Shiv
27 August 2014 at 15:57
Perpetual Injunction
In Suit for perpetual injunction filed by plaintiff about a immovable property. Defendant file application under Order 7 Rule 11(d) for rejecting the plaint and application for appointment of Court receiver for immovable property. Learned Judge rejected the Plaint as per Order 7 Rule 11 (d), observing that it is barred by law. Application for Court Receiver was not decided.
Aggrieved by the Judgement Plaintiff filed Civil Appeal in District Court against this order. Now i District Court defendant has again filed Application for Appointment of court receiver. This time in receiver application defendant added list of movable property along with immovable property.
Need Experts views on points mentioned below:
(1) Can application for court receiver be allowed at appeal stage by defendant.
(2) Can defendant add movable properties to the court receiver application as appeal is filed for setting aside orders of lower court for rejection of plaint in suit for perpetual injunction over immovable property.
(3) Whether Exh. 5 be decided first OR application for Court receiver should be decided first.
Please need help urgently.
suresh suresh
27 August 2014 at 15:45
sir can llb second year or final year students can attend the all india bar coucil exam sir
Dhruv
27 August 2014 at 15:11
Dear All,
I have purchased a ready to possess flat from the Transferor before the Society was formed. The Transferor is a promoter and subscriber to many application forms for formation of the Society and the Builder is the Chief Promoter. I had obtained a NOC from the builder at the time of purchasing the flat.
Now on obtaining the Registration Certificate, should the Share Certificate be issued in my name or in the name of the Transferor and thereafter transferred in my name?
If issued in the name of the Transferor, then whether the Society is entitled to Transfer premium on transfer of Share Certificate in my name (although the Transfer took place before Society was formed)?
M Satyanarayana
27 August 2014 at 15:11
Sir/Madam,
I am holding preliminary decree in a partition suit passed by High Court wherein I was given relief for mesne profits from the date of institution of suit i.e. 1979 till final decree which is still pending in the trial court. Defendant has occupied and used the property exclusively for himself and enjoying the property pending the partition suit. I have filed the final decree and mesne proceedings simultaneously and both the I.A.s are pending.
I am living in a rented house pending adjudication of partition and division of property. Can I claim interim mesne profit or any other relief pending final decree or part satisfaction of my claim..
Please kindly advise whether I am entitle for mesne profit before final decree or any other relief during the pendency of the partition suit.
Thanking you,
MSN
anupam sharma
27 August 2014 at 15:09
I was in receipt of letter dated 22.07.2014 to pay punitive charges Rs.15,02,342/- and the annexure to the said letter depicted net chargeable weight as 2757.33 tonns whereas actually the railway receipt no.212000176 duly issued by RAILWAY department clearly states the net chargeable weight as 2652.000.
It is pertinent to mention that the worksheet attached with the demand note shows that 158.300 Tonns of material was excess loaded in the rake whereas the actual material received by my client is 2643.560 Tonns i.e 8.440 Tons short as per the loaded material shown in the railway receipt (2652.000 Tonns). Also, the bill issued by seller shows loaded material as 2650 Tonns.
A letter was received from railway in which it was stated that Railway is not satisfied with report sent by my client and my client is requested to pay punitive charges Rs.15,02,342/- within 7 days otherwise next delivery of consignment of my client will be held up and railway would collect above charges under section 83 and 84 of 1989(Act).
What should I do? Any remedy before railway tribunal?? Or a civil suit lies?? Or direction matter/writ lies before High Court??
Sahiba Khurana
27 August 2014 at 14:00
Dear Experts
There was a maintenance order in DV case and to which husband filed an appeal in Sessions Court. There are 3-4 points where the pleadings in the appeal are different from his Income Affidavits and Written Statement in lower Court.
Are there any judgments of dismissal of appeal on this ground of different pleadings?
pradeepkumar chand
27 August 2014 at 13:41
Sir ,
My mother in laws has purcahed a land out of the money from her parents exclusively & constructed a building on 1/3 portion of land by incurring expenes funded by by father in laws from his salry in come . All the revenue tax , electricity has been deposited in the name my monther in law for last 20 yaers . But in good faith. in advetently in the sale deed on land , the name on wife of First brther & Name of second bother has been mentioned . Both have not contibuted nothing for puchase of land & house . All documents envidecing expenditure incurred by my mother in laws are available .
Can my mather in laws will be able to get relif in court of laws & the ground for her support.
Kindly l
khushbu
27 August 2014 at 13:38
Can a Sole Proprietor based in India can employ a Foreign National as an employee in India?
Can a Company and LLP employ Foreign National as an employee in India?
Also if it is better to go for company or LLP in case they want to employ more Foreign Nationals in India?
Thanks in advance.
amol
27 August 2014 at 13:35
Sirs I immediately want or need a Copy of Notification Issued by the Govt Of India details of which are mentioned below
notification dated 28-1-2003, which reads as under:
NOTIFICATION UNDER SECTION 2(1)(c)(v):
NOTIFICATION No. SO 105(E), DATED 28-1-2003 In exercise of the powers
conferred under item (v) of Clause (c) of Sub-section (1) of Section 2 of the
Securitisation and Reconstruction of Financial Asset and Enforcement of Security
Interest Act, 2002
I tried level best to get it from google but not getting
Sirs please kindly send the official attachment of the said Notification
Thanks
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Lease deed & unregistered society
I want to purchase a property from society which is a plot with three storey construction.
My issue here is the owner has carried out lease deed with chief promoter of this co-operative housing society which was proposed society and never got registered. Now chief promoter of society is dead. I have paid some advance to owner but unfortunately the owner too died recently before completion of our deal. Now since both Chief Promoter of unregistered society & Owner both are deceased does this lease deed between them legally hold ground. Now the third party who is in possession of property is claiming that since Lease Deed is illegal as unregistered society is not a legal entity. In case I have to take legal route who has the has the jurisdiction Civil Court or Co-Operative court. Does third party has any valid legal point.