KETAN J SHAH
01 December 2013 at 20:24
Respected Sirs,
The Landlord has filed an eviction suit on the Tenant for illegal additions/alterations carried out by him. The Tenant has filed a suit against Municipal corporation in another court in which the Landlord is one of the defendant.
Now 2 suits are running concerntly against the tenant and inspite of this the Tenant has started to do some repair works like carpentary,Colour and that too without the permission of Landlord or court
Can he do this. Please advice
Thanking you in advance.
dharmendra Singh
01 December 2013 at 19:50
I like to repeat the matter/facts of my previous query (http://www.lawyersclubindia.com/experts/Refund-of-money-paid-in-advance-for-sale-agreement-437396.asp) for opinion on other points related to the issue. So please don’t leave it as repeated query.
The matter is –
“I paid Rs. 3 lakhs in advance by bearer cheque to my neighbor for purchase his house. The agreement was oral not in written. After 3 months he refused to sale his house and assured refund the money within 6 months but in two years he returned only 90 thousands. The description of advance and refunded money is written on a plain paper signed by both. Now he file a civil suit (easementary right) regarding construction of my own house and saying that until I do not remove the construction and stop the the further construction he will not refund due amount.”
In this matter, I want to go through both civil (money recovery suit) and criminal (FIR etc.) proceedings simultaneously.
Regarding this my questions are –
1- In case, findings of criminal court and/or in influence of my neighbor (opponent/accused) report of police investigation goes against / unfavorable to my case. Then, can it affect my case in civil (money recovery suit) proceeding?
2- In this matter, criminal findings would supersede on civil case or not ?
3- Which proceeding is better to start first criminal or civil?
4- Last installment of refund was made on 7/12/2011 by my neighbor to me and rest or next installment was due in April 2012, but on 01/05/2012 he refused to refund the rest amount. In this situation, which date would be count for limitation period 3 years (as of my knowledge, for civil/money recovery suit).
5- Is there any other/different limitation period for criminal proceeding relevant to this matter?
M Ramesh
01 December 2013 at 19:43
My client has only a xerox copy of a particular document, which he wants to rely on, in the Writ Petition. The Advocate needs to certify each annexure as `True Copy' while filing the Writ Petition.
Can the Advocate certify as `true copy' relying on the xerox copy.
What does the `true copy' exactly mean? Is it that the annexure is a true copy of the document, which the petitioner is in possession? or that it is the true copy of the original? Please clarify.
ab
01 December 2013 at 18:18
Respect all,
I am accused in false 354 by neighbours with objective of taking illegal expansion of house over our house.
Can i ask high court to transfer the case to fast track court on grounds that many cases of similiar sections are in fast track court like mumbai gang rape and bapu case etc. court of law is equal for all.
What are the chances that it might be transferred?
The victim husband is an mla affliated person and having strong political support and troubling us on daily basis. When we resist them they falsely complain in police that we are threatening them to take the case back. Court has also given them protection via police. God is also not helping me. Please help.
prakash vka
01 December 2013 at 18:11
Sir
I had filed a complainant under under 138 of NIA ACT 1881. on 22/9/2011At the time of chief examination the advocate for the Accused deposited the cheque and also pleaded guilt on 30/11/2013. This happen after about the case being posted for more than 30 times The accused was left free without awarding any punishment . Can any advocate tell is this right .what can I do against this this has happen at Majistrate court ottapalam in kerala state
Sundeep Gavaskar
01 December 2013 at 17:47
Our building is being redeveloped under 33(7) of 13 flats. We 13 flats had given consent for redevelopment, I have also given consent. I have not vacated the premises as my agreement is not made by the developer and I am in possession of existing premises. My legal suit is pending in the court against the developer for not disturbing my possession of premises and MBR&RB (MHADA) as party to it. Developer has not entered into agreement with me for PAA. Developer does not have approved plan from MCGM for allotted area agreed by him to be allotted to me in the new developed building as per present DCR and developer's letter to me about the same. Developer has done partial demolition work in the building and created a inhabitable situation and now has approached MBR&RB (MHADA)and initiated eviction procedure against me. MBR&RB (MHADA) has send me a show cause notice for eviction proceeding against me as non-co-operative tenant.
Can MBR&RB (MHADA) evict me ?
What measures should I take in the matter ? kindly advise .
GANGAM.RAJENDER.
01 December 2013 at 16:38
DEAR EXPERTS,
husband and wife are not living together since two years. the wife has filed a divorce petition since 5 months back but the husband not interested to give his consent to divorce.before the hon'ble judge the husband deposed that i am not interested to give divorce to my wife but he is very cruel in nature.still i am not filed the 498 A case ,
Q1.after two and half years can i have a right to file 498A case.
Q2.SHO rejecting my complaint as you approached the court for divorce so you have no right to file a case
Q3.PRESENT WHAT STEPS DO I HAVE TO BE TAKEN
PLS SUGGEST ME SIR.
thank you sir.
rajan chopra
01 December 2013 at 16:16
A recovery suit on basis of money borrowing agreement witnessed by two witnesses was filed.During trial both witnesses had left for an unknown place.Is there any impact of absence of witnesses on trial?
aman
01 December 2013 at 15:57
Dear experts,
we are two brothers,my father has self earned property as well as ancestral property..in 2005 my father disownd my elder brother and his wife from his self earnd property and he also made a registrd will in which my father registrd my name as his nominee and also mentiond that my eldr brother and his wife or any1 relatd to him would not hav any share in his self earnd property..
my query is when my brother's child will be in adult age can he claim his share in said property ..? if yes what should we do to avoid that situation..
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Tenant carrying out some repair works inspite of he being into litigation
Respected Sirs,
The Landlord has filed an eviction suit on the Tenant for illegal additions/alterations carried out by him. The Tenant has filed a suit against Municipal corporation in another court in which the Landlord is one of the defendant.
Now 2 suits are running concerntly against the tenant and inspite of this the Tenant has started to do some repair works like carpentary,Colour and that too without the permission of Landlord or court
Can he do this. Please advice
Thanking you in advance.