kannan
09 January 2016 at 22:43
I bought a land from its legal owner. I calculated the area of the land based on the patta and the measurments given the land suvey map of revenue department. Now the neighbor does not agree with the boundry. What is the legal position/soltion.
P.ESAKKIMUTHU
09 January 2016 at 21:47
Our Labour Court at Tirunelveli(TN) is publishing the award of industrial disputes in its website and the fulltext of the award is available for print.This print copy with required court fee stamp is not accepted by the Labour Court when Claim Petition or Execution Petition is filed with the print out copy of the judgement.The Labour Court insists certified True copy or zerox copy of the certified true copy with court fee stamp affixed thereon. Kindly advise the correct position
Jayant
09 January 2016 at 21:45
I had bought a flat in mulund in year 2005 and got it registered. Subsequently the builder sold me a stilt parking space which was not registered but has a separate notarized document in my name for the same.
Now I intend to dispose of the flat and parking space separately as the buyer who intends to purchase the flat does not want the parking lot . I sold the parking separately to a member of the society. We made a sale deed for the parking and got it notarized .
Now the society is refusing to give me a NOC to sell the flat citing the reason that I should not be selling the parking lot separately and I need to sell it along with the flat. What options do I have? Is the society correct in denying me NOC? please advise
Thanks
rahul
09 January 2016 at 21:35
Sir,
This is a fresh suit filed after withdrawing earlier suit with liberty to file fresh suit.
In earlier suit there were three defendant A, B, C.
D & E are the legal heirs of A.
After serving writ of summons in earlier suit, Plaintiff came to know that Defendant A has died & hence while filling affidavit of service, Plaintiff advocate informed to the court that Defendant A has died & Plaintiff advocate asked for time from court to file Chamber summon to bring legal representative of A on record & court gave the time for the same. This is a point 1
Thereafter Plaintiff could appoint lawyer due to financial problem & hence court appointed lawyer from legal aid.
Lawyer from legal aid file chamber summon for deleting the name of Defendant A. (but not for bringing D & E legal representative of A on record). Court allowed the chamber summons but legal aid lawyer did not make changes in the plaint by remaining absent. There is no careless on the part of plaintiff as plaintiff on time to time present before the court.
Finally court kept the matter for evidence as plaintiff failed to carry out amendment even after allowing chamber summons.
Thereafter new lawyer was appointed from legal aid & new lawyer informed to the court that earlier lawyer failed to take proper steps & applied for withdrawal of suit with liberty to file fresh suit. This is a point 2.
There is a gap of 3 years in point 1 & 2. During this 3 years chamber summons was pending.
Court allowed to withdraw suit with liberty to file fresh suit & observed that ''perusal of record would reveal that the advocate for the plaintiff had not taken proper steps and in such circumstances, it will not be justiciable to throttle the grievance of the petitioner without adjudicating it in accordance with law & as such I allowing the application’’.
Thereafter plaintiff filed fresh suit making D & E (legal heirs of A) as defendant.
But advocates for D & E claiming that fresh suit is not maintainable against D & E because earlier suit is abated against A as Plaintiff failed to bring D & E on record in earlier suit & hence plaintiff can not make D & E defendant in fresh suit in place of A.
Is it right that Suit is abated against A ?
Pleas Guide.
Sorry for long query
rajesh karnik
09 January 2016 at 21:32
Respected Sir/ Madam,
In our suit defendants have filed motion for deciding preliminary issue under 9a of cpc on the point of limitation on the two point.
1. It is barred by law of limitation. (can be decided on Question of law)
2. It is not maintainable as statutory notice under special act not given to statutory organization (It is a question of law & fact).
3. No cause of action
4. Court fees
As far as first objection is concerned , it is mandatory for the court to frame preliminary issue & we also have no problem as we are confident that suit is in limitation. (foreshore CHS - supreme court April 2015 9a is mandatory)
As far as second objection is concerned, we are of the view that concerned statutory notice is not applicable in this suit because of fact & whether notice applicable or not can be decided after going into merits & hence we are opposing on this.
As far as third & fourth also we do not have any problem as there is a cause of action & court can itself decide about from reading of plaint & even if court fees found to be deficit, we are ready to pay.
Therefore we are thinking of opposing only on second point in order to allow court to decide as early as possible.
1. Is it right or we should oppose on all the point because they are defendant.
2. Is it possible that court will not frame preliminary issue on notice even if it goes in the root of jurisdiction because of mix question of law & fact ?
Thank you.
Plaintiff in person
bhavya
09 January 2016 at 19:18
What is privileges and restriction of reserved category fuel pumps inspite of other Ordinary fuel pumps category by ministry of petroleum in India.
ajay
09 January 2016 at 18:59
My friend had applied for personal loan and credit cards and was regularly paying all the loan dues, now suddenly his father was diagnosed with cancer of liver and pancreas and the family has spent more 14 lakhs on the treatment ad cannot pay the card dues for some but the creditors are harssing like anything they using high handiness to recover the dues and the family is in full tension the patient himself tried to commit suicide due to his expenses mounting ,i anted to suggest that if he files insolency then can he save himself from the creditors he stays in mumbai so pls help me to help him
Subroto
09 January 2016 at 18:39
Dear experts,
I have been summoned to witness in a 'criminal case u/s 138 of the Electricity Act' where a person has shifted his electricity meter from his property to our property, illegally, in order to prove his ownership & possession over our property in the civil court (the case is pending).
The Sec.138 EA Act criminal case is at PP evidence stage. I just wanted to know can I submit my statement as witness in writing and annex such documents with it which are important ? I want to do this because I fear I might get nervous and forget or miss important points.
If not, can I just read all that statement before the court so that the steno could write it down and give him the concerned documents also ? Is it allowed.
R C Pandey
09 January 2016 at 17:51
Dear Sir,
I want clarification that whether the DA is permissible on any emoluments which may be specially classed as pay by the President of India under FR 9 (21)(a) (iii)
Yours Sincerely
R C Pandey
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Agreement made in rs. 10/- stamp paper before public notary
Respected Sir,
Please look into the question and put your views :
My father was an Employee of Eastern Coalfields limited and he expired on September 2012 during his service period after that my elder brother (Age 30) gave the employments of my father to me (younger brother age 27) on a condition that I have to pay Rs.25 Lakh.
And I joined service on April 2013, during the time of employment the EASTERN COALFIELDS LIMITED have undertaken a INDEMNITY BOND and AFFIDAVIT that I have to look after the dependent of my father i.e. my elder brother and his family, and then on May 2014 an agreement of Rs. 25 Lakh made between me and my elder brother with two witnesses. that in lieu of employment of my father I will pay me a sum of Rs. 25 Lakh within 6 months. But I failed to comply the agreement. Now I want to know that the agreement made in a Rs. 10 Stamp paper before the public notary.
Can he file a case against me on the basis of the mere Agreement of Public Notary and what are the chances of this case and what are the consequences as well as how vital is the INDEMNITY BOND and AFFIDAVIT which I have gave to EASTERN COALFIELDS LIMITED that if I fails to maintain they EASTERN COALFIELDS LIMITED is free to deduct my salary. if I don’t pay me the amount.
Please advice me I dont have so much amount to give him, what are the legal chances of my safeguard. Please advice.