KANDE VENKATESH GUPTA
14 February 2010 at 22:12
Whether the Co-Operative Tribunals or Registrars/Arbitrators under the Co-Operative Societies Act can set aside the sale deeds executed by the management of the society in favour of a member due to illegal allotment of a house plot? or it is mandatory to approach the Civil Court only seeking declaration and cancellation of sale deed? I am in need of the following judgments in respect of the above matter:
1996(4) ALD 612
2004 LAP 128
2009 TLPRE 293
If any body finds above Judgment, please mail me to the following address, for which act of kindness I shall be grateful to you, and undertake to pay the cost to send the same to me. Most urgent.
Thanks in advance,
K.VENKATESH GUPTA
ADVOCATE
H.No: 1-1-16/1/2/A
HYDERABAD- 500 020
ANDHRA PRADESH
venkateshgupta_kande@yahoo.co.in
Anonymous
14 February 2010 at 21:35
Hi All,
In a property litigation we are at the verge of filing a civil case against the builder.But my job requires me to urgently travel abroad for at least one year(not sure how long will be the assignment) for which i cannot say no as it would result in my termination as i am specially trained for that job. In this regard
1.Can i file the civil case while in india and contest it through my lawyer while i am abroad?
2.Is it necessary to appear in the in person at any point in time during the case?
3.Can i file civil case while i am abroad?
Please let me know
yogesh bawiskar
14 February 2010 at 21:30
in matter of 138 of N I Act whether Accused may file his affidavit and document in his defence evidence
yogesh bawiskar
14 February 2010 at 21:28
in matter of 138 of N I Act whether Accused may file his affidavit and document in his defebce evidence
MANOR
14 February 2010 at 21:04
Dear Experts & Mebers,
1) A summon with following details is served, u/s - 138 N.I. Act. -
- - issued in mid.Dec.2009 by ACMM.
- - is 'hand-delivered' by a policeman (ID card shown on demand).
- - on dt.: 22nd.Jan.2010.
- - pertaining to a case No. CC -XXX- / 08 (of 2008).
- - Hearing dt.: March end 2010.
2) Only a photocopy was given of the orignal summon.
3) A senior family member was forced to accept the summon (on behalf of the
addressee) with a clear warning, that, if REFUSED, the same (summon) will be pasted
outside the house and based on this 'refusal' court will IMMEDIATELY issue NBW in
the name of the addressee.
4) Acknowlagement was taken on the ORIGNAL summon, saying that the same has
to be submitted back to the court -!!-.
5) Also, NO "Complaint Copy" was provided -!!-.
The person in who's name the summon is issued, was surprised to see the same,
when he returned home from the work. And to get to know the truth, some efforts
have been put, which are as follows:-
a) The above mentioned policeman was contacted at the police station & he merely
repeated the same, - that he is doing his duty & said, "go to the court - show this
case No. & get the details". Even an A.S.I., who was available at that time,
supported his junior.
(while the purpose of the visit was not solved, however, this visit proved that the
policeman is genuine.)
b) Contacted a lawyer & was shown the summon with a request to get the ' complaint
copy '. He wanted to be ' hired ' first by getting the " vakalatnama " signed. Hence, this
option was dropped.
c) Visited the specified court hall. A lady clerk, in the side room of the court hall,
was shown the summon & requested for ' complaint copy '.
Instead of replying to the request, very surprisingly, she suggested " WHY DONT YOU
"PAY" THE AMMOUNT to AVOID 'ALL THIS' -!!-"
The person who was sent to make enquiry told the lady clerk " Yes, even we want to
' Avoid All This ' , BUT for that we should KNOW - "WHO is ASKING the MONEY
& HOW MUCH - ??"
Lady clerk - " Go and SEE the LEGAL NOTICE sent by the party" -!!-
Our person - " Madam, No Legal Notice has been recd. prior to this summon "
Lady clerk (sarcastically) - " THEN COME ON the HEARING DATE - YOU WILL
KNOW EVERYTHING. I can't reply to 'thousands-of-people' like you -!!- ".
The person came back & narreted the above episode to the family members. Since
hearing dt. is still far away, it was decided to CONTINUE the FACT FINDING. Being
close family friends, the above facts were told to me & I thought of sharing the same
with LCI members & seek your advice -
What I would like to know is -
A) Even assuming that the case was filed in late 2008, WHY COURT HAS TAKEN SO
LONG to issue the summon-??- (issued in mid Dec.2009).
(Note - the addressee has been staying in the current address since 10 years &
hence there can be no reason for delay on that ground)
B) Is it not mandatory to attach a complaint copy with the summon -??-
(CPC-1908 / Order-V).
If yes, then can the summon be SIGNED & SENT BACK. Mark it - INCOMPLET
(or - DEFECTIVE, or - INVALID) & request to "Re-Serve WITH complaint copy".
Such move will show that the PERSON IS NOT AVOIDING THE LAW. Hence
court should NOT initiate any FURTHER LEGAL ACTION (such as issuing NBW) -
till a " DEFECT-FREE " summon is sent.
C) Time provided to respond is more than 100 days-!!- (dt. of issuing the
summon is mid.Dec.2009 & hearing dt. being March end 2010). Is it normal-??-
D) How to diffrentiate between a GENUINE & BOGUS summon.
It's my hunch that some weakness of the system or a legal loophole is being
exploited. I hope LCI Experts / Members will be able to provide an EFFECTIVE
MEANS to common man, to tackle such situation.
May I request your response ,dear experts & members.
Regards -
yogesh bawiskar
14 February 2010 at 20:50
whether the accused may exhibit his documents in 313 of Cr.P.C. accused didnot want to testify himself.
Mahendra
14 February 2010 at 20:50
1 My Grand mother is 80 years of age has three sons
2 My Elder uncle
3 My Second Elder uncle
4 My Father
My Grand Mother has piece of land at mahabaleswar\Karjat
My elder uncle going to cheat us by my preparing a will and trying to take all her properties on his name under coercion . he took grandmother to his home since last six month and & does not let her go out side his home
I understand that there is a strong chances of preparing a will without informing us
1 )What are the remedies available to others ?
2) what preventive action we cant take so Thanks in advance
Mahendra
Anonymous
14 February 2010 at 20:47
whether the accused may exhit his documents in 313 of Cr.P.C. accused didnot want to testify himself
anshul sangal
14 February 2010 at 18:43
I want to know about restoration application in CPC AND when it is filed
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