Aseem Vaishya
16 January 2016 at 10:33
A Revenue forest land is allotted to us by Ministry of Environment and Forest for use of Petrol Pump and Allied services at Gwalior. The land in revenue records is mutated in FOREST name (11.5 bigas).
While the allotment process was going on One Sarmanlal filed a case in trial court saying the same land was cultivated by his father so on basis of adverse possession the same shall be mutated in his name, he lost the case up to Apex Court on delay and Merit.
In meanwhile Ministry of Environment and Forest allotted 0.720 hectares of land (out of 11.5 bigas) to us for use of Petrol Pump and Allied services under Forest Conservation Act 1980 Section 2 and after completing all the formalities land was handed over to us in 2013.
Now Mother, Brothers and nephew of Sarmanlal again filed the suit in trial court claiming the same land as legal heirs of Shankarlal who was father of Sarmanlal on the same ground and all the documents filed are certified copy of earlier case.
Our lawyer filed an application under order 7 rule 11 with all documents and copy of all judgements passed in earlier case by Sarmanlal on basis of res judicata and court fees (which they have estimated very low then guideline rates) during this in March 2015 Bhagwan Devi W/o Shankarlal and mother of Sarmanlal and others passed away.
Plaintiff filed and an application under order 22 rule 4 to take sarmanlal on record which court accepted and amendment in plant was made with Sarmanlal as a legal heir of Bhagwan Devi.
Our lawyer is now filing an application under section 11 of CPC to decide the case on basis of res judicata.
Here, I would like to mention that our application of 7/11 is still pending and we feel judges mind is bent towards Sarmanlal's family.
Could you please guide us whether we are going on right track or some other steps also should be taken by us and also request for some citations in above matter?
Thanks & Regards
Aseem Vaishya
9425116694
Aruna Kumari Andy
16 January 2016 at 10:31
Hi Sir,
A sale agreement was made between two parties , partial payment was done for certain amount, and the possession rights on the property was give, and the same was written in the agreement. specific performance with in stipulated time have not done, so a petition was filed, the judge dismissed the suit saying possession of rights were not registered....now what is the fate of agreement and rights of the grieved party ?
it is only a legal doubt, not related to any case?
Sambhav
16 January 2016 at 10:22
Dear Sir, we have obtained birth certificate of our son when he was 3 months old and but now we would like to change his name ( he is now 11 months). I know now name on the birth certificate cannot be changed , so would like to seek other legal procedures that name we have chosen now remains as final on his passport ( yet to be made) and further for his school admission.
Thanks
V.P.NARAYAN
16 January 2016 at 09:40
Dear sirs,
My officer asked me to submit a report regarding the misconduct of the employee that I mentioned in my query through SMS !!
Is it a right way to ask subordinates for a report through SMS that too for taking an departmental action against someone?
Does it a require a letter on such things so that I can have a documentary evidence for such instruction?
Aditya
15 January 2016 at 21:59
I live in a tenant room in Mumbai suburb region. I have been regular in paying the rent since 1982. For which landlord has also issued the rent receipt.But Since last 2 -3 years he is not accepting the rent amount.
I have heard that if a landlord is not accepting the rent tenant can deposit it in the court.
Is it true , if yes where in Mumbai ( Which court ) should I deposit the Rent.....?
Please give me the advice......
Ghanshyam
15 January 2016 at 21:57
Respectable experts,
Our relative build house in my grandfather agriculture land, he is not वारसदार of my grand father. He has taken electricity connection and paying local municipality taxes for the house. My grandfather permitted him verbally to do so before 40 years. The said land is still agriculture land near a town in Gujarat. Now my grandfather is dead and he wants to keep whole agricultural land of my grandfather stating he is residing there since 40 years.
Can I chellange municipality and electricity company for providing their facilities to a house in agricultural land? How?
akanksha
15 January 2016 at 20:42
hello sir.
I want to ask you how i can get my share in ancestral property if my father make a will in which he deny to give me my share. because I was married outside my caste. its agriculture land which he inherited from his father and forefathers..
and my mother have a residential house can I qualified to get a share in that house also.
I am from bareilly Uttar Pradesh..
akhanmohmd
15 January 2016 at 20:05
Respected Sir/Madam,
i gave divorce to my wife in 2012,(she left me without notice for long time as her lifestyle did not match to that of mine and she was waiting so that i should give her divorce and she can put a false case of dowry and harassment).... so after i send her divorce she immediately filed a case on me....after filing the case she got married to her home servant maids son...i cannot attend the case hearings as i have job abroad...so i thought of settlement ....but she and her family is asking for settlement money and also to sign documents that i should not meet my two kids (sons)...or later file a case asking for them....the question is...can she ask settlement money and ask me sign such documents??? second question ..does the case have same strength she has filed on me or it has lost all its importance after her second marriage???....i kindly request the experts to look into my issue and kindly advice how to proceed...and what steps to be taken...as i dont want to loose my job as i am the only earning person in my family...
Thank you
akmd
Nasir Ahmed Basha.K
15 January 2016 at 19:46
Dear Lawyer,
I have married a divorcee one year back. I want to apply for a fresh passport to my wife and son. My son age is 5 years. I am not the biological father of my son. In my son passport father name should be mine.
Please suggest me what are the legal documents need to submit to the passport authority.
Regards,
Ahmed
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Return of plaint
Sir/Madam
As per the provisions of Order VII rule 10 cpc, a plaint can be returned in certain circumstances. The question relates to maintainability of an appeal on the foot of return endorsement. Returning of plaint do not hit the definition of decree as under Sec 2(2) of CPC because of the reason rights were not yet been decided or adjudicated. In such scenario how an appeal is maintainable? if appeal is permitted under law whether the same provisions can be recoursed?, if returned plaint hits the provision of order VII rule 10(a) of CPC.