Anonymous
09 January 2016 at 23:32
Mortgagee want his money which he has given to owner of propertyX from me and i am the auction purchaser of property X
i have no role in that mortgage i am just a bonafide purchaser and i got confirmation of sale also he has not come to recover his money before confirmation of sale
After 11 and half years of confirmation of sale he files a suit for recovery against me his case against auction already dismissed
What should i do? to defend myself in court
PRAMODKUMAR
09 January 2016 at 23:13
1)A male 'X' done first marriage in 2010.
2)A girl child from first wife in 2011.
3)He again married to another girl in 2012 without the knowledge of the first wife and other member.Only Member of girl(second) were present.
4)'X' resides with the first wife.
5)Second wife now want to come out from Hide n Seek and want to live with the 'X'.
6)But his first wife and parents don't want to get interfere in this matter . They say only "we don't know any second wife , We will not accept second wife".
7)But second wife now giving threats to go to the court.
[ My query is that will police arrest him 'X' immediately after the complaint of his second wife. ]
Riya
09 January 2016 at 23:01
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.
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.
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Family property related query
My grandfather died in the year 2011, and left with 5 sons and 4 daughters. He also left with properties with his name and my grandmother’s name. Before he died, he did not prepare any will and grandmother still alive. After 3 years, my father expired (eldest son) and my mother is still alive. Now, the remaining 4 sons of my grandfather are separating, so they are asking my mother’s signature. Our family (my father, mother and two of my youngest brother and me) came out our grandfather family 20 year’s back. We have not separated from our grandfather family; however my father did an exchange deed, gave some property in his name in exchange of a house in the name of my grandfather to live. (My father did an exchange deed with my grandfather, when my father left the house. it is not a separation, only an exchange of properties among my grandfather and my father. There was a land in my fathers name, that got exchanged with my Grandfather. My grandfather on behalf of the land, gave a residential house so that we can stay there).We are hearing that 4 of my uncles (my father’s brothers) they did a will with my Grandmother. Can I know how much property we (my mother or grandson) can claim the property. Can we get the full 1 share of the value of the property that is under my grandfather’s name? Can we also (either my mother or grandson) claim our grandmother’s property? Importantly I want to check whether we (my mother or grandson)can claim grandmothers property?