raj
13 January 2016 at 22:02
Mere apartment ka frunt ka pillar apne aap crack ho gaya hey or flat walon ne dekha k bht ghatiya quality ka material use hua h.
Hm sbne bulder se contact kia k isko maintain karwaye bt usne deny kr dya or kha k flat sell hochuka h ab me kuch b nhi krunga... plz guide us k hm sb kya karey bulider k against
Prashanth
13 January 2016 at 21:53
Recently Tribunal ordered cultivator (tenant) as Owner. Can he sell land within 15 yrs.
virat tiwari
13 January 2016 at 21:51
My friend is a bank officer during one day village pradhan came with account holders for narega payment after payment he asked my friend that please give him few transfer slips so that remaining acc holders can sign the transfer slip at home and transfer money in a single account which can be withdrawn through atm. He gave him transfer slip and asked pradhan to verify and witnesses there signatures and then present to bank. Pradhan did the same and produced the transfer slips to my friend.
He transferred the amount to a single account. But 5 out of 20 transfer slips were fake or fraudulent and amount transferred was recovered back from that single account by calling upon that account holder to respective accounts after the complaints were received. One of the account holder filed a case on pradhan and that particular account holder for rs 3000 fraudulently transferred.
my question is that is my friend could be guilty in eyes of law and if yes what could be his punishment
rajesh karnik
13 January 2016 at 21:41
Respected Sir,
Defendant has filed notice of motion to frame preliminary issue under section 9A of CPC & I have file reply to it on next date.
9A says that after filling application under 9A, all other proceeding in suit are stayed.
Can I apply to the court for amendment of plaint before filing reply to the notice of motion ?
Thanking you.
rajesh karnik
13 January 2016 at 21:38
Respected Sir,
the Division Bench of supreme court while interpreting the provisions of 9A of CPC 1908 in Foreshore Cooperative Housing Society Limited vs Praveen D Desai (D) Thr.Lrs. & Ors on 8 April, 2015 held that the
the provision of Section 9A as introduced by (Maharahtra Amendment) Act is mandatory in nature. It is a complete departure from the provisions of Order XIV, Rule 2, C.P.C.
Mr. Nariman, learned senior counsel appearing for the appellant put heavy reliance on the decision in the case of Ramesh B. Desai vs. Bipin Vadilal Mehta, (2006) 5 SCC 638, for the proposition that a plea of limitation cannot be decided as an abstract principle of law divorced from facts as in every case the starting point of limitation has to be ascertained which is entirely a question of fact. A plea of limitation is a mixed question of law and fact. In our considered opinion, in the aforesaid decision this Court was considering the provision of Order XIV Rule 2, CPC. While interpreting the provision of Order XIV Rule 2, this Court was of the view that the issue on limitation, being a mixed question of law and fact is to be decided along with other issues as contemplated under Order XIV, Rule 2, CPC. As discussed above, Section 9A of Maharashtra Amendment Act makes a complete departure from the procedure provided under Order 14, Rule 2, CPC. Section 9A mandates the Court to decide the jurisdiction of the Court before proceeding with the suit and granting interim relief by way of injunction.
However, it is made clear that in other cases where the suits are governed by the provisions of Order XIV Rule 2 CPC, it is the discretion of the court to decide the issue based on law as preliminary issue.
It means that when any objection is taken under 9 - A of cpc which goes to the root of jurisdiction of court, It is mandatory for the court to frame & decide preliminary issue even if it is a mixed question of fact & law ?
Goutam Bhol
13 January 2016 at 20:57
Dear Friends,
I have a specific query that when a christian husband is deserted by his wife for about 2 years can he file a suit for divorce under section 10(1) (ix) of the Divorce Act? There is no other ground for divorce. What is the remedy and procedure?
In case of any further clarification I will do the needful.
Dr. Hasraj Tiwari Advocate
13 January 2016 at 20:17
Whether Revision is maintainable against the order u/s 219 of Cr.p.c. AGAINST rejection of application
ashok
13 January 2016 at 20:05
i am in very much trouble and i want ur suggestions,
i am under probation in govt service, i was with friend with one girl in training, but due to her forcing nature, I started to avoid her and I stopped speaking completely with her because she was not understanding.
She started daily calling and sending text messages and torturing. In messages she send like I miss u…, Kill me…., I will leave this Job….., Don’t search me again, If u will speak with other girls then I will create problems….,I will do suicide….. I tolerated these things because firstly I thought she will understand one day and problem will be over and secondly I don’t want to make issue in academy which will disturb my image. But she took it as an advantage, started more torture. After that, she tried to spread my relation with other lady officer as illegal.
April 2015, she tried to blackmail me by telling that she will do suicide and she attempted also, so I convey this message to her parents and academy. they decided to keep her mother with her during training. I was told everything to her brother and he was supporting me.
same thing she had done with my batchmate like sending messages of love, marriage, blackmailing, not allowed to speak with other lady officer, speaking bad about them, etc. suicide warnings but as he is ex-police officer he had handled situation.
I have not given her any promise for marriage. All these situations I have already told to her family, I am having all the text messages that she has sent me, letters that she has given me and the call recordings from the March 2015. Nowadays she is trying to make contact with my family which I don’t expect.
in sept 2015 i was done compliant to acedamy but they had not taken any decision except they gave warning to her and me for not to talk with each other, from 1 oct she has not tried to contact me but,
the present condition is ,
1. She is coming to my home in feb 2016 and ask my parents for marriage and if they reject then she will do suicide in my home.
2. She will file false complaint against me like cheating, rape, atrocity, etc and then it will be very problematic for me.
3. She is telling me that I don’t have any option except to behave according to her.
Saira Banu
13 January 2016 at 19:46
If the seller wants to sell and buyer is delaying what is the sellers rights?
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Sarfaesi act
I have taken a loan for buying a flat. But the bank did not take any deeds as mortgage. The bank only has an agreement with me for the loan. In the meanwhile I have sold the flat and it got registered to the buyer. Now the bank has given a notice to me for possesion under Sarfaesi Act. Do i need to worry ?