12 September 2019 at 13:40

Kept for order u/s 38 specific relief act

Hi,
A suit was filed to restrain the Defendants u/s 38 Specific Relief Act in a district court in June 2018 in respect to a land in Maharashtra. The Plaintiff's claim was based on a Muslim Gift-Deed from a husband (now deceased) to his wife. The Defendants (legal heirs) filed Counter Claim, all the contentions were false. The Plaintiff filed reply/ Written Statement. Further, the matter was kept for Arguments on Exhibits. The Plaintiff submitted the Exhibits. The Defendants did not submit their Exhibits.After a span of 15 months, the matter was heard on 11.09.2019. The Advocate of the Plaintiff argued but not upto the mark.in other words some points were skipped/ignored/incomplete/haywire although all the exhibits on which the Plaintiff relies are on the Courts record alongwith WS. The Plaintiff fails to understand what went wrong with the Advocate..The Magistrate has asked for ORIG. Gift-Deed and kept the matter for order on 30.09.2019.

Is there any way to fill the lacuna/gap created by the Advocate at the time of Arguments, before the Order?
As the argument was not upto the mark, will the Magistrate consider/refer to the WS?
As the Magistrate has asked to submit ORIG. Gift-Deed, should the Plaintiff submit it with a precipe before the Magistrate?
Will the ORIG. Gift-Deed be returned, as this is the only document on which the Plaintiff relies upon? How to safe-guard the same, plaintiff is skeptical?
What if the judgement goes in favor of the Defendants although the Plaintiff's case has all the merits? Can it be challenged in Aurangabad High Court?
Does Aurangabad High Court requires English Translation?

Your advice will definitely be very highly appreciated.

Mohammed R. Shaikh


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Anonymous
31 August 2019 at 03:36

Specific relief act

वादी ने विनिर्दिष्ट अनुतोष अधिनियम की धारा 6 के तहत कब्जा प्राप्ति का वाद प्रस्तुत किया और विकल्प में भी स्वत्व के आधार पर कब्जा प्राप्ति का अनुतोष माँगा, विचारण में वादी ने अपने बयानो में बेदखली की दिनाँक वाद पत्र में अभिलिखित बेदखली की दिनाँक से भिन्न बताई, विचारण न्यायालय ने वादी का धारा 6 का वाद तो मियाद बहार मानकर खारिज कर दिया परन्तु वादी के पक्ष में वैकल्पिक अनुतोष के लिये कब्जा प्राप्ति की डिक्री जारी कर दी । (मैं प्रतिवादी हुँ )
निम्न बिन्दुऔं पर citation नहीं मिल रही है�
(1) धारा 5 व धारा 6 अलग अलग उपचार प्रदान करती है इसलियें दोनो धाराऔं को एक ही वाद में संयॊंजित नहीं किया जा सकता है ।
(2) न्यायालय अभिवचनों से भिन्न, बयान में बताई गई बेदखली की दिनाँक को cause of action नहीं मान सकता है ।
(3) धारा 6 व 5 के तहत संयुक्त रूप से दायर किये गये किसी वाद में यदि वादी धारा 6 के वाद में असफल हाे जाये ताे उसके पक्ष में धारा 5 के तहत स्वत्व के आधार पर भी काेई डिक्री पारित नहीं की जा सकती है और यदि उक्त प्रकार की काेई डिक्री पारित की गई है ताे वाे सही नहीं है।


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13 August 2019 at 16:11

Re joinder

Hi sir I'm the plaintiff in the partition suit..the Defendant No-2 amended his written statement stating that the plaintiff deliberately not included the property the defendant no-1 bearing no .11 ,.3 guntas land.now court ordered re joinder is taken as nil matter posted for plaintiff evidence....now question is who has to file joinder whether plaintiff or Defendant No-1(co-defendant) under which provision of cpc


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I purchased a property through auction from DEBT RECOVERY TRIBUNAL - 1 (DRT, Kolkata) via a SALE CERTIFICATE which was issued by the Recovery officer. I want to sell this property now to a private buyer. But all the buyers want to see other papers and are not satisfied by just a sale certificate. My question is:-

1) Does such a property require to be registered in the Registrar office?
2) How to initiate sale of such a property to a private buyer?
3) My name isn't there in the local municipality. The Municipality Enrolment number is in name of the company who made the building. So how to get my name changed in the local municipality i.e how to get it mutated on the behalf of a sale certificate?

