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Queries Participated

Y V Vishweshwar Rao   05 March 2009 at 09:54

Court Fee

Specific performance such - agreement for ten acre land out of it 5 acres sold to the nominee of the Agreement holder-no dispute for that part of five acres .The remaining part five acres performance is due and disputed by the Vendor .The Suit Value is the Value of the remaining 5-00 acres in the specif performance suit . Is it required to pay Court fee on the entire Sale agreement value of ten acres

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Rama Verma   12 December 2008 at 15:18

Land Issuse

There is one plot in front of our house which is in occupation & possesion of us for last 15 years and we done four boundary to it. Now govt is asking to remove all boundary and give possesion to govt. Please advice.

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Raghavendra   09 December 2008 at 20:18

EVIDENCEC ACT AND CONTRACT ACT

SUPPOSE B HAS ADVANCED CERTAIN SUM MONEY TO Z,THROUGH A CHEQUE,AS A LOAN,WITHOUT ANY DOCUMENTRY EVIDENCE AT 1%RATE OF INTEREST PER MONTH.AND B MAKES NOTE OF SAME IN HIS DIARY, AFTER EXPIREY OF ONE YEAR,BOTH PRINCIPAL AND MONTHLY INTEREST OF THE AMOUNT ADVANCED ARE DUE FROM Z,WHICH HAS BEEN ALSO RECORDED BY B IN HIS DIRAY .AFTER SOME TIME BOTH B AND Z HAVE EXPIRED. AND Z'S SON AGREES TO PAY ONLY HALF OF THE AMOUNT ADVANCED TO B's SON THROUGH A CHEQUE. AND DISAGREES TO PAY REST OF AMOUNT .CAN B's SON SUE Z's SON FOR REST OF THE AMOUNT .ON THE BASIS OF ENTRIES MADE IN B's DIARY AND ALSO CHEQUE CLEARED IN A'PASS BOOK OR BANK ENTRY UNDER INDIAN CONTRACT ACT .AND WHETHER DIARY IS VALUABLE EVIDENCE UNDER SEC 34 OF INDIAN EVIDENCE ACT ,ACCOMPANIED BY ENTRY IN THE PASS BOOK . PLEACE GIVE REASONS FOR YOU ANSWERS
THANK YOU

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rajendra   08 December 2008 at 18:15

partial decree in a partition suit

Can there be a partial decree passed by the court invoking powers under Order 23 rule 3 of C.P.C - Plaintiffs, Defendants (The family members) can they seek for partial decree to jointly sell one of the items of the schedule properties to the plaint to a third party and continue to fight against other properties ?

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kumar sachin   06 December 2008 at 16:06

cross examination

can the witness of one defendant be cross examined by another defendant.

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Ladhu Ram Chowdhary   03 December 2008 at 08:38

bail u/s. 167(2) & 309(2) Cr.p,c., 1973

Code of Criminal Procedure, 1973, ss. 167(2), 309(2)- Interpretation of - Appellant proceeded against for commission of offences under ss 409, 420, 120B of IPC or 302 of IPC - Hedl power of a court (Magistrate)to direct remand of an accused either in terms of s. 167(2) or s.309(2) thereof will depend on the stages of the trial - S, 167(2) would be attracted in a case where cognizance has not been taken, s.309(2) would be attracted only after cognizance has been taken.
Where challan has been sumitted but magistrat not take cognizance yet now. And investigation not pendeing u/s. 173(8)against that accuse but accused above u/s. arrasted and judicial remand by magistrate u/s. 167(2). Accused intitled to be release on bail or not. Please tell me Supreme Court latest citation

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Sundaresan K   02 December 2008 at 13:38

