Ashraf Ali khan
30 January 2014 at 09:36
Respected sir/sirs, my father started a factory & procured loan from ksfc .He was given loan on personal guarantee & he did not have anything to pledge. We have not inherited anything from him. Now the case is gone against us in lower & high court stating to be recovered from his children. We are neither guarantor nor inherited anything whatsoever.. how do we defend this action & what is the solution. Please help & give your most valuable advise. Thanx
Anil yadav
30 January 2014 at 07:05
Hello sir,
Myself Anil fm Ahmedabad.
My father has two marriage after 1st wife death.
My step elder brother want my father aquire home, but the home is on my mother name. Payment slip,tax,light on my mother name.
Can my step brother get part in home without my mother permission??
Can he get legally part in that home without my mom will?
Amit Kumar
30 January 2014 at 06:46
IN THE COURT OF CIVIL JUDGE (SENIOR DIVION)
JHARSUGUDA
CIVIL SUIT NO. 51/12
1. Kompany Mahapatra, aged about 75 years,
...Plaintiffs.
-Versus-
1. Dasarath Sharma, aged About 46 year,
...Defendants.
The plaintiffs beg to state as follows:
1. That the plaintiffs and defendants both are HINDU by religion. The plaintiffs are KHADRA by caste whereas the defendants belongs to BRAHMIN by caste they are stranger to the family of the plaintiffs. That, the plaintiffs have got rayati land at Mouza- Talpatia which is recorded in khata No. 13 of the said village in the name of plaintiffs That, in the said Khata No. 13 of Mouza- Talpatia, Plot No.1617 Kisam-Bahal Sadharana area Ac.1.68 decimal and Plot No. 1902, Kisam- Bahal Sadharana, area Ac.1.21 decimals, has been recorded. The said land is the royati land of the plaintiffs. The defendants have got no right over those two plots which is described in schedule ‘A’ below of the plaint, which is the suit land and known as suit land here-in-after. Even through defendants have got no right, defendant No.1 Dasarath Sharma filled a mutation case bearing No. 3179 of 2010 in the court of Tahisildar, Jharsuguda to get the suit land mutated in his name. The plaintiffs or their ancestors never transferred the suit land to the defendants. There is no registered documents. Still the learned Tahasildar, Jharsuguda allowed the mutation and passed order to mutate the suit land in the name of all the defendants. Challenging the said order, the plaintiffs have filled appeal bearing No....... in the court of Sub-Collector, Jharsuguda which is pending for disposal.
2. That the defendants never possessed the suit land. They have got no manner of right title interest over the suit land. But as the Tahasildar, allowed the mutation in favour of all the defendants and passed order to record the suit land in their name taking advantage of it, the defendants are not trying to take forcible possession of the suit land from the plaintiffs. Last year the plaintiffs sowed paddy and harvesting the same, but this year 2012, in the month of June when the plaintiffs were preparing the suit land and making improvements of the ridges the defendant No. 1 created dispute and threatened the plaintiffs not to allow them to possess the suit land any more. On last 15.06.2012, the defendants again gave threatening that they will forcible enter to the suit land, hence the same has clouded the right title interest of the plaintiffs over the suit land. Unless the Hon’ble court passes an order of injunction the defendants may by creating a serious dispute take forcible possession of it. Hence the present suit is filed.
3. That, the cause of action of the suit arose on 12.11.2010 when the Tahasildar, Jharsuguda allowed the mutation and passed order to record the land in the name of the defendants. And further on 01.06.12 and 15.06.2012 when the defendants created dispute and openly declared to take forcible possession of the suit land from the plaintiffs. The cause of action has arisen within the jurisdiction of this court.
4. That, the suits valued at Rs. 51,000/- (Rupees fifty one thousand) only for the purpose of court fee and jurisdiction and Rs. 100/- for the purpose of injunction, on which court fee of Rs. 2994.75 paise is payable, which has been paid in the form of court fee stamp. The suit is within the pecuniary and territory jurisdiction of the court.
The plaintiffs pray for the following relief:
I. To declare right title interest of the plaintiffs over the suit land.
II. To conform the possession of the plaintiffs over the suit land. In case the court finds the plaintiffs to have been disposed from the suit land then recovery of possession be decreed and the possession of the suit land be given to the plaintiffs through court.
III. The defendants be injected by passing permanent injunction not to create any dispute in the possession of the plaintiffs over the suit land.
IV. Any other relief or relieves of the court deems proper may decreed.
Advocate for the plaintiffs. Plaintiffs.
The plaintiffs rely on the following documents:-
I. Khata No. 13 of village Talpatia.
II. Certified copy of final order passed in the mutation case No. 3179 of 2010 by Tahasildar , Jharsuguda.
III. Rent receipt.
IV. Any other document or documents relevant at the time of hearing of the suit.
Schedule ‘A’
Khata no. 13 of village Talpatia.
Plot No Kisam Area
1617 Bahal Sadharana Ac.1.68 dec.
Advocate for the plaintiffs. Plaintiffs
what is the result of the above suit ? please guide me.
ajay raj
30 January 2014 at 00:29
a person aquitted by judicial magistrate in 498a case....
