Balaji Bakthavathsal
28 April 2017 at 23:22
In a civil suit, an appeal was filed against the ex-parte decree of the lower court in the sub-court by one of the unscrupulous respondent, just to prolong the litigation with the intention of grabbing money from the genuine party. The appeal which was taken up the sub-court on 24-02-2016 is still getting adjourned by the sub-court though several calls were made for the appellant side argument and the cousel of the appellant fails to turn up the court. The questions are :
1) Is there any limit set in our legal system for adjourning an appeal suit ?
2) Does n’t amount to denial of justice to the genuine litigants ?
3) Can we represent the callous attitude of the sub-judge for simply adjourning the appeal without any valid reason ?
I shall be very grateful if the learned advocates clarify me on this.
Thanks & Regards
Balaji
C.J.Sriram
28 April 2017 at 22:56
1. In a Joint Development Agreement, the Land Owner(A) is paid money for registering the UDS and do not have any rights to any of the flats constructed by Builder(B).
2. The Builder is spending the construction amount and has FULL rights to himself for all the flats therein as per the terms of the JDA.
3. The Project is in state of TamilNadu where, registration of the construction agreement is compulsory with Sub registrar.
4. The Sale Deed with UDS is registered by "A" the land owner for all flats except 4 flats.
5. The construction agreement is registered by "B" as the Builder favouring all the Purchasers, except for 4 flats remaining unsold.
6.In the end, 4 flats remain unsold in the above manner and the BUILDER-(B) receives construction cost from Land owner (A) and hands over possession of the 4 flats to A. BUT the construction agreement is not Registered with SUb registrar, which is mandatory in TN.
7. Query:
(i) Does (A) the land owner gets legal title for the 4 flats,when the Construction agreement is not Registered?
(ii) when the JDA specifically mention that ALL THE FLATS BELONG TO THE BUILDER, can he pass the legal title without registration by mere handing over of the possession.
(iii) CAN the Landowner get full legal title to the FLAT, without having a valid registered Construction agreement in his favour.
(iv) MOST IMPORTANT. THE LAND OWNER IS A REGISTERED COMPANY-(A) AND THE BUILDER IS ALSO A REGISTERED COMPANY (B) having separate legal entity and identity. But They have common Managing Director. So, is passing the unsold flats to company A correct in Law?
sourabh
28 April 2017 at 22:52
Dear Sir
My wife has filed 4981 against me & my other 4 family members( parents, elder brother & bhabhi)
We got bail in 1st day in court
Can we go for 498a quash in high court .
History : i already filed divorce section 13 to my wife earlier & tehn after mediation & othe rcounselling & looking at my 4 years son, we compromised in court in written dictating some terms, the same copy was submiited against my case & case was closed
after this my wife stayed with me for 4 months, came back to her native & again after 4 months she filed 498a by some approached,as we did nothing wrong, police directly submitted papers in court & 1st day itself within 15 min we got bail
So can we go for 498a quash as we have enough evidence
sourabh
28 April 2017 at 22:32
Dear Sir
2 months back my wife has filed 498a against my complete family, filed CRPC 125 & Domestic violence
I want to know her bank statement, Propert assets & Income tax return as understood she was some sleeping Director in some companyy but was staying with me & also her CA was continuoisly filing her income tax
also she attached some bank statement in her complaint as her father transferred some money from her account to me intentionally, but when i saw the statement, there was continuos deposit of approx 20k every month,my wife never opertaed her account, everything done by her father
So i want to know the details
also her father has enormous property, i want to complain in income tax, what is the procedure
SRIPRAKASH BHATTACHARYA
28 April 2017 at 22:00
Whether as per WBCS Act 2006 and WBCS Rules 2011 the Joint Member ( 2nd Member ) can contest to the Board of Directors of a Cooperative Housing Society in the state of West Bengal or not.
After going through the contents of the WBCS Act and WBCS Rules both and further considering various legal impacts I feel the answer should be NO. But the Cooperation Department and Cooperation Directorate both has said YES.
The books are clear in this regard but not the Deptt and Directorate. The authorities are blind on this.
Request for kind clarifications
Siva
28 April 2017 at 21:53
Sir we buyed a agriculture land from sc candiates since15 years back how to change that as legal is it possible or not.
Siva
28 April 2017 at 21:48
Sir here some people doing bussiness and selling temple lands .the temple is not registered in organisation .how to save temple land please give me advise
Yogesh Villas Goswami
28 April 2017 at 21:06
Hello sir, I am Yogesh Goswami. After demise of my father my mother filled civil suit in ambajogais court to get legal heirship certificate in my uncle Dasrao Goswami put objection on our relation according to my uncle his brother Vilas Goswami was unmarried (Vilas Goswami is my father) (civil suit no 0700070/2000) my mother gave all evidence to her lawyer like marriage certificate, marriage photographs but due to our lawyer's mistake (he didn't submit evidence in court cause of that court rejected our heirship certificate in this case I was minor child & second applicant. After the judgement my mother filled civil appeal against that judgement civil appeal no. 69/2009.in this case our lawyer apply to adduce additional evidence in the court but our lawyer didn't mentioned specific reason for adduce additional evidence so that court rejected this application. This civil appeal is pending in district session court ambajogai. I want to ask that, when my mother filled civil suit I was minor son under gardenership of my mother. Can I file new civil suit to get heirship certificate? From the court of ambajogai (district beed).
Shubham Sureka
28 April 2017 at 20:30
Sir want to know that whether a money lending license in uttar pradesh in name of husband can be transfer to his wife in the case of death of husband?N pls tell wat his legal heir to do in further business of money lending and wat are the responsibility n liabilities of the past business in the husband license to the legal heirs
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Credit card default case
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