Dispute With The Tenant-Demand Of Possession

Dear Sir,
I have a house at Sirkali (my hometown) in the Tamilnadu state which I bought in 2005 with HDFC Bank Loan.I am still paying the EMI for the same.
The house has Ground + 1st Floor.The first floor is occupied by my sister's family and the ground floor has been rented out to a tenant from Decemebr 2007.
There is a rental agreement between the tenant and me for a peroid of 11 months which ended in October 2008.And the agreement clearly states that the tenant has to vacate the premises at the end of the 11th month.
I have been asking the tenant to vacate the house starting from May 2008 since we neded the premises for our own use. At first the tenant refused to vacate quoting the rental agreement, which is for 11 months. He said he could think about vacating only after the rental agreement expires.
Now the tenant is saying the agreement is only for ”formality” sake and no one will come to a house for rent only for 11 months.
I wanted to take up this issue legally. But the localites are scaring me telling that the legal process will take years together to get the judgement.
Since I am staying in Bangalore currently and my conscience does not allow me to take up “other” means to force the tenant to vacate the house, the only option open before me is taking up the issue legally.
I seek your advice in this regard. Is it true that we will not get justice immediately if we seek for legal solace?
I pay a premium of Rs 11215 every month for this house which is a major portion of my monthly earning.Also we are paying all the savings we have to repay the loan as early as possible though the laon tenure is 20 years.The minimum I would expect is to enjoy total ownership over the property.But I am denied of that.I am deeply hurt and distressed because of my tenant's attitude.
Earlier in the year (May 2008) my grandmother was seriously ill and we desperately needed the ground floor portion for her keeping her there and taking care of her.The tenant at that time also refused to vacate the premises.Now my grandmother is nomore and we are sentimentally upset that we could not keep her with us in her last days.
My 16 months old son is not very comfortable with the weather conditions in Bangalore and we desperately need a place for our frequent use and stay.My mother who wishes to travel to Sirkali quite often would find the ground floor house much more comfortable due to her old age .
Please guide me as to how I can get the issue solved legally.Thanks And Regards
Sundaresan

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amitkaur   27 November 2008 at 21:38

CRIME ACCEPTED DURING POLICE INVESTIGATION AND BEFORE COURT PROCEEDINGS .

IF ANY PERSON CHARGED WITH MURDER ACCEPTS DURING POLICE INVESTIGATION THAT HE HAS MURDERED .THEN ,IS THAT CONSENT (THEORY OF POLICE ACCEPTED BY THAT PERSON ) IS TAKEN AGANIST HIM S A EVIDENCE AND HE IS CONVICTED OR NOT .

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Vikram Chandra   27 November 2008 at 20:38

In Compromise whether parties are necessary to be present?

Respected Sirs,

My Query is - Whether parties are necessary to be present on the day of compromise along with the counsels. Specifically, if the Plaintiff attends the court along with his counsel and reports before the court that he had no further issues with the defendant and the matter can be decreed as per Or.23 R.3. Further,can the counsel on behalf of defendant say that his client is not in a position to attend the court but he has no objection to carry on with the compromise. Whether the defendant should file any petition seeking his dispense of physical presence inview of his counsel's presence. Can the court decree the suit as per the wish of the counsels of plaintiff, defendant and the presence of Plaintiff.

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R.Manivasagan   26 November 2008 at 21:44

CPC Order 7 Rule 10 returning of plaint

Sir,
I had filed a suit for Partition and declaration at Munsif Court since the share value is below Rs.30000/-. the Defendants entered appearance filed their Written statement, Counter, Drafted Issues in the first hearing itself. Subsequently, we had filed an application to amend the Plaint to include an ancestral property worth about 5 lakhs and we had 1 lakhs as our share in that property. According to our proposed amendment, if that application will be allowed the value will exceeds 1 lakhs and the present Munsif Court has no jurisdiction. In my matter, without allowing the amendment application, the Munsif Court returned the Plaint and other marked documents to represent the same before the proper court.
our contention is
1. without allowing the amendment application the Sub judge Court has no jurisdiction to take the suit on file.

2.The Munsif Court must pass an order in the Amendment application.

3. If our application will be allowed, the Munsif court may frame an issue regarding the jurisdintion and after that only the plaint should be returned.

Please clarify whether we correct in our stand or not.

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