The petitioners in a property case filed multiple cases in different courts and forums including high court but did not take it to its logical ends by abstaining or not attending the courts/forums whenever the cases were posted except for a few sessions initially. neither their advocates attended nor the petitioners were present in the court as a result every court dismissed the case for default, but no court or forum gave an ex-parte order. I would like to know if there is any time limit for the petitioners to reopen cases and if so how many years. Moreover I would like to know under which circumstances the court gives order of "dismissal for default" and also why not "ex-parte".are the circumstances not similar in both.
gopinath
14 November 2013 at 01:07
I married 5 years back and i have a 3 yrs old daughter & 1 yr old son. Ours was an arranged marriage.. My wife is an epilepsy Patient which I came to know in our first night when she had a seizure on bed. She takes pills 2 times a day. But I compromised with out any hesitation for a good family life.When she was carrying our first baby ,I went overseas for job.After one year I came back and went to another country for another job.When I returned on leave arranging family visa we together returned back to my work place.There she again got pregnant,and with a mutual understanding of getting good care ,I send her back to India.There she lived with my parents and always fought with them.So to release the mental tension I was suffering ,I requested her to go back to her parents and live peacefully,without enquiring whose fault was there in my home.She needs someone always to look after her. Also she was not comfortable in the home in which we were living.After giving birth to our younger child ,she again came back with me.At the airport she fell down with my child in her hand due to epileptic seizure.My son got injured his head.Again without complaining we started living together.But she seemed least comfortable here with me,she always wanted to go back to her parents.She always made some problems here,to tease me.Her parents always supported her in blaming me.They continuosly compelled her to came back to live with them.So again I send back her to India.Now she is saying ,she is undergoing medical treatment and she cannot even say when she can return back.I requested her to come back for atleast 1 week,so that her visa can be renewed .Then after I told her to go back to her parents and live there til our younger child is 2 yr old.Then also she is refusing to come back,and even she is not willing to say when she can be with me.She is asking rather compelling me to stay with her in her house.I told her,now it is not possible ,for atleast some years,since I am not financially sound right now.Her parents are not living a social life,which means they are not even in talking terms with their close relatives.I fear about my childrens future ,If they are staying with them.Please advise me to overcome this situation
sir the trial court granted the mandatary injunction(PLAINTIFF FAVOUR )
.article 135 limitation act says that "FOR THE ENFORCEMENT OF A DECREE GRANTING A MANDATARY INJUNCTION THE LIMITATION PERIOD IS THREE YEARS"
Q1.AFTER THREE YEARS THE DEFENDANT CAN FILE FOR FRESH INJUNCTION .
Q2.AFTER SIX YEARS PLAINTIFF CONSTRUCTING THE FENCE TO THE SHEDULE PROPERTY.AFTER SIX YEARS THE PLAINTIFF HAS THE RIGHT TO CONSTRUCT THE FENCE BY SUPPORT OF POLICE.
Q3.AT THIS STAGE DEFENDANT WHAT TO DO?
Q4.SUIT IS PENDING ON THE TRIAL COURT ONLY THE PLAINTIFF SIDE EVIDENCES ARE OVER .
THANK YOU SIR.
PRASHANT
13 November 2013 at 21:35
1) whether grampanchayat can grant construction permission and approve plan if land is N A?
2) does tow planning permission is compulsory?
Tinku Bhai
13 November 2013 at 21:20
dear all sirs
i am a muslim. due to some reason i had to 2nd marriage.this 2nd wife married me without taking divorce from her previous husband.about her previous marriage i did not know . when i came to know about her previous marriage i gave her talak out of court . she is staying in my own home forcibly.i am staying in my parents home 25 km away from that home with my first wife.she does not interesting to vacate my own house .when i ask her to vacate my own house she threats to kill me and says that she will stay in this house with her previous husband and children.
i am in heavy need to take my home back from her illegal possession because she has given me threat to kill on the way.my query is that
should i file petition to declare this marriage as void under muslim personnel law first?
or joint petition along with eviction and possession?
what is the fast processor in this regard.please oblige with valuable advice.
Tinku Bhai
13 November 2013 at 21:15
dear all sirs
i am a muslim. due to some reason i had to 2nd marriage.this 2nd wife married me without taking divorce from her previous husband.about her previous marriage i did not know . when i came to know about her previous marriage i gave her talak out of court . she is staying in my own home forcibly.i am staying in my parents home 25 km away from that home with my first wife.she does not interesting to vacate my own house .when i ask her to vacate my own house she threats to kill me and says that she will stay in this house with her previous husband and children.
i am in heavy need to take my home back from her illegal possession because she has given me threat to kill on the way.my query is that
should i file petition to declare this marriage as void under muslim personnel law first?
or joint petition along with eviction and possession?
what is the fast processor in this regard.please oblige with valuable advice.
Learned experts,
I want to know whether Legal Practitioners (Regulation and Maintenance of Standards in Profession Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010 has come into force?
If yes, what is the date of coming into force?
deepak
13 November 2013 at 20:28
Dear Sir,
I have having an Saving account Number with BANK OF BARODA and I have tried to withdraw Rs.10000 on 18-Oct- 2013 from Punjab National Bank ATM at 19:53 Hrs.
ATM machine has given me a single note of 1000 Rs. And rest amount of 9000 Rs. was not received out from the machine. I tried to check and waited for the money but ATM machine got hanged and it was showing as TEMPORARY OUT OF SERVICE. This incident is recorded in the CCTV camera installed at ATM machine Counter.
I have informed to Bank of Baroda (Complaint Number – 2013101912263659) and Punjab National Bank on 19-Oct- 2013 but no action was taken till date and I have NOT received back my Amount of Rs. 9000 in my Bank of Baroda Account Number. The amount of Rs. 9000 is NOT reversed in my Bank of Baroda account number
There are similar cases reported in this Particular PNB ATM where ATM machine doesn't dispense cash and cash gets stuck in the machine. This cash doesn't seems to go back to cash bin/bucket as well so that system can refund the amount back to customers account.
Somehow the machine is setup in a way so that Money gets stuck in the machine and this FRAUD can be done with customers coming to this ATM.
Looks PNB OR Third Party Collects this amount during refill which gets stuck in the machine and doesn't report as Excess amount and cash is not refunded to the customer.
Request you to take appropriate action in this regards and solve this issue so that my amount Rs. 9000 can be reversed in my Bank of Baroda account number.
Pls go through the below emails.
Request you interference in this matter. Thanks
A is an agent of Sahara India and worked since last 4 years. But unfortunately, seniors of Sahara India got published in local newspaper that A's agency was terminated due to dereliction of duty and entire commission amount were withheld. On demand, no officer has inclined to take proper step in releasing commission amount of Rs/- 500000=00.
Proplem is that A has no paper to prove that he has worked in that institution and has not also any paper to show that he has worked to the tune of Rs/- 500000=00.
Kindly suggest me what will be the best forum to agitate his claim.
Can he file a complaint case ?
False allegations by wife - action
I am of 43 years of age. My wife had deserted me 6 years ago. The divorce case under cruelty and desertion is going on for last 3 years. During the progress of the case my wife had made false allegations of physical and mental torture to her by me and my parents which could not be proved. I have a query ---
Can I or my parents, who are senior citizens, take any legal action on her for false allegations, causing mental agony and loss of reputation in the society? Please advise.