Naresh Kudal
20 September 2016 at 10:01
One sale deed registered on 30th Aug. 2013, same was in knowledge of real owner of property from the beginning. Real owner (was not a party to sale deed) wanted to declare that sale deed void but could not file the suit within limitation due to health reasons (suffering from dengue for last one month) now he wish to file the suit after his recovery.
Section 5 of limitation act provides extension of period only for appeal and applications and not for suits.
What can be done for now, kindly guide with citations.
Naresh Kudal
09 May 2016 at 17:55
A life insurance policy was taken by 'A' with double accidental benefit. An accident took place on 12-12-2014 (on the date policy was lapsed due to non payment of premium), premium was deposited on 15-12-2014 and 'A' died due to accident wounds on 20-12-2014.
LIC paid the sum assured with bonus but denied to pay double accident benefit as policy was not enforced on the date of accident.
Can anybody share any citation clarifying the situation....
Anonymous
15 September 2014 at 20:46
A (one businessman) sold some goods to B. B paid the part value in cash and issued a cheque against part payment. On the back side of cheque B wrote "cheque issued as security"
Now should A deposit the cheque for encashment in his bank account, what if cheque dishonours. Would A able to proceed for sec. 138 N. I. Act.
Naresh Kudal
10 May 2014 at 19:01
Receiving blank cheque as security for debt, whether an offence or not.
Naresh Kudal
14 March 2014 at 10:28
can anybody make me available the following citation on evidentiary value of affidavit in civil proceeding.
2009 (3) AIR Bom R 830 (832)
Naresh Kudal
14 March 2014 at 10:02
what is evidentiary value of an affidavit sworn before notary public in a civil suit.
The condition is that deponent of that affidavit is died.
Naresh Kudal
16 December 2013 at 09:32
can we use an affidavit of a person as a document after his death?
A person who was landlord of 4 shops, during his lifetime he gifted his shops orally in favour of his son. Gift deed was not executed but his son started to collect rent from tenants on and issue receipts in his own name. Tenants also deposited rent of certain period in son's bank account.
Now when son filed suits for evictions against tenants u/s 106 T.P. Act, tenants plea is that they are tenants of plaintiff's father so plaintiff is not entitled to sue for eviction.
Due to illness plaintiff's father was not able to appear before the Court but before 5-6 days of his death he wrote an affidavit and got it attested by notary public.
This is general law that affidavits can not be used as document.
Now can we use that affidavit as a document. If yes, under which law. If no, then what should be done.
Please help
Naresh Kudal
29 August 2013 at 17:00
we filed a suit u/s 34 of specific relief act taking plea of adverse possession. Opposite council moved an application of Order 7 Rule 11 CPC stating that plea of adverse possession can be taken as defense only and no suit is maintainable for declaration of title under adverse possession.
Language of section 34 specific clearly gives right to file such a suit, can anybody tell me some references relating to maintainability of the case.
P.C. Joshi
05 June 2013 at 16:10
Dear Friends,
Pls let me know whether a Consumer Complaint in Delhi be filed online. If yes kidly provide the link.
Thanks
P.C. Joshi
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Bringing lrs on record
In an eviction petition, petitioner (landlord) died during pendency of proceeding leaving wife, two sons and mother as his legal representatives. Applicaton filed by his wife and two sons for making them party and to proceed with petition. No applicaton was filed from decesed's mother. Opposite party filed application to order abatment of suit.
Kindly suggest what to do, also please give references, if any