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Anonymous   29 August 2018 at 22:06

2 cases want suggestion.

Dear Advocates,

We are handling our own cases, me and my sister.


In my sisters case the husband who is OP never appeared. My sister has a girl child 8 years. and is not working right now. but is educated and unable to find a job for herself as she has a kid whom she has to manage. We had given permanent alimon petition. Which got dismissed. But we had also given interim alimony applictoin to get alimony in the interim meanwhile till main case gets decided.

We had filed alimony petition for wife and child (permanent) and along with that we had filed a interim applicatoin citing change in circumstances asking court to award interim relief from the opposite party who were declared exparte already by the court due to non appearance of the opposite party.



Now the alimony petitoin has been dismissed citing so and so reasons. In the order sheet there is no mention of the interim application which was submitted to the court. The Interim applicatoin was "rejected" without giving any reasons whatsoever. There is no mention of this interim application in the order sheet at all where we had asked interim relief for my sister and her child. We were following up the case on NIC website and the proceedings were mentioned as:- Hearing on IA, Hearing on IA. Orders on IA. but now the judge has dismissed the main petition seeking alimony and has gotten deleted the details which were entered onto the court website.

The judge when he told that the interim application has been rejected, he did not give the interim application back to us. Can a judge get such details of a IA petitoin filed deleted from the court website? In this case we have written letter to discrict magistrate/first class magistrate?

No reply from him. Now what to do? How to prove that we had given IA? The judge is not giving even certified copies of the I.A appliicatoin that we gave.
We gave copy application in office, no copies were given. We asked through RTI. we got reply that our requisition has been rejected.

To top this party names have been typed wrongly and address also typed wrongly.

________________________________________________

In the cooker, bike, fan case, the OPs never appeared at all. And I had given IA seeking interim relief citing change in circumstances to give hospital bills for grandma treatment, bike is not taken for repair and is lying in shed, fan which got burnt due to which wires of house got burnt and we had to spend money on refixing wiring. This IA also got dismissed. In both the orders sheet the party names have been typed wrongly for which we gave a separate application asking the Registrar to change the names. But in both the cases the requisition letter got rejected as per RTI reply given by respective registrars . Now how to proceed ahead? I have given complaint to registrar and above advocate has told that registrar cannot take action against the president. But the first class magistrate can take action against the judge and president? Shall I approach High Court with writ petition of mandamus? I am handling the case on my own without lawyers help. As we cannot afford one. So I request you to kindly help.





Anonymous   29 August 2018 at 09:03

Conveyance

Our society does not have a conveyance deed and Occupation Certificate,
1. Would like to know if both are independent of each other or OC is compulsary before making an application or Conveyance deed.
2. Where does the society apply for Conveyance deed
3. Our land is on 999 years lease, with a CHS formed by a group of members. However our owner has now expired, can we obtain deemed conveyance

Chiranjeeb   28 August 2018 at 22:59

Cancellation of sale agreement

My friend has done a registered sale agreement with a builder for purchase of a flat, now due to financial reasons he is unable to make further payments.
Now i want to purchase the flat, my queries are

1. how much time will it take to cancel his agreement.
2. Is it possible to cancel his agreement and do a new registered agreement in my name in 1 day.

Kalicharan Bisht   28 August 2018 at 09:14

Enhanced edc and interest

Dear fraternity,

Wanted your suggestion on to the demand for enhanced EDC and interest by Ansal Royal Heritage on which there has been a stay order by high court since 2013. The builder doesn’t want to give possession unless it’s paid and is willing to give penalty on delayed possession only when the enhanced EDC is paid. Appreciate your suggestion on the right course of action.

Thanks,
Kalicharan Bisht

Anonymous   28 August 2018 at 01:20

Awarded money not received

IN MY CASE CONSUMER COURT STATE COMMISSION HARYANA AWARDED REFUND OF ALL MONEY FROM THE ACTUAL DATE OF DEPOSIT WITH 12% INTEREST ON 01/04/18..
BUT TILL DATE ANSAL LANDMARK NOT REFUND ANY AMOUNT.
KINDLY GUIDE WHAT TO DO NEXT FOR GET MY MONEY BACK.

Ajit Kumar   27 August 2018 at 17:42

My property under my mother name

We are 4 brothers with no sisters, 2 elder to me and one younger to me. Our house is in my mothers name, which consists of 3 floors in bangalore, ground floor occupied by parents and my unmarried/unemployed second brother, first floor is occupied by my 4th brother and second floor is occupied by my eldest brother. and the 3rd floor is rented out (Small house which is only one room) I was out of country for work from past 10 years, during this time my brothers occupied each floor and they have made modifications with out telling me and they say they have took their share.

Earlier I was the only earning member where i took bank loans which was used for the property, i have very little evidence being paid to my father, Also during my tenure abroad with my savings i paid for purchase of land, but was paid from my bank account. Since i live abroad i asked my mother to get it registered under her name.

Unfortunately i i lost job and had to return back to India, i stayed for 2 moths then my mother asked me to leave the house and she is refusing to give my land or any share from her property, i am not sure if she has made a will. She has been supporting my brothers than me.

If she has made a will, how can i file a case for property and my land which is under my mothers name.

Anonymous   27 August 2018 at 17:05

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a case has been filed against my relative as a floater of chit fund
the Gist of the case is
the persons relative was running a VC in dhulia and was absconding since 2015 since he had to pay 6 lacs. he is not convited and in jail since june 20, 2018

a FIR has been lodged against my relative who is innocent and resides in mumbai never visited that place

we have filed anticipatory bail for the relative in sessions court dhulia which was rejected. what should be the next move? since he is innocent

dheepak srinivasa   26 August 2018 at 02:22

Reject the plaint under article 227 in madras high court

I am filing an petition for Rejecting the plaint under article 227, I have only the plaint copy of the opposite party but section officer is insisting on a certified plaint copy, can I file with a dispense petition for not filing a certified plaint copy... is there any precedence for this / Judgement... pl let me know.

Regards
Srinivasa

Member (Account Deleted)   25 August 2018 at 20:13

Cr p c 340

I have two queries

1) In CR P C 340 application whether judge can dispose application with only finding ?

2) Cr P C 340 should be disposed first and then any application etc. but if this sequence is not followed what will be legal consequence ?

Nitesh Sharma   25 August 2018 at 17:08

Non payment of Incentive

Dear Sir,
I was working as DSE for a distributor for last 24 months but last month the distributor abuses me & asked me to leave the job even i was agree to quit the job & when i asked for my salary of 1 month & incentive for last 24 month he abused me & refuse to give my incentive of last 24 months before that when ever i asked for incentive he delayed me to give but now when i am ready to leave the job he refuse my incentive. Sir pls help me to get my iincrntiv
Thanking you
Nitesh Sharma