gholap somnath suryabhan
18 July 2015 at 16:40
Respected Sir,
Whether registered bakshis patra of property will be cancelled if purpose of gift is not fulfill?
waiting for reply.
Dr. Gholap
Geeta
18 July 2015 at 15:53
I have got a contested divorce from my husband last year and minor child's (Son) legal custody is with me.
My great father in law died intestate leaves behind a house in delhi.
My query:-
1.What is my child's legal right in said property.
2. Since my child is their offspring what will happen to his share.
3 Is there any legal way to protect my child's right in that property.
4 Can I file any type of suit to ensure that my minor child's right in the said property is safe.
saswata
18 July 2015 at 15:40
IN AN EJECTMENT SUIT DIRECTED BY THE SUPREME COURT TO BE DISPOSED OFF WITHIN 8 MONTHS, IT HAS BEEN DISCOVERED DURING THE MATURE STAGES OF TRIAL THAT THE WS FIRST SUBMITTED OMITTED SOME VITAL FACTS-- ALTHOUGH LEAVE WAS CRAVED IN THE ORIGINAL WS--DUE TO NON-APPLICATION OF MIND BY THE LAWYERS THEN ACTING ON BEHALF OF THE DEFENDANT :
Q. 1: CAN THE WS BE AMENDED NOW NOTWITHSTANDING CERTAIN PROVISIONS TO THE CONTRARY ON THE GROUNDS OF THE PURPORTED FACTS BEING VITAL TO DECIDE ON THE MATTER?
Q.2: IN VIEW OF THE FACTS THAT THE PARTIES TO THE SUIT MAY EXERCISE THEIR OPTIONS OF APPEAL OR APPEALS AS MAY BE THE CASE OR CASES, CAN THE DEFENDANT PLACE THE FACTS OMITTED IN THE FIRST WS ON RECORD BEFORE THE TRIAL COURT "ONLY" TO BE REFERRED TO AT A LATER DATE BEFORE APPROPRIATE COURT OR COURTS OF APPEAL WITHOUT EITHER APPEARING TO, OR IN EFFECT CAUSING ANY PREJUDICE TO THE DIRECTION OF THE SUPREME COURT ??
santosh
18 July 2015 at 15:37
I am one of tenant in a chawl whose ownership is claimed by three individuals.
1. Mrs. Mk ( she is the original Landowner on record since 1954 , name included in 7/12 record .
2. Mr. J ( Lease holder for 98 years , since 1970 ), he has been collecting the rent from the tenants since 1971.....by issuing a rent receipt which is in the name of a " ABC " pvt ltd. company. (Register Lease is signed in between Mrs. MK & ABC company ). Mr. J was one of the 4 Directors of the ABC Company. Which was registered under company act in year 1954.
This company was declared as dormant since 2002. Mr. J is nomore now, he died in year 2010. Now his son Mr. A is collecting the rent on behalf of his dad.
3. Mr. M who is owner of construction company has purchased this plot from the original owner MRs. Mk. and has reg. the conveyance deed . The PR Card as on today has his name.
Now my question is :
1. Whom should we pay the rent . Mr. A who is Son of Mr. J ( Lease Holder ).
2. Mr. M who is on PR Card record.
Both the parties are claiming for the rent .If we pay the rent to either one of them the other party files a case in court ( small cause for rent recovery .
Pls suggest a solution ...
rajan chopra
18 July 2015 at 13:58
Sir in a cheque bounce case the court convicted the accused and awarded an amount as compensation to be given to complainant in 2012 but accused in appeal in session was acquitted on the basis of matter compounded between the parties in look adalat on giving the half of the cheque amount to the counsel appear ing for complainant as remaining half of the cheque amount was already deposited in trial court before filing the appeal in session court I.e on cheque amount the matter was compounded but the counsel appearing for complainant was not engaged by complainant and was totally unknown and stranger to the case and no prior consent was ever obtained from complainant for so called compromise in fact the counsel appearing on behalf of the complainant was senior of the real counsel of complainant and was asked to appear only and not to compromise the matter as on the hearing date the real counsel was not able to attend the court and complainant was out of station on date of hearing.Now in 2015 can I file execution petition for recovery of compensation amount with interest and costs?
Rajeev Singh
18 July 2015 at 13:48
Can Arbitrator award interest for pre and post reference peiod in any arbitration matter. Even if the GCC may prohibit award of interest as per the conditions laid down in the agreement.
rajeev
18 July 2015 at 13:40
I am a Canadian National and my wife is also a Canadian National. After she lost her case in Canada she came to India and files a fake 498a, 3/4DPAct, 406, 420, 504 & 506.
For last 2 years I am stuck in India fighting this case, there are only three main witness and 5 police office. My trial is ordered to be day to day. The siting Judge in my case doesn't give a crap about my case, my livelihood or for that matter anything else. Here is my doubt that he is biased or has been bought over.
When the questioning of my wife was going on, one day while my lawyers were asking question to my wife, the Judge stopped the questioning and he advised us that we should file all the evidence and then ask the question. 4-5 days later we went to file all the evidence, on that day he said " that I came fro a civil court and I don't know all the criminal rules and I have made an mistake" the evidence can't be submitted now, it can only be submitted later. We had no choice but to accept his stupid reasoning. Again we went back to questioning and after few minutes he told us we can't ask this and that and he closed her questioning. Even at that time I told my lawyers to file a complaint or move for TA but they advised me to wait.
