kaur
29 April 2017 at 18:42
U/o 7 Rule 10 plaint returned without taking evidences or witness by civil court. Under what rule appeal can be filed before District Session Court for return of plaint.
Member (Account Deleted)
29 April 2017 at 18:38
"A proforma defendant is a defendant against whom no relief is sought. He is arrayed as party only to avoid the defect of nonjoinder of parties."
This term I accept put by some experience adv. in this forum and also study and books.
Now my problem is that
1. Hon. Judge says "Pro forma defendant this term is not there you change it into defendant"
2. And I stick since relief is not claimed against person that person who does not join as plaintiff to avoid non joinder of parties it should be referred to as only Pro-forma defendant.
Any guidance in this regards
-----------------------------------------
Question
Now what should I do in plaint
1) Keep Pro-forma defendant as title of party as per my study
2) Change to defendant as per oral direction of Judge ?
Krishna
29 April 2017 at 17:51
Dear Sir / Madam,
I have seen a property in Chennai municipal limits which is approved as Stilt + Ground + Three floors and it is completed and obtained the completion certificate. I am buying on 4th floor and above me is the Terrace. Now, my questions are as below
1. Is the construction legal?
2. The builder uses the word Fourth Floor in the construction agreement. Whereas the same is shown in the plan as stilt + Ground + 3 floors.
I am at a loss to understand this. Not able to proceed further because of non clarity between the builders agreement and the municipal approved plan. Request all to throw light on this issue.
Regards
Karthik
Alpesh Makkampara
29 April 2017 at 17:15
My wife has filed DV case after 5 years of seperation under sec. 18 of DV act. It was filed by Protection officer on behalf of wife. 498a is at argument stage. She is also getting maintenance under CRPC 125. Is DIR compulsory under sec. 18?
Can DV be dismissed / Quashed after filing 5 years of separation? As she has mentioned many contradictory things and hide many things.
Thanks in advance.
nizam shaikh
29 April 2017 at 13:13
Anybody can please help me to get info about.
Section 313 ... what dose it means? And for what use??
seniorcitizen
29 April 2017 at 12:33
A lady is 80+ and a widow, she has no issues. She has an ownership flat in Mumbai, it stands in the joint names of the lady and her husband. The name of the lady stands first in the registered ownership document and the share certificate.
Her husband demised three years ago.
What is her legal position with regard to the flat? Is she the absolute owner? Can she bequeath the flat with a Will?
She resides in the flat at present and does not want to sell the flat during her lifetime.
What is the procedure advisable for her?
Thank you all in advance,
Senior citizen
Krrish1963
29 April 2017 at 11:48
Sir,
I am having five sisters and I am only son (youngest).
All of us were brought up by my mother as my father expired at early age.
My mother constructed a house and was in her name in 1969.
My mother expired in "April 1982" without any will.
In 1984 all of my sister did a Registered Power of Attorney and made me legal owner of the house (property).(As I was young I was unaware about it)
Presently Four sisters are married and one is unmarried.
My unmarried sister along with one of the married sister kept on staying in the house.
I joined Indian Army in 1984 and could never stay in the a/m house being always posted to far flung areas.
In 2003, My unmarried sister produced a WILL (of January 1982 vintage)by my mother on a plain paper saying that the House to be divided in to two equal parts between me and her (unmarried sister). I did not suspect anything wrong & accepted it .
The "Lucknow District court" order was passed for two equal partition.
My queries are :-
1. Can I challenge the Court Order based on "Will" now, as it dawns to me it is forged as it suddenly surfaced in 2003 (after 21 years of my mother's death). At the time of my mother's death (1982) three sisters were unmarried.
2. Can the Registered POA (of 1984) be taken as Base Legal Document, now for inheriting the property; as in 2003/2004 Lucknow District Court has given a order making WILL as base document.
Thanks
Krishna
Debolina Majumdar
29 April 2017 at 11:21
Hi I am Debolina Majumdar(Name Hidden) Hi I am from Asansol (West Bengal) (the Victim) I got married on 9th August 2009 (It was my second Marriage) arranged marriage (I was forced by my family because they cannot feed me) to a man named Debabrata Majumdar in Gurgaon (It was his second marriage too) but did not lasted long . After 3 years of marriage I came back to my father's house. My husband was not good he tortured me a lot mentally physically and biggest problem was he was impotent , he used to pressurise me to earn more than lakhs but I am very simple lady seldom can earn 10000 monthly.Not only this he was making plan to make me prostitute in gurgaon I was completely shattered broken shocked.As it was my second marriage so I try to resist but when he gave the proposal of becoming a stripper It was intolerable and I decided to end and came back to my home town.He was well off in gurgaon working as senior Manager in an IT company and too much money minded .I was bound to come back.Its been 5 years I am separated victimised mentally traumatised ,depressed .We are very simple middle class family my father is very old and I am completely dependable on him financially.I am not in a condition to work anywhere ,I have made myself aloof from the world because It was my second marriage so cannot show myself outside.I feel so low self esteemed, broken.I want divorce from that man and compensation .My question is whether I can get compensation or not in divorce since I have left him 5 years back.Because I am extremely needy now If I dont get any compensation I have to commit suicide.Help Me..... I seek justice & jail for that monster.
Prashant Kambli
29 April 2017 at 11:13
My aunt is staying in a chawl at Andheri since 1996. She had then purchased the unit from the land owner but there was no sale agreement between the two parties. Just a letter from the land owner stated that the unit belongs to my aunt. Also, the electricity bill was transferred recently in my aunt's name. Now, a Builder has taken up the SRA project for redevelopment of the chawl. However, the builder as well as the SRA has rejected to include my aunt's name in Annexure II, since there is no Registered sale agreement beteen my aunt & the land owner. My aunt has Voter ID, Rent receipts since 1996 to support her claim. What steps should she take to claim her name in Annexure II? Please guide me to help her out.
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What options i have after getting aquittal in false 498a case
Respected Members and Experts
I have been facing a false 498a/406 case for the last 10 years and i have been acquitted from the false case. Kindly do let me know what case can i file against them for the suffering and humiliation i and my family faced for the last 10 years