1. can complintant wife file revision petition instead of appeal(372crpc) before session court?
2 i f no can u suggest some judgement on it?
Rohit Arora
30 January 2014 at 00:02
Sir , I hv bought a LED . I given the model no of ONIDA LED tv to my known from where I m buying the electronics goods all the times. The cost of Onida asked from other shop was 25000. My known shopkeeper was not a dealer of Onida but he asked me that he will arrange for the same @ less price. He took the money of 9000 and for rest he swipe my bajaj card and filled the form and taken my sign on that along with a blank cancelled cheque for ECS of EMI to bajaj finance. On delivery I found that it was a 3 D of Videocon and I approached to shop for wrong item delivery . He asked me to watch for some days I am arranging the said ONIDA LED. 2 day after I got a confirmation call of buying Philips LED finance. I again appriched to shop and he told me that this is our internal with bajaj so no worry abt that. Now after 20 days I am unable to get my selected LED. Now I come to know that the 3D whixh is sent to me is costing me 38000. By which my budget is disturbed. Now dealer is asking that he will not change as he has sent all formalities to Bajaj finance and on good faith I hv signed all papers. Kindly advise me how I can come out from this trap . If I will stop the bajaj EMI then I will become defaulter for all banks . Can i apprpach to Bajaj that wrong information is given to him. Kindly advise me how I can get my selected LED legaly.
Kavya vashist
29 January 2014 at 23:34
Dear experts kindly guide.
sequence of marital life:
Husband marries wife, takes dowry as account transfers. After 1yr during delivery wife's condition deteriorate and doctors removed her uterus.Couple got a girl child.Now husband again started demanding delivery expenses.Wife opposes and quarrel happens.Then wife had to go to paternal house for her recovery as there was no one to take care except husband.Now matrimonial house was on husband's name and he gifts it to his mother in wife's absence and knowledge.After 10months by relatives interference he calls her back n child and started living in a rented flat next to matrimonial flat.Thereafter there were regular fights wife was beaten up by husband.Wife's MIL tells ovr phone to give divorce to husband and then wife reports this to women cell then counselling happens and things subsides for one month.Husband regularly abuses wife and her family and stays late night outside for drink party for full 24 hours multiple times.Then after in a quarrel hot water accidently gets spilled on husband, late night between 9-10 pm.No witnesses of incident.Wife tried to call and contact but husband didnot contact.Husband files FIR 10days prior to incident and gives a medical certificate of 10percent burn.wife was not informed anything by police and send to lockup for 24 hours by husband and police.Her statement was not taken.Husband files section 324,504 on wife.Child was given to husband.Then next day wife gets bail and husband comes to court, gives the child to wife in court and flead away.Then after one month he files divorce in his hometown another state 2000kms away from their residing place. Chargesheet of 324case not served after 90days time.Wife came to know about chapter case with the ACP of the area when she goes to collect the RTI information for her lodged complaint with the women cell, for which the concerned police IO of 324case doesn't inform her after 7-8 notices served.Wife talks to ACP and signs the bond for the chapter case 8 for the 324case.
Query:DID SHE DID THE RIGHT THING??
Also now the rent agreement has expired and owner has asked to vacate the flat.Husband has withdrawn all monetary help.couple has 2yrs daughter. Wife wants to file RCR. And she is advised to file DV and maintenance under 2005.
IS these the correct step or kindly suggest further.
Radha
29 January 2014 at 23:25
can daughter-in-law claim father-in-law's self-owned property after his sudden demise considering will is not registered. Thanks
Vishwas
29 January 2014 at 23:05
We stay in a BDA approved layout and as per law have handed over our civic amenities to BBMP, in bangalore. Recently a bunch of people are trying to encroach the common play ground and use it for hosting functions for commercial gains. They have managed to get some support from BBMP/BDA officlas also. We want to oppose this. We came to know that a similar case had arisen in bangalore in a layout, where the court had ruled that even though the ground belonged to corporation, the local resident welfare association has an important say in its usage and can oppose such activities. Can anyone here find this case and give more details about this case. Any such legal help would be highly appreciated. Let me know if anymore information is required. Thanks!
Vishal Kumar
29 January 2014 at 22:49
Dear Experts,
I got married in Feb., 2012 and soon after three months my wife left me. After that she filed three different cases on me and my family viz. 498a & 406, DV and Crpc 125.
All these are filed at her current residence in Haryana while she stayed with me along with my family at our residence in Rajasthan.
Soon after she filed these cases my family disowned me and my wife (on the advise of a lawyer) and got the same published in the newspaper. For last one and half year I am living in Andhra Pradesh due to my job and therefore I wanted to know that can I file the divorce petition in AP as now my family has disowned me and therefore I have nothing to do in Rajasthan ?
Please advise.
Thanks
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Recovery of loan after demise of the borrower
sir my father took loan from ksfc to start a factory which underwent loss.The loan was given on his personal guarntee & we were no way involved in this.Now they are trying to recover from us even after stating in lower court we have not inherited anything from him. we lost in lower as well as in high court. Please advise us how to defend this action as we have not got anything from father or mother side. Thanks a million.