Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anil Sabharwal   06 June 2015 at 14:24

Filing of caveat

Can an individual directly file a Caveat in the Bombay High Court? If so the format available on the net suffices or is there a separate format on stamp paper? Any Court fee? Can an individual depute a person to file it or he has to go personally? Matter is for payment of Rs 28,500/-

Matter is MSEDCL (Maharashtra State Electric Distribution Company Ltd) not honouring the order of CGRF(Consumer Redressal Relief Forum), and filing a Writ Petition against the order of the CGRF.

Briefly it is MSEDCL not paying compensation as per SOP of MERC, citing matter is time barred. This was overruled by the CGRF, who directed MSEDCL to pay up, but MSEDCL refused saying they are filing a WP in the High Court at Bombay.

Compensation was for delay in refunding Security Deposit for Temprory connection, after the Temprory connection was disconnected.

The Caveat is desired so that an appeal can be made not to admit matter, as it is superflous.

Also can an Individual represent himself in the Court or he has to engage a lawyer?
No witnesses are to be called.

The matter can become a PIL - as thousands of consumers would not have received refund of Security Deposit against Temperory mater.

Thank You.

Jeevanjot Singh   06 June 2015 at 14:16

wife filed sec 498 against me , false alegation.

i I very upset due to dowry petition by my wife today and I got cal from police station that we have received complaint from your wife that me and my family asked dowry and harras her. Panic has created in my family as she's staying at her parents home from last 2 months and I tried to take her back at home but she refused to do and we stoped talking each other since she used to curse my parents for one and other reason. We I asked stop doing this else I would do the same. She started making issue over this. All of sudden her parents tried to contact me but I don't respond in anger as they behaved too rude when I went to them to take her back. Then they called my father 2-3 times to sort out issue on one side and loosing their patience they did this action of dowry case. Kindly help me for measures.

Today I was cald up by women cell in her parents city to listen issues. Where I saw the application she has filed. Which she also mentioned that I asked her parents to give their property to me, and I forced her to do oral sex, harrasment from my parents, seeking 35lakh over AlL expenses. She said to DSP in front of me that she want devorce, I also asked that m ready to take her with AL the terms n conditions. But she refused and seeks immediate settlement of rs 35 lakh. She has pregnancy of 7months. I m afraid to what level she can go and certain she is looking like the of revenge kind of thing. But apart of settlement as I don't have even 1 lakh rs to give her pl suggest me the way. I spent AL my money for my home construction and a present I have loan of rs 30 lakh and all my salary goes in instalments. I made this house just because of her since she want to move out to city. Now pl guide me, instead I m suffering a lot, why law is against me. Why m feeling so helples. I don't see a ray of hope from anywhere. She's not a partner worth living with. Every time she s cursing me wt I have done for her. I have done AL hand holding , pammered her over, take her like kids, always ignore her small mistakes, never complaint to her parents. But in turn what I have got is not justice at AL.

ckanta   06 June 2015 at 13:53

Suit for partition

Sir,
Could you help me with some law or judgement which says that in suit of partition filed by plaintiff(brother) Co-defendants controversy cant be decided in that case and one of the defendant cant claim declaration of tiltle in his favour or ownership as relief clause in WS.
Please help me out.

Prashant K Gupta   06 June 2015 at 13:00

Intrest on loan

I had given 2,60,000/- in 7 installment for vehicles running details are given below:

1) 15/01/2011 Rs. 35000/-
2) 02/08/2011 Rs. 20000/-
3) 19/02/2013 Rs. 50,000/-
4) 27/08/2013 Rs. 50,000/-
5) 08/07/2013 Rs. 20,000/-
6) 31/05/2014 Rs. 10,000/-
7) 11/12/2014 Rs. 75,000/-

After many request to he and his family they give me 5 cheques of total amount of RS. 2,60,000/- details are given below.

1) 02/05/2015 Rs. 50,000/- (Clear on 03/06/15)
2) 30/06/2015 Rs. 50,000/-
3) 30/12/2015 Rs. 50,000/-
4) 30/06/2016 Rs. 60,000/-
5) 30/06/2017 Rs. 50,000/-

It is very long time to receive my principle amount 2,60,000/-

Can i file a case for interest on 2,60,000/- from my first installment.





vinothkumar   06 June 2015 at 12:29

Disappearance of money from bank account

Dear Legal Expert,

My father is operating a bank account in Chennai Central Cooperative bank from 2011.An amount of Rs 50,000 was deposited at the time of opening the account (2011), obtained a locker and deposited some jewels. An amount of Rs 1500 was deducted every year (for 4 years) as a fees for locker. After this no operation was performed in the account. Money was neither withdrawn nor deposited and pass book entry was not made.
Today when my father went to bank he was shocked to see the account had only Rs. 2000. Bank manager says he has no idea how money disappeared. When asked for transaction details he said, they recently migrated from book based registry to computer database and they don't have any transaction details for our account.
What can be done to retrieve our money. Can a case be filed at consumer court ?
Please give your advice.

gurijalakoteswararao   06 June 2015 at 11:52

compensation

My father working in bsnl ,he expired at the time he has one year service ,I am major can get job under compensation

gurijalakoteswararao   06 June 2015 at 11:21

about my rejoin into service

I am working in Esic I was resigned in September 2014 yet not received my releaving order,is there any chance to take back my resignation and rejoin into organisation..

