LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rastogi   22 November 2014 at 14:23

Section 14 of limitation act

My Client(Mortgagor) paid the mortgage money 1985(Mortgage is for period between 1959-1962) and continued in possession. Mortgage deed is lost by Mortgagor.

My Client filed a permanent injunction suit in 1991 to debar Mortgagee to enter the suit property. when mortgagee tried to take the possession.

However, Trail court and first appeal held that since there is no proof for redemtion and Mortgage deed is not with Mortgagor. It can not be declared as mortgage is redeemed and permanent injunction was denied.

My Client wants filed a suit for redemption now in 2004.(immediately after first appeal judgement)

If we consider 30 years from the date of 1962 it falls on 1992. Redemption suit filed in 2004 is barred by limitation. However if we exclude the period of proceedings in legal suit between 1991 to 2004 it is not barred by limitation.

for the purpose of this suit should we exclude the period during which suit filed by Mortgagor was pending in court ? will section 14 of limitation act cover this and helpful mortgagor?

jayaselan j k   22 November 2014 at 14:08

Permission to sue injunction suit by getting permission undr order 2 rule 2(3)

dear friends,
i have filed a suit for injunciton reserving my right to file specific performance suit by filing an application under order 2 rule 2(3) along with the plaint before district munsif courtand the same was returned stating that the relief of specific performance is to be granted or filed before subcourt and how this court can permit or waive cause of action to file sp.performance suit when the sale consideration is Rs.12,00,000/- pls help me what is position of law and provide me with ruling if any regarding getting permission
with regards
jkj, advocate, trichy.9894292179

sayed zahir   22 November 2014 at 13:38

Extension for 2 years to complete engg degree

i am engineering student of vtu university,belgaum ,karnataka.
university rule is that a student have to complete entire course wiyhin 8
years duration .my case is that I have completed 8 years durartion but i
am eligible to take admissiion to final year .university is not giving permission for admission to final year and complete degree.
now i moved to high court against university .please suggest me a law
point to get extension for 2 years to complete my degree

prateekkkk   22 November 2014 at 12:32

Very urgent

dear members, please advice me on my matter.
i am a physical handicaped with 40 percent disability.
i have been now given promotion by transfered to another state tomorrow morning and also got stand relived order in the afternoon in my mail.It is not mention in the order itself that if i did not accept promotion what will happen?
i want to mention that in my central govt office their is no transfer policy, and it is not mandatory that for the promotion i have to transfer.
Previously when they give order of promotion in 2011 the they said in order the for promotion i have been transfered and if i did not accept the promotion then promotion will be given to another person.i challange that order previously in CAT and high court but court said said if you want promotion than you have to go. even court did not force me to go.

on the basis of above,
can i get stay on this forcefull order of the department in CAT?can this be quashed?as their is no policy, i cover in handicaped norms of department itself which state that promotion to be given in delhi as far as possible.Even New DOPT guidelines also said that handicapped can be exempt from tranfer policy.

Anvesh Yadav   22 November 2014 at 11:50

Maientenance

hi this is anvesh yadav on 24 nov 2014 i hve hearing of maintenance under sec 12 dv act yet im paying 2500 as interim and judge told me if it is proved that she is working thn whole money will be refunded to you and i shall punish her as also her companies legal dept person is coming on monday to produce all docs of her employement my ques is as she herself declared tht she has no source of income and it has written on 10 july 2014 judgement of interim now i want to ask wht would be the further steps i need to follow on monday and also on jan 2015 hearing is pending for sec 24 in which i m also liable to ask maintenance from her as she is earining 30 k and im earning 10 k

kumar   22 November 2014 at 11:48

Injunction

Hi All,

Mine is an Ancestral property measuring (30X40) in Bangalore which was a gift deed from my mother.
In the year 2012, when I started the construction of house, a person (A) from the same locality came with police force and said that it is his property and he had sold/registered that property to some other person(B) in the year 2012. This shocked me.

Both (A) and (B) got had managed to get two injunction orders from civil(Mayo hall) court in the name of my bothers'. By this time, I had constructed one floor of my house and then stopped the work due to injunctions.


Case of (A)

His first injunction order was dismissed in civil(Mayo hall) court. He appealed in High court and even this plea was dismissed in high court with a penalty of Rs 1000.


Case of (B)

His first injunction which he had got in civil(Mayo hall) court in 2012 was periodically extended until Aug 2014, later on it wasn't extended. Our lawyer concentrated on Case of(A) as he is the main culprit who sold to (B) due to this reason his injunction went on for almost 2 years.

Now, that there were no injunction orders on this property, our lawyer suggested us to go for construction. When we started the work, I had received a notice from (B),
which stated that, he had approached a City civil court with new case and again got a temporary injunction order on my property, this time in my name. Which made us to stop our construction work again.

Please clarify my concerns.

1. I am confident that new injunction order from (B) will be dismissed based on (A) dismissal. Then what all options left for (B)?

2. What all options left for (A) ?

3. Do you suggest us to go for construction when the injunction order is no longer present on the property?

4. Any idea how long this can go on ?

Appreciate your help.

Thanks,
Kumar
Mob: 9731260560

Khanish Juneja   22 November 2014 at 11:44

Stamp duty on lease deed

Good Morning Experts...

My Company is going to enter into a lease deed for some Commercial Space for a period of 3 years in Delhi.

My question is how much would be the Stamp Duty Payable on the Lease Agreement.

Is stamp duty also payable on the Security Deposit. How much it would be.

Would there be any changes if the rent is paid quaterly.

Thank You...

lakshminarayana prathypaty   22 November 2014 at 10:30

Rti

DEAR SIR
I HAVE ASKED A TWO THINGS FROM AIR INDIA THROUGH RTI ACT 2005,ABOUT THE EMPLOYEE DATE OF JOINING IN THE ORGANIZATION IN 1991 AND THE MARRIAGE CERTIFICATE WHICH SUBMITTED IN 17/10/2014.I HAVE RECEIVED A REPLY IN THE 13/11/2014 THAT THE HAVE SENT THE MESSAGE TO THE CONCERNED DEPARTMENT,AS AND WHEN THEY RECEIVE THEY DIRECT ME.
WHAT IS TO BE SENT.
REGARDS

nilesh   22 November 2014 at 02:02

Maintains for father in law and mother in law

My wife is government teacher and earning more then 25000 per month...and i am jobless...

so my father (husband father) ask maintains from my wife...
if yes then which section husband father and mother can get maintains from my wife...

my father is senior citizen and not able to do any type of work..

AJOY VENU   22 November 2014 at 00:36

habeus corpus

Is it possible for me to file habeus corpus petition in my high court jurisdiction for producing the body who is a native of other state.