Adv M.D.Azhar
09 July 2014 at 22:33
Sir, I have filed one suit for the declaration and temporary injunction. In the said suit, the land on which my client has constructed a house is agriculture land. The land to construct house was sold by the farmer who is the owner of the said land. The problem is that my client purchased said land by way of unregistered sale deed and he has been living in that house since 2007. Only land which is covered for the he house is sold and rest of the land is still with the farmer who is owner. Before couple of days the original owner tried to remove me from the house and want to get it back the said house. I have purchased the land and constructed the house which he wants to get it back. So I filed the suit for declaration and injunction in civil court at dated 19/05/2014. Notice was served on him on 27/05/14 than defendant engaged a lawyer on 23/06/14 and after giving the appearance he has filed the counter claim on 07/07/14. In which the heading given as combined reply of suit as well as injunction application. After denying the fact of the plain, he further aid the counter claim in which neither he disclose cause of action nor valuation of the suit nor he prays that, “may this honorable court be pleased to allow my counter claim” neither he prayed declaratory relief nor possession or he plead in the suit that he want to set aside the house but he has not paid the valuation or the court fee to set aside plaintiff’s house. Moreover he has filed reply of injunction application independent. So now I don’t know what should I do, I am preparing the reply of counter claim in which what kind of fact should be written or is it the correct form of the counter claim, if it is not than which kind of that and what is the procedure prescribed for it? I read the provisions which say that counter claim also same rules as the plaint. So please guide me on the law point and also on the fact and guide me that how should be the counter claim?
kumar
09 July 2014 at 22:33
On ground of non joinder of necessary parties I want to make application to dismiss the ccase I am defendant
pl mention u/o rule to make application thnks
Member (Account Deleted)
09 July 2014 at 21:51
1. That after failure of re-conciliation proceedings I gave First talaq to my Ex-Wife on 5-5-2014 ( whose iddat period expred on 27th june 2014 on basis of three mesis periods& on 29th July 2014 according to three lunar months)sent umder registered letter on 6-05-2014 but she did not accept the same & I again sent the same via registered letter but the same was also returned.She went to women cell patiala on 7-05-2014 & women cell patiala
registered a case against me U/s 498A/406 IPC..Thereafter I had published information regarding first talaq in two local Punjabi news papers. Shee was informed about this first on 13/5/2014 during thefirst counseling at women cell Patiala where she denied to accept .that Talq but I handed over a xerox copy to the incharge of Women Cell sitting in front of my former wife..
2. That I and my family applied for AB.& ld. District Judge granted interim bail to us..
3. That I returned all her gift article through WomenThana Patiala.
4. That LD Judge refered my case to Mediation Centre, where my former wife demanded huge money Rs 8 Lacs to
withdraw false F.I.R.and all other cases.
Will you please guide me as per muslim law applicable in Indian Courts,as to whether I should follow compromise or
fight the case in court..Please guide specially whether 498A is applicable to Muslims after giving first Talaq which became
irrevicable after filing FIR.on 18/6/2014.
Vasudev
09 July 2014 at 21:50
i hav ancestral property in maharashtra.grandfather died in 1995, who has 3 sons n 4 daughters.all daughters married before 1994.my father was eldest son of grandfather.plz tell me, whether my paternal aunts hav equal share in property with my uncles in our property? grandfa had not done any will.all property is till today undevided n in possession.
umesh HALKAR
09 July 2014 at 21:31
Sir,
At present after APAR introduced in central govt/ organisation of PSU, only Executive/ officers have to write their subordinates means workers or immediate supervisors.
2) Grading of reporting subordinates workers to be given by immediate supervisors (Gr. A GRADE PAY Rs.5400) or only Executive officers.
3)IF only Executive officers should give the grading of workers then this is bypassing the immediate supervisors.IN such cases what is the meaning of 'Assumption of charge holding the post' means equal to Group A, Gr. Pay Rs.5800 Post.
Is legally wrong and such favorable cases can put cases legally. Kindly suggest.
Nikhil
09 July 2014 at 21:25
We married a year ago and due to the agony of my mother in law, my wife went back to her parents home.
After having couple of discussions with them and between relatives they disnot agree to send her back and continuously asked for RS. 5L resulting in Heart attack to my father.
Now they have filed a DV case in the court demanding 8L as marriage expense, 20K per month as maintenance and 5L as defamation. They also mentioned the charges that I used to beat my wife and my mother used to keep her starving.
I have a video recording of a day where my wife had clearly said in front of both of our parents that I never hit her or never abused her in any way.
How to deal with:
1. Quashing of charges
2. I don't want to give maintainance to her before final judgement (rather never)
3. I don't want to pay any mony for any of their such false demands.
4. How to put counter cases against her and her mother in law so that they will be atleast jailed for 3-6 months and thus an example against the legal terrorism can be set.
Please advice
umesh HALKAR
09 July 2014 at 21:11
Sir,
My friend is working in Central Govt (PSU) Employee. Under ' No family grounds he declares the change of nominee from his parents to Spi ritual trust (Regd).The organisation is having its own PF rules. The HR section is asked to give the death certificate / declaration. So he submitted the self declaration regarding his parents are not alive.But still date HR section is not accepted and no response regarding this and retain the old nominee means his mother name and is wrongly entered his old residential address as their own will and wish SINCE LAST ONE YEAR. So who is the authority to question this and legaly what he has to do.
saran kumar
09 July 2014 at 20:46
Hello,
Experts, An Appeal Suit has been withdrawn before 5 days from AP high court. Can we cancel the withdrawal. the appelent signed the withdwal affidavit with advocate long ago then informed advocate not to with draw. anyway he withdrew. No consent decree passed.
Is there any way to resume the appeal. Urgent!
MANOJ KUMAR
09 July 2014 at 20:30
i am working in A CPSU in Supervisor Cadre and at the time of joining i had signed a bond with this organization to work with them for 4 years. now i had passed ICWA and on the basis of this i had appeared for written test in another PSU in Executive cadre and for applying to this post i asked NOC from my company but they refused to give it now i have cleared the written test nd my interview is due. i belong to SC category and i again asked my company to review my application and to give me NOC as i am applying for a higher grade position, and that too in a PSU. but again they refused. so i want to know can they deny a SC/ST candidate to give NOC to appear for interview in other PSU. they are telling me that you are in bond period and we do not give NOC in bond period. I am ready to pay Bond amount if got selected but still they are refusing. kindly help me and provide me any case law if available.
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Reg application
In civil case On ground of non joinder of necessary parties I want to make application to dismiss the case I am defendant
pl mention u/o rule to make application thnks