Guest
03 January 2009 at 21:49
A is the plaintiff and elder brother of B, the defendant. A purchased a house in the group housing society, meant for only his organisation employees, after taking housing loan from his organisation and also from thrift and credit society. His younger brother along with his family requested his elder brother to allow him to stay with him for some time. Later on, the younger brother forced the plaintiff to vacate and stay in the first floor and illegally occupied the ground floor. The defendant also was forcing the plaintiff to sell half of the property to him. When the plaintiff filed the case for possession of immovable property and mesne profits for Rs.5000/- per month from the date of suit, the defendant resisted by saying that actually, he financed the plaintiff to purchase tghe property and that is why he hasgot rights in the property. The clear title is in the name of plaintiff and he is still paying instalments to his employer for the housing loan. In the case the pleadings are complete and the evidence is yet to start. The defendant is prolonging the litigation by filing frivolous applications.
Now my question is:
Under what order and rule of C.P.C., the plaintiff can move interim application seeking interim relief of Rs.5000/- per month from the defendant, as the plaintiff is paying electricity, water, housing society and other maintenance charges. Kindly advice me and sincere advance thanks.
KANDE VENKATESH GUPTA
03 January 2009 at 21:40
Dear friends, Happy New Year-09.
I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,
kanwar Lal
03 January 2009 at 19:32
customer filed suit for permanent injunction for restraining the defendents not to repossed the vehicle forcibally and illegally. company filed section 8 application of arbitration act before the court for transfering the dispute between them to the arbitrator because there are arbitration clause in the loan agreement. court dismissed the application. can company go for revision to HIGH COURT Is it maintable.
Arihant AC
03 January 2009 at 19:05
Respected Experts,
I want to know that whether Pathalogical Laboratory are coverable under ESIC Act 1948 or not?
Please Reply soon
Regards
NAC
esther
03 January 2009 at 17:02
dear sir ,please let me know what are the rights of a girl in christian property rights. this is very urgent,after knowing the rights ,i would like to post my query.thank you.
samudra
03 January 2009 at 16:59
Dear Friends,
1)Can some kindly Explain me what is Goda datta adoption/Act(Act which is followed for Adoptions, before 78 of HA&MA 1956 enacted),i mean its TEXT etc.
2)A person/s prepares an Adoption deed in the year 1971,saying: "The adoption ceremony of the said Boy had taken place in the year 1955",now(in the year 1971) we do here by DECLARE and RATIFY the Boy is our Adopted Son. How far this action is valid in The EYE of Law?
advocate satya
03 January 2009 at 16:39
sir
in one case the accused charged under these sections has been granted interim bail to deposit the amount, if he will deposit the whole amount do the case comes to an end and if no then why
?
Apurva Kumar
03 January 2009 at 13:45
Dear Sir/Mam.
one of client wants decree of divorce in her favor as all her attempts failed to materialize with her husband.The prob is of jurisdiction which is arising as she wants to file the case from Lucknow,but her marriage solemnized at Kanpur and she is the residence of Kanpur itself her husband is also of Kanpur.Now she use to resides at Allahabad along with her husband before the or at the time of dispute,her husband now also resides there and doing contract and tender.Now according to her she has threat to her life at Kanpur so she cant go there to file the case as one of her Adv.uncle who is against her may manipulate the case and at Allahabad her plaint for the 2nd time which she filed for divorce was mismanaged and plaint could meet the desired faith,so she is reluctant to file the case at Lucknow at any cost or can i filed it at Kanpur and get it transfered from there? plzzzzz suggest me how handle this case or suggest any case law of such type please if u all can?
Yours Apurva!
deepak
03 January 2009 at 13:24
Respected Sirs,
I have done LL.B and Currently Appearing for ICSI Intermediate.
I am also working in with the Corporate (Entertainment Sector) in Legal Department.
I am interested in making my carrier as Head Legal and Company Secretary.
My job demands for Drafting, follow up the litigation in court (covering corporate, criminal and civil matters).
Therefore you are requested to suggest the Law Journal which i can read so that i can well update my self because mere book reading be it Bare Act or Act with commentary etc. are not sufficient.
Please do the needful.
Thanking you
Deepak Goswami
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amendment of plaint - collection of court fee
Dear friends, Happy New Year-09.
I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,