Government providing transfers who are willing can apply. But now i am in maternity leave can i apply for transfer during maternity period.
Can the terms & conditions of a registered rent agreement be modified orally or is it necessary to get the "modified deed" registered too?
Is there any strict time limit for filing of rejoinder to reply filed by defendant as per provisions of CPC?
can an application u/s 340 r/w S. 195 Cr.P.C. be filed at the preliminary stage itself on the basis of "copy of forged documents" filed by defendant alongwith signed affidavit supporting the copy of forged document?
During live in relation ( five years ) with my partner, on good faith I have lent him money on verbal promise to return. With the money he has purchased a property in his name at very good location for business purpose, so that he make money double within few years.
I have filed a money suit in competent court against him since refused to return my money & repeatedly try to ousting me from possession by force with muscle power.
Is live in relation for five years can we treat as spouse ? I have heated Supreme Court had considered long time live in partners as married.
I have heard as per Benami Property Act spouce is never been considered as benamider.
Can I file declaration suit for the property in my procession considering our relationship as spouse ??
I am helpless lady, please advise.
In a civil suit filed for recovery of rent for a commercial property the tenant in his reply has averred that he has done printing work for around Rs. 80,000/- for landlord's friend, on the promise made by the landlord that he will be making the payments for the same and the tenant has even filed a copy of the forged Tax invoice with the purchaser's name and with landlord's name in brackets ( ). It is a totally forged and fabricated document and he has filed a copy of it and has been marked exhibit in a casual manner by his lawyer in his reply along with list of documents filed, with tenant's affidavit in support thereof. The suit is at initial stage itself and the rejoinder is yet to be filed by me. My query is can i file an application u/s 340 r/w S. 195 Cr.P.C. at this stage itself alongwith my rejoinder or can such an application be filed only upon the filing of the original at the time of leading evidence? Because that might take long and my client is landlord who is already very troubled by this tenant who is now indirectly asking from landlord for lakhs for vacating the premises. Many thanks in advance to the legal experts dealing with matters in these areas because such unscrupulous tenants trying to mislead the court by filing of forged documents (though only copies presently) must be dealt with at the soonest and waiting for the evidence stage would be defeating the very objective of law. Insights with how should i play it out will be highly appreciated.
Regards
Ashesh Singh
As per the terms & conditions of the registered rent agreement the commercial property was given for a period of 9 years with clause of increase in rent @7.5% after completion of every 3rd year. The tenant started being irregular in making rent payments & used to pay as per his will, sometimes after a gap of 3 months and sometimes even more and that too for that particular month only for which in the fourth year for two months he has even paid the revised rent. just after a few months and then and the suit for eviction was filed on the grounds of default & recovery of rent (increased rent too). Now my query is two-fold:
1. As the tenant was irregular in rent payments and when he used to pay then also the rent amount paid was for that particular month only, now if the tenant pays for the first two months and then in the seventh month he deposits monthly rent amount for that month only then is the landlord entitled to adjust the amount so paid towards arrears of rent? and if yes, then if he pays the revised monthly rent amount in the same irregular manner in the 3rd & 5th months then can the amount be adjusted in the same manner and the cause of action with respect to default in payment for 4 consecutive months be said to have arisen in the sixth month?
2. Upon filing of suit before the rent tribunal the tenant in his reply contends that due to covid period it was "orally" agreed that the rent will not be increased and will be the same as per the first 3 years, though as i referred earlier that tenant in the fourth year has even paid the revised rent twice. Can such a modification in a registered rent agreement be made 'orally' only or a 'modification deed' is also required to be registered for the same.
I am appearing on behalf of the Landlord & fairly new practitioner. So, any and as much guidance and insights from most esteemed legal experts in the area will be of great help and much appreciated. If any other things expert would like me to be careful about or check for that i might not have asked in my specific queries but by the context of these, they might find very relevant then i kindly oblige me by letting know of them.
Regards
Ashesh Singh
is the high court justified is setting aside the session court's order?
My father bought land on my MOM name. At that time MOM signature is not required only seller signature is required and my father took/purchased land in 1968. My father took Patta on my MOM name long back. Patta was on my MOM name till end of 2022. We had paid revenue department tax till 2022, Now in 2023, patta is showing another person name. ON verifying EC it was found someone put my MOM sign and registered in 1971.
I heard based on new law in the TN, we can file this in IG of REgistration. Anyone know, how to file the case with REgistration department.
Kannan
Do stpi unit have to reverse any custom duty on dta sale
I would like to know whether any Custom duty is to be reversed by STPI units for sale of software in DTA sale as EOU units have the liability of reversal of customs duty on duty free inputs used in the manufacture of products sold in local market.
As STPI units do not import any goods for manufacture of software are they still liable to reverse any part of Custom Duty on DTA sale ?