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pawan   12 May 2017 at 15:17

Suit simplicitor for injunction in 53 tp act without specific performemence

1) buyer filed a suit for under 53a TP Act with prayer for /temporory & Perpetual injuction. Court grants Temp Injuction.Seller Builder attended courts through advocate but not filed any reply & Proceeded Ex-Parte. and Ex parte evidnce was collected and after argument order reserved and court asked for clarificationsi Brief Summary a) Notory attested Agreement with posseseion witnessed by advocates done in 1999 after full and final payment. b) Cash Recipt on Revenue stamp was Given by seller. c) Seller on same day registred a WILL as Well As regsitred Power of Attorney in . Buyer told him to do registred sale deed after few days seller says few Govt permissions are need and assured will do later.Builder seller further collected extra money for permissions by Cheque and assured will adjust in STAMP purchase.But never came forward to execute sale deed . But after 15/16 years started thretening and even saying that he will disposes the buyer and may sell the space to some powerfull muscleman .Builder cancelled registred will WILL and POA in year 2016 though they were done after taking full money and even more in name of stamp duty & permissions. Buyer and seller(Builder) were close relatives so his assurances were belived.Buyer continued in possession till date and since 1999 have eelectricty , water metre , House tax in his name. Note : On above facts court asked verbally buyer why case for specific perfromence is not filed along with relief under 53a for injunction and wants specific ruling on maintenability of EX Parte Suits.
Your Exper advice will be Highly appreciated

Read more at: http://www.lawyersclubindia.com/forum/Suit-for-injunction-53a-without-specific-performence-149725.asp

Rabin John   11 May 2017 at 18:05

Legalities concerning overseas educational consultancy

Hi Sir/Ma'am, I have started an Educational consultancy in india. Currently, our office is situated in Kerala. We have tie ups with a few universities in the Philippines (our current destination country for student recruitment). Please advise me on any and all legal papers to be obtained for the operation of an overseas educational consultancy. Currently, we have a business permit under which we have opened the office.

Thanking You,
Rabin John

Sadanand B. Panchal   11 May 2017 at 16:24

What are rules for restoration of notice of motion.

Respected Experts,
There is Suit X of 2016 instituted by Housing Cooperative Society against Mumbai Municipal Corporation before the City Civil Court praying for restraining Notice U/s. 53 (1) of MRTP Act issued for illegal construction of building. Suit filed falsely pleading that said Society is owner of entire plot where I am residing at same plot being one of co-owner of the plot. In Suit said Society taken out Notice of Motion praying for ad-interim injunction in terms of prayers in Suit. It was surprised that said draft Notice of Motion was filed before Hon'ble Court on 17.11.2016 in morning session- the first Hon'ble judge of Hon'ble Court granted leave to register same- on same day at afternoon session the registered Notice of Motion was tendered and the Hon'ble Court made absolute the Notice of Motion recording that Advocate for MMC was not pressed the matter nor filed any Reply. I came to the knowledge of fact that the Society filed said Suit without adding me party despite my Suit Y of 2011 pending before same Court against the Society and MMC Defendants Nos. 1 and 2. The first Hon'ble Judge was vacated post and second Hon'ble Judge presided in same Court. Therefore on 01.02.2017, I took out Chamber Summons for adding me party in said Suit X of 2016 and the Hon'ble Court granted leave to register Chamber Summons. I stated in Affidavit that the Notice of Motion was made absolute in Roznama without any oral Order and in single day. On 07.01.2017 on my request the Shirastedaar of Court returned draft Chamber Summons to me for registration.
It was surprising that without notice to me on 23.02.2017 the Advocates for Defendant MMC taken on Board the disposed off Notice of Motion and filed simple Application Ex-5 without affirmation and prayed for restoration. The Hon'ble Court passed Order restoring the Notice of Motion and recording that “However ad-interim reliefs will operate till disposal of Suit”. It was further surprising that again the suit is kept in morning session for Writ of Summons on 23.03.2017. I remained present before Hon'ble Court in afternoon session for my Chamber Summons, Plaintiff in morning session already taken adjournment on 31.08.2017 and gone away.
My query is
(1) that in pendency of Chamber Summons for adding party parties of suit, can Defendant file any application for restoration of disposed of Notice of Motion?
(2) Once Notice of Motion disposed off, can same Court have power to restore it without any Notice of Motion for restoration?
(3) After laps of three months from date of disposal of Notice of Motion, can court allow application for restoration without any Delay of condonation Application?
I am appearing in Hon'ble Court for the above matter as party in person. Kindly resolve my Queries.
Thanks.

PREET SRIVASTAVA   11 May 2017 at 11:28

Mutual fund redemption

I understand that the rule for redemption of the equity fund is T+3 days. Thus, if I have redeemed on monday, the money should come into my bank account by thursday morning. Of course, there are no bank/market holidays on any of the 4 days (Monday-Thursday). Am I right?

ramamohanrao   11 May 2017 at 09:37

Stoppage of services willfully

i am a member of a regd club cooperative societies act.the facilities of the usage of canteen and others were stopped abruptly without any notice.i hd never been in the defaulters list during all the years.the services were stopped presumably that i had seconded another members 3 years back who failed to pay their subscriptions which was never brought to my notice.the amounts were added to my latest bill.by this action of the management of the club i had suffered insult and loss of prestige among other members and staff of the club. i had allready wrote a letter about 40 days back for which no reply was recieved. i had also sent a lawyers notice on 2nd may for an action to be taken within a week.since i have not recieved any response to my communications can i proceed for criminal defamation against the elected members individually and severally? if so under what sections? thanking for a detailed cosidered opinions of the fraternity.
b.ramamohanrao

KondalRao Balaprasunamba   10 May 2017 at 07:10

According to N. T. R rule

Father of my grandfather has some property. My grandfather has 2 daughters and 5 sons in which one daughter was elder then all and the other daughter is younger then all. First daughter got married before N.T.R rule came and last got married after 3 months N. T. R rule came. Do they get property share?

ESHWAR KUMAR GARENI   07 May 2017 at 07:53

Correction in 10th certificate

Sir there is a letter correction in my ser name and I've completed my 10th in 2005. I've reached out to Telangana state SSC board and they rejected saying they can't do corrections of it is more than 3 years. I don't understand the reason behind it and can some one can please help me here? It's important due to this I'm about loose my OPT in US.

Satishkumar   04 May 2017 at 13:10

Format for MCOP (Hit& Run)

Good morning. What is the format for filing Motor Claims Original Petition when vehicle is unknown

Dinesh Kumar Lodha   03 May 2017 at 12:47

Landlord/tenant--fair rent

One Shop Room of about 100 Sq.ft. of my building at the main road of B.K.Paul Avenue,Kolkata-5 is let out to one person for more than 20 years ago @Rs.70/- p.m.He refused to increase Rent.I did not accept rent & he started to deposit the same in Rent Controller. What is the Fair Rent as per rules which I can ask from him? Where & What is the legal action I can take against him if he refuses to increase the Rent & how much time it will take to get the decision in my favor.

Surendra Gutgutia   30 April 2017 at 06:52

Limit of cash amount which can be received on cash sale

Dear Sir
There is a lot of confusion on account of cash amount which can be received on account of any cash sale. Some saying it is two lakh in a single day from a single buyer.

Please clarify