Regards

Atulit


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29 July 2019 at 03:54

Looking for case detail

Hi ,

I found the following query on lawyers club site. regarding rent act. I am looking for case detail for following case in which judgment was in landlord favor.

http://www.lawyersclubindia.com/experts/Bombay-rent-control-act-1947-in-gujarat-281006.asp


Thanks,
dilip


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19 July 2019 at 00:07

Rowdy advocate

The Opposite party vakeel (advocate) has tried all methods to delay orders in appeal filed in National Consumer Commission, New Delhi.

Fed up of attending hearings without any proceedings taking place at all for paast 1 year.

The other day at the hearing the OP advocate hurled abuses to me a lady of 70 years. He screamed atop his voice hey oi hui etc. The president and other judicial member also did hey hoi etc, all the other advocates did the same.

It was a unrul behaviour by OP advocate and Unruly scene. The Judges wont pass orders, they simply keep giving new dates.

The lower court and lower commission have given ruling in my favor.

I am shi t scared to attend hearing next time.

What to be done in this case.

I am representing my own case so far.


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I entered into an oral agreement to buy a property. I got the sale deed prepared on a rs.5000/- stamp paper and obtained circle rate valuation and prepared stamp duty drafts payable to registrar towards deficit stamp duty. Seller executed the sale deed at his home and asked me to go to registrar office where he would visit at a later time to complete the registration formalities. But later he didn't turn up at registrar office at all and further refused to get the sale deed registered and handover possession.
I as adviced by my lawyer filed a suit for specific performance praying for execution , registration of deed and handover of physical possession or alternatively appoint a court officer to get the executed deed registered and handover possession. Now at the time of submitting evidence seller's lawyer has raised objection citing sec 35 of stamp duty act that the sale deed is understamped and should not be allowed till it is impounded and due penalty is paid.
I have prayed before court that I had got the demand drafts made for deficit stamp duty before the day of execution of sale deed in order to comply with section 3 of stamp duty act, but as the seller refused to co-operate I couldn't deposit the same. I have also submitted to court, along with certificate from bank issuing the demand drafts towards deficit stamp duty, that I kept the draft validated for almost 2.5 years even after filing the instant suit but as there is law under which i could have deposited it with the court as it is to be submitted with the registrar. As there was no certainty about date of registration i got the same cancelled after 2.5 years of filing the instant suit. Further more, I have made submission that if the deed is impounded and I pay the penalty, and at a later stage if the suit is decreed in my favour the seller will have to execute a fresh deed and stamp duty will have to be paid on it, then this will lead to multiplicity of proceedings.
1). Complied with section 3, where stamp duty has to be purchased on or before execution, and I purchased before execution, but deed couldn't be presented for registration.
2). The deficit stamp duty demand draft couldn't be deposited with registrar as seller didn't co-operate and there is no law under which it can be deposited with court.
3). If suit is decreed in my favour and seller executes fresh deed, what will happen with the stamp duty and penalty which I pay on impounding now.

Only if court officer gets the already executed deed registered then the payment of stamp duty with penalty make sense.

Opposite party lawyer relying and seeking action under section 35 of stamp act, i.e, impounding.
How to convince the judge to allow the sale deed as evidence for collateral purpose, and not to impound the same.
If impounded, do I have any legal recourse, if yes then how should I go about it stage by stage.
Appeal in high court? Appeal before collector? Appeal before chief revenue controlling authority?


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02 July 2019 at 11:47

Sucession certificate regarding

Dear experts
May request your kind attention for a few seconds please.
Can a junior civil judge court is competent to accept a petition for a succession certificate value less than rs.200000.
The succession certificate for want of shares transmission of from a company.
THANQ.


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28 June 2019 at 14:08

Unethical evidence by defendant Side

'm plaintiff in civil suit, now matter for defendant evidence but another person filed affidavit by mentioning that as per resolution attached passed by Co.(defendant no.1) he has appear on behalf of company, but copy Of resolution not attached so I was filed application for no evidence but same is rejected,

On next date I was given my application for allow time to appear higher court, then another application by his advocate for allow time for adduse evidence. both side application taken on record but I didn't taken any objections.

Now can I appear higher court or cross examine or what.?? pls guide


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