Civil Procedure Code (CPC)

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Queries Participated

Udit   15 January 2017 at 11:45

Law of evidence

Sir,
In a case of rent enhancement of a cimmercial land in which rent is determined on the basis of prevailing market value of land, the petitioner mentioned in its plaint that the current market value of the land is Rs. 1000/- per sq. Foot and the respondent admitted the fact in his written statement by mentioning that the rate used by the petitioner is the commercial rate of the land and since it is not a sale transaction hence the rent should not be determined on this rate and rent should be determined in accordance with the list of rents applicable to that particular land in the circle rate list issued by the district magistrate.
While evidence submitted by the petitioner he submitted valuation report of a government approved valued which was of Rs. 900/- per sq. Foot and the respondent did not submit any evidence regarding valuation of the land. The valuer was not examined on oath and neither any affidavit was submitted on behalf of the valuer. Court enhanced the rent and fixed it in accordance with the valuation report of the government approved valuer @Rs. 900/- per sq. Foot.
Respondent appealed in the high court taking a ground that the valuer was not examined and cross examined in the court and no affidavit was submitted on his behalf hence the rent determined by the lower court is erroneous.
My question is that:
1. That u/s 58 of the evidence act facts admitted in written statement need not to be proved. So was it necessary to prove this admitted fact?
2.that when a fact is admitted by both the parties like valuation of the land, it no longer remains a fact in issue in such a case was the court not able to determine rent in accordance with this admitted fact.
3. Admitted fact was of Rs. 1000/- per sq. Foot and the court was having the evidence of Rs.900/- per sq. Foot then the court in its discretion has determined the rent in accordance with the least available value of the land which was in favour of the respondent while the court was empowered to determine it @1000/-per sq. Foot. Can this point be taken against the respondent plea of not examining the valuer
4. Can sec. 58 of the evidence act be read with the definition of Proved mentioned in sec.3 of the evidence act.
Regards..

Udit

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Gaurang Tripathi   05 July 2016 at 18:44

Hindu law coparcenary

हिन्दू संयुक्त परिवार की एक पैतृक संपत्ति में पिता " क " और उसके तीन पुत्र सहदायिक हैं एवं पिता की तीन पुत्रियां भी हैं पिता की सन् २००३ में मृत्यु तक कोई विभाजन नहीं हुआ था एसे में वर्तमान में तीनों पुत्रियों एवं विधवा का उक्त संपत्ति में अंश तीनों पुत्र के समान ही होगा या मात्र वह "क" की हिस्से १/४ संपत्ति में से ही अंश प्राप्त करेंगीं ??

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Navab singh yadav   02 July 2016 at 13:46

Validity of dual degrees

Respected Sir/Madim,
i have done my graduation in 2013 from Lucknow university then i taked admission in LL.B. In 2014 Which will completed in 2017 and i also had take admission in M.A. Distence mode in 2014 from swami vivekanand subharty university, meerut which completed last june 2016 Recently.
my query is that CAN I SUBMIT with MY ALL DEGREES in any relevant vacancy (i.s. Graduation, post graduation and LL.B. )

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achintya   02 July 2016 at 11:30

property transfer

My father purchased a land on my mother's name who is now a senior citizen and after that he build a house on that land , every papers of land and house is on my mother's name , now my mother gift the hole property to her younger son , we are 4 brothers and sidters all are married , my younger brother record that land on his name and also change the holding number of the house from municipality office. Now my questions are 1. How can my mother gift that property to one child? 2. As the property was purchased by my father how can she do that? 3� can my younger brother evict us from said property 4. Can we challenge that registered gift on court? 5. What is joint share house hold under dv act? 6. Our father passed awy , so now what can we do? Please suggest , waiting for all of yours valuable reply.

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Anonymous   02 July 2016 at 11:23

transfer property

My father purchased a land on my mother's name who is now a senior citizen and after that he build a house on that land , every papers of land and house is on my mother's name , now my mother gift the hole property to her younger son , we are 4 brothers and sidters all are married , my younger brother record that land on his name and also change the holding number of the house from municipality office.

Now my questions are

1. How can my mother gift that property to one child?

2. As the property was purchased by my father how can she do that?

3� can my younger brother evict us from

said property

4. Can we challenge that registered gift on court?

5. What is joint share house hold under dv act?

6. Our father passed awy , so now what can we do? Please suggest , waiting for all of yours valuable reply.

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Anonymous   02 July 2016 at 10:52

Relieving letter withheld due to IT asset management inconsi

I have served in a company X, which is a private software company based in Bangalore for past 2.5 years. On my last day at the company, I submitted my ID card, pedistial keys and laptop to the company. However they suggest that a desktop is assigned to my name. I have not had any communication earlier to state a desktop was assigned to me and I have not used any desktop since past 2 years. Earlier I had used a desktop of an employee who resigned and I was new to this company, they have assigned that to me without notifying me and now suggest that I have to pay for it as its not found in the company. In the past IT audit reports i have mentioned that i do not have a desktop in my possesion. We are talking about a desktop which is a non mobile equipment, supposedly i was using the desktop, even then I work for 8 hours rest 16 hours a day the desktop is not in my vision. Can the company charge me for this asset? How do I acquire my relieving letter?

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Anonymous   02 July 2016 at 10:44

Relieving letter withheld due to IT asset management inconsi

I have served in a company X, which is a private software company based in Bangalore for past 2.5 years. On my last day at the company, I submitted my ID card, pedistial keys and laptop to the company. However they suggest that a desktop is assigned to my name. I have not had any communication earlier to state a desktop was assigned to me and I have not used any desktop since past 2 years. Earlier I had used a desktop of an employee who resigned and I was new to this company, they have assigned that to me without notifying me and now suggest that I have to pay for it as its not found in the company. We are talking about a desktop which is a non mobile equipment, supposedly i was using the desktop, even then I work for 8 hours rest 16 hours a day the desktop is not in my vision. Can the company charge me for this asset? How do I acquire my relieving letter?

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Kumar sonal   02 July 2016 at 00:37

Partition of the property which is already registered to my

My father are two brothers,among whom my father is eldest. A part of the property is already been registered to my mother's name. but,my grandmother is not willing to give us,even a single piece of land. She wants to give all the property to her youngest son. She also give slangs to us & disturb us in every manner. Now,what we can do legally. Please suggest..

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Sandeep   02 July 2016 at 00:32

Non-payment of notice period


Hi I was working as a confirmed employee in the HR department of Hero Fincorp Ltd which is registered as a Limited Company under Shops and establishment Act.
I have tendered my resignation in the month of June and Was relieved on the same date itself. As per my Appointment Letter, Either the employer or the employee has to give 90 days notice. In my case , I was not allowed to serve the notice period nor given any compensation in lieu of.
Kindly suggest the future course of action. Can I take it forward to Delhi Labour Court ?

Kindly help. It's urgent.

Best regards
Sandeep Bagga

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Praneeth   02 July 2016 at 00:03

Time period to cancel a sale deed

1. Can we cancel a sale deed?
2. If we can cancel a sale deed then what is the time period after registration during which we can cancel the sale deed?

Please advice.

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