Shourya Tanay   06 June 2015 at 11:16

Fraud, undue influence, doctrine of restitution

Hello Sir,
I have a case on which i need your help.


case is:

Mrs. Aruna S. v. Abhinav Agrawal and others

Aruna S. and Abhinav Agrawal both were classmates and very good friend during their law course in the University. Both were very good friend and also planning to get marry. However due to some family and other reasons they could not marry. Abhinav, after completing LL.B started helped his father in his real estate business and latter on established his own company. Aruna got her LL.B. degree in the year 1992 but before she could join bar, she got married with Mr. Ashok K. At the time of marriage Aruna’s father gifted her plot of 4 acre, lying somewhere in the heart of the city.

Due to many family and other economic compulsions she stayed as housewife and maintained her family. Both husband and wife with their two children were happy family till 2006. However, in March 2006 they trapped into deep trouble and financial crisis. Apart from many reasons one reason of all these troubles was bad habits of her husband such as drinking, betting and clubbing with locals. Though her husband is a MBA but because of his bad habits he could not manage any stable business or a permanent job for himself.

In March 2006 he was arrested while possessing some country made liquor. He was prosecuted and to fight all this litigations, Aruna borrowed one lakh rupee from Mr. Abhinav Agrawal. Abhinav, who by the time came closer to her husband. As a security for the return of this money she mortgaged her gifted land in the name Abhinav Agrawal with possession. Mr. Agrawal use to give lot of financial and other supports to Ashok K and once Ashok confessed to his wife that he owe almost more than 20 laks rupees to Abhinav.

When Ashok came out from all this litigation he met with Abhinav and both agreed to do joint business. For that Ashok borrowed some 20 laks rupees. For this a contract deed was prepared.

Aruna’s younger daughter, aged 6, was suffering from brain fever and on 10th of Jan 2009 she was admitted in a hospital where she stayed for 11 days. Her condition was very serious. On 20th of Jan 2009, Ashok came to hospital and told Aruna about this settlement. She only cautioned him about new business tactics. Next day Abhinav and Ashok both came to hospital and contract was signed. Accordingly Ashok received 20 laks rupees and started new business.

In between Aruna’s father helped this troubled family by gifting one lak rupees and by this help Aruna redeemed mortgaged property on December 2009 by paying one lak rupee and got back her gifted property. In December 2009 Aruna thought to establish a CLAT coaching centre and thus planned to construct building on the plot. She was taken aback when suddenly police arrived on the scene with Abhinav and ordered to stop any construction work. Abhinav shown to them a stay order from local civil court and also produced a ‘sale deed’ signed by her in favour of Abhinav.

She challenges this stay order and filed a civil suit for cancellation of alleged sale deed. She files suit against both Abhinav and Ashok for playing fraud and misrepresenting him regarding the contract. She claimed that when she signed this deed she was under impression that she is just a surety for this contract and her husband also assured her that she is surety to this contract only. She also contended that the contract is not only a misrepresentation but also affected by undue influence.

Mr. Abhinav, though admitted that Aruna was not informed about details of contract but one of the reason was that since her husband was himself responsible for this contract so his nothing to do with any fraud or misrepresentation. He also argued that since she is a literate lady and also a lawyer she must know nature of every document she is signing. He also argued on the basis of declaration clause which was there in the contract which declares that “I undersigned hereby declare that I have gone through with the terms and conditions of contract and understand the very nature of contract and any liability there under.” Mr. Ashok did not appear in the court and ex-parte proceeding was ordered against him.

Court prepared following issues;

• Whether Plaintiff (Aruna) was misrepresented as to nature of contract and liability under the contract deed?
• Whether any fraud was played with the plaintiff as to nature of contract and liability under the contract deed?
• Whether contract was entered by exercising undue influence against plaintiff?
• Whether in the given circumstances, restitution can be ordered?


mukesh gupta   06 June 2015 at 09:46

Breach


I ordered food through online APP making advance payment along with order, but i did not get my order, the service provider returned my money after few days. is not violation under contract act or breach. since once payment is accepted they are bound to deliver goods/services.



jagdish dubey   06 June 2015 at 03:44

Selling rights

DEAR SIR/MADAM
WE HAVE PROPERTY IN OUR NATIVE VARANASI IN THE NAME OF MY MOTHER(SINCE MY FATHER PASSED AWAY 6YEARS AGO). AFTER THE DEATH OF MY GRANDFATHER AND GRANDMOTHER NAME OF OWNERSHIP OF ALL LAND HAVE BEEN TRANSFERRED IN THE NAME OF MY MOTHER AND OTHER CHACHA'S(UNCLE). BUT MY CHACHA(UNCLE) IS NOT WILLING TO DO THE DIVISION OF LAND,HOUSES ETC. HE IS ENJOYING A LUXURIES LIFE BY TAKING ALL THE PROFIT OF LAND AND RENT OF HOUSES ALONE.MY MOTHER WORKS VERY HARD FOR OUR STUDIES AND SHE IS UNDER A LOT OF TENSION AFTER LISTENING TO MY CHACHA WORDS.MY CHACHA HAS BECAME GREEDY AND HE SAYS HE IS NOT GOING TO GIVE US ANY INCH OF LAND TO US AND HE IS HARASSING US. .
SO I JUST WANTED TO KNOW THAT SINCE IN THE FILE OF GOVERNMENT THE LAND BELONGS TO US THAT IS IT IS IN THE NAME OF MY MOTHER
SO CAN WE SELL THE LAND??
PLEASE HELP.
THANKING YOU
REGARDS
JAGDISH DUBEY
ENGINEERING STUDENT