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Priyanshu Mehta   31 July 2017 at 12:00

Order 7 rule 11 dismissed can be appealed

Dear Sir,

As our plot in village area was captured by land grabbers and next day we complaint to police but the police done chapter case and not taken any action. The police given them long solvency bail on magistrate form. Now we moved forward to court for filling case against them but our lawyer took so much time and didnt file case against him stating that you dont have proper documents and I need the case documents filled at police station. We tried to communicate to police for documents but police has also taken time to provide us the documents. After that we gave the documents to our lawyer for filling our case. Before our lawyer file the case the land grabber has filled case against us and send us the notice on saturday that we have to present at the place for panchnama of the place. We were presence there for panchnama but the person who came for panchnama was corrupted and done subplotting on paper stating that there is two plots instead of one. As all people has one plot in the parallel line then how could they do the sub-plotting ? We have original land purcahse deed, land record paper from land record office and all nominee's NOC notarized etc. The land grabber has house tax purchi given by talati and grampanchayat dakhla given by village sarpanch.

Now against there suit we file counter claim, stay order application and order 7 rule 11 application. But, the order 7 rule 11 was dismissed by judge (showing that cause of action). As we have complaint to police earlier is that come to cause of action ?

Can we go for appeal against rejected order 7 rule 11 ? If we go for appeal do we have to go high court or lower court ?

If we dont go for appeal what is the disadvantage will cause in our case ?

Please reply sir your advice will be helpful to me..

Manohar Manu   31 July 2017 at 10:06

Query about possession

Dear Legal Team,

Is it necessary for plaintiff to prove his possession in suit schedule property to get ownership in declaration suit?

Pls advice on this.

Regards,
Manohar

Hemant   31 July 2017 at 00:49

Computing the time period of limitation

Hi,
Where can I find the Computation of period of limitation in civil suit
Thanks

Vikram   31 July 2017 at 00:47

Regarding EOL

I am employee of rajasthan govt. and i want EOL for upsc mains-2017. I have already intimated dept regarding appearing in exam. Can I avail EOL of this ground.

Madhu   31 July 2017 at 00:12

Drunk and drive

I am caught for drink and drive last night, police seized my vehicle and kept in police station and issued me a notice to attend case in court, Wat should i do sir?? Will I face serious consequences,,? I have only learner's license, should I go with the police si to the court as they guided me to just pay the fine or should I hire a lawyer for this issue, I'm really worried sir, please help me

D Kumar   30 July 2017 at 23:38

Age limit for office bearers of Condominium.

As per bye-laws is there any age limit beyond which one should not hold any position as office bearer of apartment / condominium registered under MOFA Act in Maharashtra.

Anonymous   30 July 2017 at 22:00

Can I claim for lien after resignation

I was working in central government autonomous body after serving 6 years of regular service due to discrimination and harassment I left the job and immediately joined state government without proper channel permission now I want to go back to my previous service after resignation. Can I cclaim for lien.???

Gaurav   30 July 2017 at 21:48

Responsibilty of Broker

Actually my uncle is broker in textile. He had executed a transaction of sales of Textile items of approx rs. 60lakhs in 2012 between saller & purchaser. Out of which approx rs.53 lakhs had been paid on the same time and remaining were pending. The purchaser had not paid it till date. Now after 5 years, One fine morning my unlce (who is broker) came to know that saller has registered FIR And in which name of my uncle is also mentioned as a party of fraud. When my uncle called saller, he told nothing to worry to you, and misguided that you just go and give statement in police, your name will be removed from FIR. And when he went there, police after taking his statement, refuses to allow him to go back to home as there were charges under section 409, 420,etc. On him. Now I just want to know as follow:

1) what procedure we should follow so that our name should remove from case?

2) Is saller legally have Right to claim his money after 5 years?

3) what if saller gives an affidavit that he knows that broker is genius and he had helped me to try to recover the amount and he has just mention his name as he was a broker in that transaction, his intentions were wrong?

4) are agents/brokers are still liable, even if brokerage/commission for the defaulted transaction has not been paid to him?

5) Is it will be in our favour to file case against the purchaser for the said transaction?

6) can we file any maanhavi claim against saller as he have to spend some days in jail.

SUSHMA YADAV   30 July 2017 at 21:32

DMC Act vs writ petition

Hello,

I am seeking opinion regarding maintainability of a writ petition filed under Article 226 & 227 r/w section 343 & 344 of DMC Act 1957 in Delhi High Court for demolishing the unauthorized construction. Petitioner has filed the writ of mandamus in delhi high court directing mcd to demolish the recently constructed new but unauthorised building. Can we take up the plea that honble court should dismiss it with order to file it in mcd tribunal or any other DC because alternate remedy is available. Petitioner is seeking the demolition. Building is already occupied by the respective occupants who bought tge respective flats. All apartments sold under registered sale deed with loan running from DHFL. Builder has offered the petitioner for reasonable repair in his house of which he is saying that some cracks has been caused in his house due to construction of subject property. He is trying to grab money from builder. Instead of filing in civil court or mcd he went for writ petition! Can we try to get the writ diamissed on the plea that he should first excercise tge alternate reamedy? Please guide

Rajendra Prasad   30 July 2017 at 20:44

Cancellation of sale deed

Can Land Sale deed be cancelled by Settlement Officer of land & revenue deptt.? The deed is false fabricated as it is in my name as seller whereas I have not sold.