S.R.Venkatraman
29 July 2014 at 08:00
In an injunction suit filed at the trial court, the suit was dismissed on the grounds that there were differences in the plaint schedule of property and schedule of property of the marked documents(power of attorney deed/settlement deed), although the patta stands clearly in the name of the petitioner - more importantly during the course of the suit, an advocate commissioner's report and court appointed land surveyor report were requested which clearly identified the suit property to be standing in the name of the petitioner-This report itself would have proved that the defendant clearly encroached into the property of the petitioner. The court failed to consider this report and simply dismissed on the ground cited above with the result the petitioner had to go to the appellate court.
Since, two different people were attempting to encroach into the suit property, two separate I.A's for amendments to the schedule property in the plaint were filed - and, also, a 3rd I.A for marking of additional documents i.e the court appointed advocate commissioner+ land surveyor report was filed.
Interestingly,one of the defendant never appeared in person or appointed a counsel to represent her in the court proceedings - therefore 04 advocate notices were sent to this defendant asking for her appearance. However, while dismissing the 02 I.A's(amendment of plaint petitions),the court dismissed the I.A in which this lady(defendant) failed to appear, on the very same grounds as the other I.A (2nd defendant). Moreover, the I.A for marking of additional document (the trial court appointed advocate commissioners report + land surveyor report) was kept pending. -This was shocking, as a mere reading of the most important evidence in this case could have easily brought out the fraud committed by the counsel of the 2nd defendant and the requested amendment could have been granted since all along the trial, the 2nd defendant has maintained that his Survey No. is different.
Also, when the lady defendant had never appeared in person or appointed a counsel to represent her, how can a court dismiss the I.A (plaint amendment petition) in that case also?
This shows how our courts are functioning !!!!!
Such judgments also point out the inefficiency of the judge in assessing the facts in the right perspective with the result the 02 I.A's were dismissed at the appellate court.
The petitioner now has to seek remedy in the form of a C.R.P at the high court.
I would like to know of other cases where the amendment in the plaint schedule of property has been granted by high court in a C.R.P OR under what provisio of the C.R.P can a petitioner/appellant file a C.R.P for grant of amendment - Clearly, the defendant will not be affected in any way whatsoever due to this grant of amendment since he has been stating a different survey number - more importantly, the defendant has confessed that he does not have a registered title deed.
Is it possible to request for marking of documents also in the same c.R.P petition?
Kindly enlighten me please.The petitioner hails from a poor family and needs assistance.
S.R.Venkataraman
rajendra
28 July 2014 at 23:19
Can we file Heabus Corpus in case of arrest based on illegal order. Can I get citations on either side
Udit
28 July 2014 at 22:30
I have divorced my wife. I have two children, son aged 6 years and a daughter aged 2 1/2 years. In December 2013 after divorce my wife forcibly took my son with her. I filed child custody suit, which is still pending. Last week when I went to meet my son in his school, he started crying and insisted me to take him with me. After getting permission from the principle of the school I brought him with me. Same day his nana, maternal grand father lodged a FIR in the police station against me and on behalf of his FIR police took me with my son in the police station and there they handed over my son to his nana, maternal grand father. I Keon though FIR of kidnaping of his own son is not maintainable in court but can I take any action against such action of police, because they took my son without his wish. I want to take action against police. Please suggest me is there anything in law which I use against police.
U VENKATA RAMANA
28 July 2014 at 21:53
Sir, I am working in LIC of India as Higher Grade Assistant in Machilipatnam(AP). I am also a trade union leader. In LIC of India, Machilipatnam Division, wages were paid to Temporary workmen in Dummy names for Several years. As there is no response from Management, I have taken up the matter with outside authorities like Assistant Labour Commissioner(Central), CVC, CBI etc. The Management has asked for my explanation to approach National Commission for Scheduled Castes, CVC and they have issued Show-Cause Notice informing that they will demote me to the Cadre of Assistant. Sir, please help me by informing the cases where Show-Cause notice is stayed by Honourable Courts.
Member (Account Deleted)
28 July 2014 at 21:09
Dear Experts,
Suppose a person is registered with barcouncil of maharashtra as advocate and without suspending his sanad or informing bar council he starts working with company in some other field (not as a lawyer or legal advisor). But he also stops practicing law from the beginning it self. If this is discovered by bar council. what action will the bar council will take ?
does his sanad will be cancelled ?
If sanad is cancelled will it be temporary or permanent ?
If his sanad is cancelled and after some years that person want to practice full time law will he be able to get his sand back/re-register ?
does a legal action or fine will be imposed on him ?
pls advice
Avijit Sinha
28 July 2014 at 19:49
Hi,
I am a student of law, perusing 1 Year. I have seen many times that lawyer send the notice to the opponent on a letter head and typed in a type writer.
My question is:-
Is this mandatory to send notice or any appeal only through type in a type-writer? Can Any Lawyer type on computer and make a print on his/her Letter Head and send to the sender, or any appeal to court.?
PLEASE HELP ME OUT FOR THE CORRECT FORMAT AS WELL.
Paras Singh
28 July 2014 at 19:26
Dear Sir,
I am employee of private company. My wife filled an false DV case against me. JMFC court had ordered interim maintenance of Rs 5000. My Gross salary is 34000 & after deduction i get Rs.15000 p.m. I had also submitted my salary slip to court. But my wife asks my company to give my salary details. I had filed case in District court for stay on Interim order as i am unable to pay such amount as i have to look after my old age parents & my younger sister who are dependent upon me.
Now my wife asks company for my salary certificate.
I want to know whether Income tax return copy is considered as income to grant maintenance OR only take home salary is considered .
smart
28 July 2014 at 19:22
what is the legal sanctity of an MOU signed between husband and wife for mutual consent divorce after just 9 months of marriage. does this MOU hold validity to pay a part of MCD amount. Please help
is it legal to enter into an MOU and/or divorce deed before completion of 1 year of marriage
N Govindarajan
28 July 2014 at 19:10
Dear Sir/Madam,
My father died without leaving a will. My father is succeeded by my mother, self (son), my brother and sister. The properties are in Tamil Nadu.
1. First property in question is ancestral agricultural land.
2. The second property in question is a residential flat which my father acquired with his own earnings.
Questions:
1. What is the percentage of share of the said properties amongst the four of us?
2. If my sister wants to relinquish her rights over the said properties with out any consideration, what legal formalities have to be carried out (Paper action)?
3. Whether any sale deed or any other deed has to be executed amongst the rest of the three of us? There is no consideration involved.
Thanking you
Regards
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Mistake in sale deed
Dear sir,
I have got a gift deed from my father in law in kerala state.But the problem is that there is a mistake made in the sale deed and the khatha, regarding the places surrounding the plot. Actually south is road, east is oziadathu site, west and north is parathi site. but in the sale deed it is mentioned south road and east, west and north as oziadathu site. how to correct these mistakes in sale deed and khatha.
yours faithfully
shaji