1- He has set my trial every day at 3:00 pm...but my trial never start before 3:30 and by 4:00-4:15pm he closes the hearing for that day. My advocate has requested him so many that please reschedule the timing to anytime in the morning but he has refused time after time.
2- Every request we make he turns it down even if our request are 100% genuine.
3- I got bail from ADG courts about an year ago on producing two Jamanatdar who has to produce assets worth 1 lacs, I had to sign a personal bond worth 80000.00 and give a guarantee of my house. I provided YELLOW CARD, on that basis the ADG granted me bail.
4- 2 Months later on the same basis my Canadian passport was released. He never asked me to verify my Yellow Card or get the Valuation of my house done.
5- The earlier order states that every time I have to go out of India I can request the trial Judge for the permission to go.
6- 30 days back me and my lawyers told the Judge that there a court date coming in Canada and I would like to go and attend the court date.
7- He told us to file an application and he will grant me permission.
8- 4 days back I submitted the application. I submitted Canadian court order, my travel tickets, hotels and car rental receipt etc to him with my application. My ticket was for 16th, the Judge knew about this.
9- I did all this on 13th of this month, 14th he didn't show up in the court. On 15th he told us to get the Jamanatdar verified, we did that....the was out of the court from 3:00pm till 5:45pm, he came back to the court, we were waiting for him, He told us that the Jamanadar are okay and we can leave and next day we will get the order.
10- On 16th at 3:00pm sharp we went to the court, the Judge was no where in the court. he came at 4:56pm and signed the order. The peon came and gave us the order and while we were reading the order we saw that the Judge quietly was leaving from the back door. HE HAS REFUSED THE ORDER FOR ME TO TRAVEL OUT OF INDIA. IN HIS THREE PAGE order he has accepted all my documents etc and he has given only one reason for cancelling my application. He states that my yellow card is not legal documents as it doesn't give the valuation of my house.
11- The earlier order which was passed by ADG had accepted the same yellow card and this Judge who is much lower than ADG refused my request.
12- In his order he has mentioned that this trial is supposed to be day to day and at the same time he gives and order on 16th and he gives the next date for 28th of this month. He contradicts his own statement in his given order.
13- As I said I a Canadian National and I have almost no money left and don't know what to do, the Judge won't let me go to Canada to attend my court dates as my wife is in Canada and she is filing motions after motions in Canada alleging that I am not coming back to Canada and I am the one who is delaying the trial in India and in Canada.
14- This is after my wife is the one who has filed the same case against me in Canada first and then in India. I am being tried for the same crime in two country at the same time.
15- I am really frustrated, broke away from Canada since November of 2012. I do not know what to do......I really think this Judge is not going to listen to anyone of my reason. My wife hasn't even produced one documents or any other evidences which can prove that I am guilty. I have dozens of documents, photographs, videos, banks transfer receipt etc etc which will prove that my wife is 100% lair and all her case is only based on VERBAL ALLEGATION.
16- Please guide me.........what are my options. Where can I file complaints against this Judge. Earlier when we had filed for TA (because of the 3:00 pm rule) the CJM has refused by saying that all the courts are very busy.
I am really stuck and if this keep going on he will hang me.
Thanks.
Anonymous
18 July 2015 at 13:32
If a company takes loan from bank and on behalf of it the company morgage its property. If the company is unable to pay back the loan amount, the bank will take over the property.
I want to ask is, does the bank get any effect on the gauranteer.
And if the gauranteer was director before for 5%
wadkar
18 July 2015 at 12:55
My father(Baburao) has four brothers and he is the eldest of all. My father's father(Dagadu) died in 1973. Before his death, Baburao got separated from his brothers.In 1974, the nomination record of land property mentioned Baburao as the head of family(karta). In 1975 some part of the land was acquired by government of Maharashtra (Satara,Wai) for Dhom Dam project.Government paid for the land acquired as per their rules. Baburao gave the power of attorney to the second brother(Sadashiv) on behalf of all brothers.This power of attorney contained following things:
1. Accept the payment from government
2. Reuse the same money for getting another land from government
But Sadashiv accepted the money and didn't deposited any money for getting another land from government. Now,Baburao bought a piece of land from his own money in around 1995. Now the other brothers are asking for a part in this piece of land. They are doing this on the basis that Baburao is head of family(karta). We won this case in Diwani Court at Wai Taluka. But they have again applied to District Court now. Baburao has died, but I am still fighting for this land.
My question is that "Can Baburao be still considered as head of family?"
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Related to cyber crime
Hello sir, i made a website for a travel company client 2-3 years before, the travel company made a fraud with his client, i mean they sold some package to one of customer from pune and they not delivered the package and escape.
customer from pune, so he filed complain, now the police called me for investigation bcz i made the website, now i am getting worried bcz pune police told me that you are also involved in this and we can arrest you as well...its very difficult to go pune every time, i m just a simple person who earning some amount money to live and manage life in delhi.
so plz help me, i just made website not involve in this fraud, the travel company has done fraud, so why i m getting call from police, plz help me i worried it can spoil my career.