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Queries Participated

Rituraj kalita   29 July 2010 at 18:47

order 39 rule2A,civil procedure code ,india

In a civil suite was filed in the court of Asst.District judge, under order 39 rule 1&2,sec 151 of c.p.c ,an ad interim temporary injunction was granted to the plaintiff prior to the final disposal of the suite,(the subject matter of the suit was immovable property) but the defendant did not oblige this court order , now again the plaintiff side filed for relief under order39,rule 2A of c.p.c.,and the plaintiff side is desperate to send the defendant to the civil prison and for attachment of the disputed property,how can the defendant be saved from arrest and attachment, i want to help him because i truely believe that he is innocent?

Anonymous   29 July 2010 at 17:24

Shall i file cheating case?

Respected Experts,
I want to have your legal advice for the following problem.
The land owners and a builder have executed an unregistered “Memorandum for Development Rights” in the year 2007 for the development of a land. Due to some government clearances, the said file has been pending for all these days and recently the owners have got clearance from the government.

After getting the said clearance, the owners have executed a Registered Partition deed for their respective shares, in the year 2010.Now the owners are not interested to give the said land for development to the builder, because of hiking of land values.

Now the builder wants to take both civil and criminal proceedings against the owners. And at the 1st instance, is there any possibility to go for a cheating case (Section 420 IPC) against the land owners? If so what he should do.

Anonymous   05 June 2010 at 18:32

yesterday's query continuation on IA for depositing rents...

(THIS WAS MY YESTERDAY'S QUERY).

Sir,

((my tenant is not giving rents since 2 years.

he has filed IA seeking permission of court to deposit rents but has not done till date.

In the absence of written agreement he has falsely stated lesser rents, even that he is not paying.

I am surviving on rents only for my livelihood.

It has become difficult to sustain my family.

My counsel is not guiding me properly.

Respected Sir, What should I do?

PL FOR GOD'S SAKE ADVICE ME WHAT TO DO?

THANKS))



In continuation, the problem is that my:-

tenant has obtained a interim injunction against me and is troubling me with out paying rents water bill and untimely paying electricity bills.

Allegation is that i have threatened him with anti social elements.

Tenant has not approached the police to complain, knowing that the allegation is a false.

He is showing less rents in the absence of written agreement in the form of fake rent receipts that are forged.

The extent of plint area of the rented residence stated in the plaint by tenant is half than what he is actually occupying.
This is how is misguiding the court.

He is using the house for other than residential purpose. I have docs to support my claim and filed in court.

I badly need rents to sustain my family as the only source of income.

Its 2 years since he gave rents. He filed IA seeking court permission to deposit rents as we refused it.

I am preparing to file eviction suit as per your advice.

What grounds should i state in the counter to see that the interim stay is immediately lifted.

Pl advice me madam/sirs.

Thanks.

Suryanarayana Tangirala   25 May 2010 at 18:23

Schools

Dear Experts Kindly let me know whether school is a business establishment or not?Kindly provide citation any if this regard

Anonymous   04 May 2010 at 17:36

disposal of property

A property owner makes a will giving one half of house to of his children.Will is probated by executor who is one of them after owners death.Property is divided in two livable parts by mutual consent and help of valuer. What steps the beneficiaries should take to register the property in their name. Can anyone of the beneficiaries sell their part before mutation and registration

anupam sharma   03 May 2010 at 21:36

succession certificate

a person has a original will of mother in which property is to be inherited by him.how should he get the succession certificate?? also , he has asister,should he give a notice to sister or is her consent/signatures required to get the succession certificate??

Anissa Chaudhary   03 May 2010 at 18:53

Suit

Hi All

The Bank has initiated money suit against the person for the recovery of the amount due. The Bank has got the decree and judgment in its favour. Later it initiated Execution proceedings against the person/Judgment Debtor. The J.D has stated in his counter that he did not possess any movables as well as immovables with him which is true. The Judge ordered for arrest and the warrant has been issued. If I have to proceed with the Revision against the order on what grounds I can file it? Please do reply.

Thank you
With regards
Anissa

Suresh Kumar   29 April 2010 at 16:56

Cheque Bounce Charges from Barclay Bank

Dear Sir,
I got a summon from Metropolitian Magistrate, Dwarka,Delhi for 138 N.I.Act for non-payment of Barclay Personal Loan Installment. What should I do as I have already emailed to the Banker that I have a heavy loss in Share Market and can not afford the EMI of the Bank. The agent called me almost every month to settle the amount and use abusive language and threatning me. Kindly help me how could I solve this matter, as I am not in a position to pay any amount.

Member (Account Deleted)   29 April 2010 at 16:50

138 of NI Act

Dear All Ld. friends

is any statutory notice of Demanding payment within 15 Days from the date of Notice. (pls give n e judgement if it is less then 15 days)

In demand notice party has to be demand the amount of cheque bounce. if not demand then what will happened. (pls give n e judgement if no demand is made out in notice.)

Dipankar Sarkar   29 April 2010 at 16:18

Daughters property rights

My maternal grandfather passed away about 30 years back without leaving behind any will. He was survived by his wife, four sons and three married daughters. Subsequently his wife passed away a few years later who also did not leave behing any will.

A Power of Attorney was taken from the three daughters by the sons about 15 years back.

It has now been learnt that some of my grandfather's property has been sold off recently by his sons but no share from the proceeds of the sale has been handed to any of his three daughters nor were they informed beforehand of the same.

It has also been informed by the sons that the remaining property is now proposed to be divided amongst the four sons without any share being given to the daughters because according to them the rights to the property has been given to them in writing by my late grandmother although no intimation about the same has ever been made either verbally or writing to any of the daughters till date.

I would like to know, under these circumstances what are the legal options and the process for getting the rightful share of the daughters to their father's property.

Thanking you in advance.