Atul
28 October 2014 at 20:28
landlord's Land is leased to Company to run a petrol pump. The dealer running the petrol pump on behalf of the corporate takes on lease, some land at the back of leased land and uses the leased land (as taken by company) for accessing the back portion land.
On vacation of land by the company under orders from the Courts on giving undertaking to the Court to give peaceful and vacant possession of the premises -
1. The dealer files claim of easement - is it maintainable or not.
2. Can company be tried for contempt of court as the land has encumbrances which were allowed during lease ? Can connivance of company and dealer be basis of contempt ?
3. Can compensation be enforced on company if landlord has to part with some land ?
Adv M.D.Azhar
28 October 2014 at 20:06
sir. i am defending a civil suit in which plaintiff had filled an application under o.11,r.1 of c.p.c. to put interrogateries. while giving such application permission to put question to defendant has to be observed. but in the said case the plaitiff has prayed thus, this honorable court may b pleased to grant this application ........ an court has order as. granted no detail order has been made whuch is required as per o.11.r.1 moreover i is not in the firm which is required. In the said circumstances if the application is allowed then i want to challenge the said order. so mainly which ground generally should be taken or under which specific provision appeal may lie to dustrict court. under order 43?
Arun K Sreedhar
28 October 2014 at 19:58
What is the difference between controlling authority and higher authority in govt of India service?
kishore
28 October 2014 at 19:40
i purchased the inam land in the year 1966. In the year 2013 the alleged legal heirs of original inamdars came up with ORC, which was obtained without my knowledge. whether my right over said inam lands as bonafide purchaser or as adverse possessor remain good or not?
KISHORE KUMAR JOSHI
28 October 2014 at 17:34
My mother has left behind an unregistered will with two witness signed will is in my favour. My sister is leaving in Australia permanently. How will the WILL be executed if my sister does not gives the no objection certificate ?
Muthukumar
28 October 2014 at 17:29
I borrowed a loan of Rs. 10 lakhs from my friend’s brother. For which I had issued a receipt. I paid back Rs. 8 lakhs through my partners in 4 installments. I did not take receipt for the payment made. Now, my friend’s brother has complained to the police stating that I have not paid any money. I have witness, who will tell about the payment made, but police say this witness is no use but I need receipt to prove the payment.
I would like your advice that whether witness can prove that I have paid back the money or receipt is the only proof for payment.
Police says that we will file FIR on this case. What is the solution? I have been cheated please help me.
Nirav Shah
28 October 2014 at 17:21
Hi, I am Nirav Shah. My query is as below.
My great Grandfather along with his brother had purchased a land in Gujrat. Post their death both the family went to court for wealth including the house and the land. Eventually 20 years ago both party went into out of court settlement in which a piece of land was awarded to the family of my great grad father. During the settlement in the land document (7/12) only four name were added. Two of my uncle, Grandfather and my Dad. However my dad has another 3 sister and one brother whose names are not there in the land document.I would like to know
1) What is the legal right of my uncle whoes name is not there in land document over this land?
2) My Dad is also passed away. What is my status regarding the land?
There are no other document/agreement available.
Pradip Kumar Bhattacharjee
28 October 2014 at 17:10
Sir am a student. Me and my friend have been given constantly lesser marks than other students by our teacher. He also encouraged cheating in examinations for other students of our class. We waited for the college authorities to take necessary action against the teacher but no action was taken by the college. We are fearing that our last semester results which is
expected to be out soon might be tarnished and a research paper which is to be submitted by us (holds importance for award of degree) is stuck because of that teacher.Kindly sugesst necessary legal action
sridhar pasumarthy
28 October 2014 at 14:56
Respected Experts,
Promissory note was executed undertaking to pay the amount with interest at 18% on demand. But, on its backside, promisor wrote that amount with interest would be paid after 18 months in his own handwriting and put his signature beneath it. Promissory note was affixed with Rs.1/- revenue stamp.
Basing on the said pronote I filed the suit.
Material averments in the plaint in brief are :-
"On dt.xxxx, defendant borrowed an amount of Rs.xxxx/- from the plaintiff and executed the suit promissory note in favour of the plaintiff in his own handwriting promising to repay the same with interest at 18% p.a. either to the plaintiff or to his order, on demand. He also endorsed on the backside of the said promissory note in his own handwriting that he would repay the amount after 18 months."
Now, defendant filed his written statement denying the signature and handwriting on the promissory note as well as of the endorsement on the backside of the promissory note is not that of him and that it was fabricated under certain circumstances by the plaintiff.
That material aspect in the written statement is "The suit promissory note is not a demand promissory note and it is a promissory note payable otherwise than on demand by virtue of endorsement on backside of promissory note. As such, according to Article 49 (2) of Schedule I of Indian Stamp Act, stamp duty is insufficient and hence it is not admissible in evidence as per Section 35 of stamp Act and hence, the suit is liable to be dismissed on this sole ground.
Now my doubts are :-
1. What is the effect of words written on the backside of the promissory note particularly with respect to deciding stamp duty?
2.Whether the words written on the backside of promissory note are part and parcel of the suit promissory note or can it be termed as different transaction?
3. Is there any way to get the suit promissory note marked without any objection?
I am very anxious of knowing the answers as you all knew well that suit will be dismissed if promissory note is not marked.
Pls clarify my doubts. Thanks in advance.
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Which provision of cpc
Dear experts,
Hope you will give me your best reply. It needs some careful thinking. And the experts are very very competent here .
BRIEF FACTS.
I file a suit for permanent and mandatory injunction under O39 R1&2. Suit is compromised on 6 terms on oath between the parties before the court.Joined by Ld. Predecessor.It cannot be backtracked as per settled law.
DEVELOPMENTS :-
Court vacates/quashes compromise through new presiding officer.Says compromise failed. Wants to proceed on merits.
I file an application for review/recall of order under Section 114 r/w 104 of CPC.
QUESTION:
If court dismisses review application of mine as plaintiff, I can appeal under which provision of CPC in the Appellate Court.
Thanks and best regards
Please give me your best answers.