BHARTI KOTHARI
17 February 2024 at 17:52
Tenanted property in the name of father. father expired leaving behind one son and one daughter. the premises is occupied by daughter since last 10 year. brother by playing fraud upon sister executed leave and license agreement and filled eviction proceeding against her under S.24 of rent act claiming himself as licensor . the sister also filled declaratory suit before rent court for declaration that after demise of father both of them have equal right and made landlord as party defendant 2. now the same subject matter between the same parties are pending before two courts. what is to be done ?
Anonymous
17 February 2024 at 17:14
Can one out of two ( joint) Decree holder in a money suit case, file for execution?
In a money suit case, Sr Civil Judge, passed a decree in favour of 2 persons jointly who had filed case.
Now one of the two DHr, has filed a case for execution of the decree. Is this case, maintainable and court can proceed with execution or not?
Dinesh Kandpal
17 February 2024 at 12:48
Dear Sir,
Are one sided registered agreement valid wherein builder has not signed or present for the registration?
Can housing society accept such member and issue bills in their name ?
Can share certificate be issued for such member?
Pls guide.
BHARTI KOTHARI
24 June 2023 at 20:20
if a person has purchased unit in building which is in actual a parking space and is against approved plan of corporation but since society was insisting for maintencne amount of this unit and therefore the person makes the payment to housing society towards his contribution of maintenence in the belief that the society will accept him as a member but finally society refuses him to accept as a member couple with the fact that the society has not given any common service to his unit in building then can he ask back his money paid to society by way of summary suit as in my opinion the same become deposit of this person with society ?
BHARTI KOTHARI
19 May 2023 at 16:38
That accused No.1 has taken loan from bank and accused No.2 &3 were gurantoor. the bank has obtained blank cheque from accused no.1. the accused No.1 expired and therefore emi were defaulted and the bank deposited the cheque which were bounced and therefore 138 complaint was filled against all 3 person i.e. signatory to cheque as well against gurantoor. in my opinion the complaint is not maintainable against accused No.2 & 3. please advice how to proceed
Balaji Bakthavathsal
21 August 2022 at 13:05
Dear Learned Lawyers,
I humbly request you to give your valuable guidance / suggestion in the following matter.
As some fraudsters attempted to grab our property with the help of some fake documents, we filed a civil suit in the lower court in the year 2010 seeking permanent injunction restraining the fraudsters against trespassing and mandatory injunction to the registrar for cancelling the fraudulent encumbrances made on our property. Since the respondents failed to appear before the court, the judge awarded an ex-parte judgment / decree in favour of us in the year 2016, granting the prayers sought by us. However, one of the respondent who is a mere power agent who obtained the Power of Attorney from another fraudster and whose power of attorney got cancelled by the fraudulent principal filed an appeal suit in the next appellate court immediately in the year 2016 itself and dragged the suit with the intention of of giving mental torture to us and thereby extorting money from us. We did not yield to expectation and patiently attended the case. However, the appellant did not appear in the court nor his counsel came forward to argue the case. After more than 6 long years, finally the appeal suit got dismissed by default by the appellate court as there was no representation from the appellant side. Now it is learnt that the appellant has filed restoration petition to restore the appeal. The notice is yet to be served to us.
Under these circumstances, I humbly request the learned lawyers to suggest / guide the best means to encounter the restoration petition ?
Thanking you,
With regards
Balaji
BHARTI KOTHARI
17 August 2022 at 23:10
Accused has been srested for the charge of S.376 and since March 2019 is behind bar. he has preferred bail apllication for bail after filling charge sheed in the year 2021 however it has been rejected. then he has got heart problem and therefore filled fresh bail application on the ground of chnge of circumstances on medical condition and raised the ground of consentful act of the victim and seek bail. Now the judge got convinced on the consenting act but he is saying that accused medical report is coming normal and therefore it can not be change of circumstances and asking how he can entertain fresh bail aplication. here i want to say in previous bail aplication consentful act was not the defence and this defence was raised for the first time and further this bail aplication is filled in AUgust 2022 after 1 year and there is no progress in matter as no charge even has framed. kindly advice
Miheer Rathod
19 August 2021 at 05:02
seeking advice on how to claim the salary not paid by the company. If they are not ready to compensate even after a legal notice is sent
BHARTI KOTHARI
08 August 2021 at 11:58
Hello sir Iapplied for return of property and then the court has allowed my application and accordingly I dispatched the order but now police is saying that subsequntly the case become session triable and therefore I have to seek order from the session court. can u advice what to do in such cases
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