Swarna kamal Chandra
26 March 2017 at 23:31
We filed an ejectment suit, runned on ex-parte and decree was passed. One of the defendent/judgement debtor, who was a married daughter and who didnot resides in the suit premises died before passing the decree. As per sec 2(g) of the west bengal premises tenancy act 1997, married daughters who does not reside in the suit premises is not a necessery party. Will the decree as a whole be null and void? PLease reply.
sudhirghabasu
26 March 2017 at 20:45
sir/madam., good evening to you all. i am sudhir adv. from chennai. The Plaintiff had filed a Money suit under order 37. the Defendant had not appeared before the court. procedure under rule 3 of order 37 not complied by the defendant. suit was decreed in favour of the plaintiff. Execution petition was filed by the Plaintiff. Now attachment will be ordered. only at this time the Defendant is approaching me to save.
1. whether i am entitled to file a set aside petition to set aside the exparte decree. If yes what is the procedure.
2. whether the e.p can be stayed if set aside petition is filed.
3. under which provision of c.p.c i am entitled to file the set aside petition. under order 37 rule 4 or else any other provision. Pl help me with relevant judgments.
the Plaintiff had already received the money. Despite of that, forged his signatures and foisted a false document i.e. a promissory note forging the signature of the defendant he has filed the suit. though these are points for trial now i have to enter into the case. therefore i require your help.
sudhirghabasu
26 March 2017 at 20:30
sir, best wishes to you all. this Sudhir adv. from chennai. in a specific performance suit i am for the defendant -vendor. the defendant-vendor entered into an sale agreement with the plaintiff on 20.06.20007. paid an advance of rs.100000/- sale consideration is Rs.451000/- issues legal notice on 29.10.2017 i.e., after the expiry of the sale agreement. sale agreement expires on 20.09.2017. Plaintiff-purchaser filed suit for specific performance insisting to execute the sale deed. In the mean time on 10.09.2008 the Defendant executed sale deed in favour of another person.
1. The Plaintiff had issued a legal notice after a lapse of one month period from the date of expiry of the sale agreement. whether such legal notice is valid.
2. time is the essence of contract, whether the rule is applicable to this case or not.
3. now the suit is decreed in favour of the plaintiff.
4. execution petition is filed an pending. Now i am going to file a section 47 application.
though i searched i was not able to find any relevant judgments in favour of my case. So i need your help.
Thanking you with regards
sudhir
sudhirghabasu
26 March 2017 at 20:25
sir, best wishes to you all. this Sudhir adv. from chennai. in a specific performance suit i am for the defendant. the defendant entered into an sale agreement with the plaintiff on 20.06.20007. paid an advance of rs.100000/- sale consideration is Rs.451000/- issues legal notice on 29.10.2017 i.e., after the expiry of the sale agreement. sale agreement expires on 20.09.2017. Plaintiff filed suit for specific performance insisting to execute the sale deed. In the mean time on 10.09.2008 the Defendant executed sale deed in favour of another person.
1. The Plaintiff had issued a legal notice after a lapse of one month period from the date of expiry of the sale agreement. whether such legal notice is valid.
2. time is the essence of contract, whether the rule is applicable to this case or not.
3. now the suit is decreed in favour of the plaintiff.
4. execution petition is filed an pending. Now i am going to file a section 47 application.
though i searched i was not able to find any relevant judgments in favour of my case. So i need your help.
Thanking you with regards
sudhir
mahmood mithani
26 March 2017 at 19:42
We are the registered housing society of 50 members, our societys ex secretary & treasurer embezzled society money to the tune of Rs.8 lacs by way of withdrawing from bank/ inflating the expenses bill.
Now secretary is vanished since last one year but his family stays in the same building - the secretary is not traceable and the tresurer put all the blames on the ex secretary saying he is not aware of all these embezzlement.
However we have lauched complaint with the registrar of the society but till date nothing is done from the registrar office.
My question is what remedies/ action we take under such situation please anybody can guide us.
Thanks
Anonymous
26 March 2017 at 18:28
The parents found out about the boys habit of stealing/robbing.. They have admitted their son to a well known rehab claiming that the psychiatrist at the rehab will be able to treat the behavioral problem of their son who is 21 years old.
He has been robbing since he was 11 years old.
His confidence has grown with time.
In 2013, he was involved in a big robbery worth Rs 9 lac from one of his own family member's house.
He was caught by the police later, but they requested & pleaded the victims family to take back the complain and give him a chance to improve, which They did so.
Now he was again caught in a phone robbery in Ahmadabad. The family soon came to know about it, but instead of giving him to police, they have put him in a rehab.
On asking the rehab, they said that it's an OCD and that their panel is well equipped to treat him.
As far as my knowledge is concerned, rehabs are for addicts.
Isn't this illegal activity conducted by the rehab for admitting a person like this?
This also means that the parents are saving the son by wrong means and protecting the culprit.
Is this rehab conducting an illegal operation by giving a shelter to a criminal?
Please advice.
Anonymous
26 March 2017 at 18:26
The parents found out about the boys habit of stealing/robbing.. They have admitted their son to a well known rehab claiming that the psychiatrist at the rehab will be able to treat the behavioral problem of their son who is 21 years old.
He has been robbing since he was 11 years old.
His confidence has grown with time.
In 2013, he was involved in a big robbery worth Rs 9 lac from one of his own family member's house.
He was caught by the police later, but they requested & pleaded the victims family to take back the complain and give him a chance to improve, which he did so.
Now he was again caught in a phone robbery in Ahmadabad. The family soon came to know about it, but instead of giving him to police, they have put him in a rehab.
On asking the rehab, they said that it's an OCD and that their panel is well equipped to treat him.
As far as my knowledge is concerned, rehabs are for addicts.
Isn't this illegal activity conducted by the rehab for admitting a person like this?
This also means that the parents are saving the son by wrong means and protecting the culprit.
Is this rehab conducting an illegal operation by giving a shelter to a criminal?
Please advice.
Isha
26 March 2017 at 15:45
Hi. I m new here. I want to know that what should be done if someone is sending threatning sms of murder? What can be done in this situation and please provide speedy procedure.
Member (Account Deleted)
26 March 2017 at 13:11
My wife file 'DV' against me. WE got married in 2002. From 2004 to till I am working at abroad. We are having 02 no's child (Daughter 14 yrs old & Son 10 yrs old) My wife is having an affair with a married man from last 4/5 yrs. I gave her several warning's and chances to improve her self but things are same as before still. We often argued quarreled with each other due to this issue. Finally I got frustrated and quit home from last 1 yr and living separately with my mom. Now she filed 'DV' against me and asking for compensation,I asked her to settle those things to bring her elder relatives but she denied to patch-up. All though I am willing to (attempt to, at least) forgive and forget everything in the interests of our child, By looking her arguments in the court her only intention to pull good money from me.
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will
My father mother has given a will on my mothers name in 1981.my mother gifted me in 2001 and registered on my name from 2001.my father brother daughters have made partition suit.will is unregistered and I have mortgaged in bank in 2015 .they are saying they are not aware of property transfer till now and challenging me