass order rejecting my application to frame issues, but framed only one issue. That I had another remedy of O XIV R 5 I moved an application to frame additional issues the same 17 issues. Is there a remedy under any law to challenge this Order. Thank you for your opinion and guidance.

Anonymous   13 July 2021 at 19:59

Estoppel waiver and acquiescence

When is a partition suit barred by Estoppel, Waiver and Acquiescence

Can someone give an example and explain what it means.


Anonymous   08 July 2021 at 10:49

Legal advice

Hi sir, If any father wants to disown/remove his Adult son from his legal custody. Then what is the process. Is a Newspaper publishing is sufficiently recognised as Removal under Operation of Law ? Thanks

Anonymous   30 June 2021 at 15:20

Bill of exchange

Respected sir,

can we use the bill of exchange in domestic market (says in e-commerce industry for buying or selling as a mode of payment) ? if yes then can we pay proper stamp duty applicable on the instrument in online mode?

shyam lal   28 June 2021 at 20:26

Limitation act

Father expired 16 years ago only yesterday one of the beneficiary of a registered WILL came to know that he has 1/3 share in the self aquired property of his father , and Haveing not residing in the house all these years the beneficiary wants to claim Mense profit from rest of the co share holders ,query is ,will he be debarred by the limitation act,or not

Anonymous   27 June 2021 at 21:29

What type of deed is ti be made

The property is in the name of my mother and father. Both have expired. No will or other deeds are made. We are 4 legal heirs. All had made a mutual consent to give the property to me for some some money for their share. What type of deed is to be made and get the property transferred to my name.
Please suggest.

Anonymous   26 June 2021 at 10:30

Bank personal loan- npa- reg

I got personal loan from a private bank and last four EMI is pending due to health issue and corona infection to my family members. The loan account is in NPA. i am a govt servant. The bank threatened me and sent loan recall letter on 31.5.2021. Again i asked time to repay pending EMI before 10.7.2021.
The bank legal manager stated that if you are clear due before 30.6.2021, "we will take legal action against you by sending notice to (1) you, (2) your officer, (3) your department higher officer at state level and file a petition in your local police station by stating he is not pay the loan etc".  
Whether any rule is there or they will issue legal notice to all my higher officers and file petition in police station? If they will do, this will affect my govt job and promotion.
Please suggest me to overcome threatening issued by bank. 

abhimanyu   23 June 2021 at 06:45

Financial statement, board’s report, etc.


As per Section 134(5)(b) of the Companies Act, 2013, the Directors’ Responsibility Statement referred to in clause (c) of sub-section (3) shall state that the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period. In this regard, following are queries:

1. Is there any guideline or guidance issued by the ICAI with respect to this aspect? If so please advise.

2. At what time of the financial year, the Directors have to select accounting policies for applying them for that financial year. To make the query more clear, such accounting policies as will be applied to the Accounts for the year 2021-22 should be selected by the Directors at what time

A) in the beginning financial year 2021-22 or

B) can be selected at any time but before the close of 2021-22

3. Whether for Accounts of the Company for the financial year 2021-22, such accounting policies can be selected by the directors after close of the financial year on 31.3.2022 but before the approval of the financial statements by the Board for 2021-22. For example, for the year 2021-22, approval of financial statements shall be done after 31.3.2022, so can such accounting policies as will be applied to the accounts for the financial year 2021-22 can be selected in June, 2022.

4. Suppose, the Directors selected accounting policies in the year 2019-20, which are being applied to the Accounts of the financial year 2021-22. Now, a need arises for modification of some accounting policies to be applied to the accounts for the year 2021-22. Please advise can such a modifications in policies be done after 31st March, 2022, say in June, 2022 for being applied to the Accounts 2021-22.

A BANERJEE   23 June 2021 at 03:40

Protection of senior citizens from neighbourly hrassment

I am an unmarried senior citizen (76+), living with my nephews. Due to construction work in the adjacent house, the walls of the room in which I sleep has been seeping profusely since my bedroom wall is common with my neighbour's bathroom, as it appears. I am also a patient of serious lung disorder. The contractor/builder who undertook the job of renovation of the adjacent flat did not care to do anything about the continuous seepage, while the occupant/owner being a single lady is unapproachable. I live with and on nebuliser, oxygen and BiPap support, but due to this seepage, I am compelled to sleep in another room which is too inconvenient for me.
What is the way by which I can get justice and compel the owner/occupant to ensure that the continuous seepage stops and I am relieved of spending huge amounts on unsuccessful attempts to stop the menace?


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