Hello respectable lawyers,
If a case is already decided in lower court and the appellant goes to district courts and makes an appeal along with the application of stay/status quo on alienation of property.
My question is-- Can appellant take status quo on first date of hearing when the notice sent to respondents has not reached to respondent due to post office lock down due to corona??????
Can he take status quo in the absence of respondent when they haven' got any notice ???
Date of case is 16 APRIL 2020
1. An EX-PARTY ORDER OF INJUNCTION AND STATUS QUO WERE GRANTED ON PLAINTIFF in 2013.
2. Plaintiff had been RELIGIOUSLY submitting petition for EXTENSION of those initial orders on each date of hearing.
3. These extensions had been MECHANICALLY granted with the wording 'Extended till further hearing' by the Judge without introspecting the plausible reason for such extension.
4. On one such occasion the Plaintiff did not serve notice of his filing Extension Petition NOR filed the same before the petition at the Court.
5. The Adv. of the Defendant presumed that since neither the notice of extension petition is served on him nor the same is filed at the Court, he gave a petition to the judge that the Adv. for Plaintiff did not file any petition for extension and as such the Orders got expired due to non-extension and pleaded not to reinforce or effect such lapsed orders which is not prayed upon.
6. The Judge simply ignored the plea of the Adv. of the Defendant and asked the Adv. of Plaintiff to handover the Petition for extension to the Adv. of Def. and the Judge reinstated the ORDERS WHICH WERE ALREADY LAPSED AND EXTINCT.
Dear Experts, kindly advice :
1. IS THE JUDGE RIGHT IN GRANTING WHAT IS NOT EVEN PRAYED BY THE ADV. OF PLAINTIFF?
2. IS SUCH EXTENSION AN OBLIGATION ON THE COURT OR ON THE PARTY ENJOYING SUCH ORDER?
3. How to obtain Order from the Judge to the effect that those Initial Orders were lapsed due to non-extension with RETROSPECTIVE EFFECT ?
Regards and Thanks.
I am a working woman separated from my husband. When we were living together, I used to receive salary in cash while my husband salary was credited to our joint account. As per our mutual understanding, my salary was used for household expenses while his complete salary was deposited in our joint account. After a dispute between us, he has freezed the joint account. Now, I am left with no savings, while our joint account has 20 lakhs rupees. Despite being a joint account, my husband is refusing to give me any share and states that he has documentary proof that whole money in saving account is from his salary and the court will not recognise any oral understanding. Can I file a case claiming fifty percent share in the joint account? Can my husband claim complete ownership of the joint account money by proving that all the money was credited from his salary?
The action under SARFAESI by the bank, against the guarantor is time-barred due to 12 years limitation? What is this time barred means -
a) An action under the SARFAESI is time-barred. or
b) The realization from the mortgaged property is time-barred.
c) What about the DRT proceeding how they recover after issuance recovery certificate?
d) Whether Bank has to return our property papers, if yes, how can we proceed?
e) If no, then what is the purpose of limitation act or the limit of 12 years?
Ref:W.P. No. 16511 (W) of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Dr. Dipankar Chakraborty
Allahabad Bank & Ors.
What to do ,when father died in 2013 and we have two married sisters and widow mother
after father dead ,younger sister convenience mother and in dwelling house ,she said her share is 2/3 and both sister share 1/6=1/6 due to spend some money in house construction by selling gold jewellery ,what to do
share with any judgement of supreme court
An exparty order of Inj and Status-quo was granted in favour of Plaintiff in a Title Suit in 2013 and the plaintiff keeps religiously filing petition for extension of the same stating a fake reason that ' the situation initially prevailed is still continuing', on each date of hearing. The Hearing of Ad-Interim Order of inj. is 'still' being in the process of 'hearing' at a bench in City Civil Court, Calcutta.
The fact is, as such, the reason for which the orders were granted were fake, frivolous and imaginery and never existed not could exist at any probabilities and the order itself is in violation of an earlier HC Calcutta Order in a case relating to same property between predecessors -in-title.
The last date was 17th Sept. 2018 wherein the Defendants-in-person filed hajira in the court and as well as served a copy of their petition under Order 2 Rule 2 and 3 to the Adv. of the plaintiffs, in person and filed the 'copy served petition' at the Court.The Adv. of the plaintiff signed and handed over the petition to the defendant-in-person.
That day court did not function for obvious reasons.
The next date was fixed for 'Extension of Ad-Interim Inj orders' on 12th Oct 2018.
The def-in-persons filed a petition u/s 151 of CPC therein pleading that, some error had crept-in in the records of the court or some casual/clerical/mechanical mistake had happened in the court records due to which it was stated in the cause-list that the next date is 12th October 2018 for extension of Orders and, as such the plaintiffs had never filed any petition seeking any extension and as such the court has NO MANDATE TO GRANT THAT IS NOT SOUGHT FOR.
Also the def-in-persons filed a put-up petition to hearout their above petition u/s 151 before the court on 12th Oct 2018.
The Adv. for plaintiff placed a fake and casual reason that 'IT IS NOT POSSIBLE TO GIVE NOTICE/SERVE COPY OF EXTENSION PETITION TO THE DEFENDANT-IN-PERSON AT HIS HOUSE', whereas the facts are: 1. The Adv. of plaintiff himself signed and received the petition of the def-in-person at his designated Bar location from the def-in-person. Actually he failed to file / serve any petition for extension. whereas before the court he pleaded with a false reason, also he did not leave any notice at the court office if that the Adv. was not able to locate the def-in-person. Actually the address of the def-in-person is in the court records and no petition ever submitted by post or any messenger too.
The Adv. for Plaintiffs did not plead for excuse nor pardon for the lapse.
The def-in-person though not a person of legal fraternity understands this much that in the ADVERSARY SYSTEM OF JUDICIARY the Judge is not 'OBLIGED' to GRANT WHAT IS NOT ASKED/SOUGHT/PLEADED FOR. Also the Adv. did not plead for pardon or excuse.
The Judge, on 12th October 2018 did not mind the lapse/error/ audacity of the Adv. of the plaintiff and 'TOTALLY IGNORED' the petition u/s 151 for a prayer to pass an order declaring that the ex-party ad-interim Orders of injunction and status-quo got vacated due to failure to file petition for extension on behalf of the Adv. of Plaintiff.
The position, case, interests of Def-in-person is seriously hurt due to indifferent and callous attitude and conduct of this Judge.
Actually the injunction is awarded to restrain the defendants from causing disturbance in the painting work of the wall of the plaintiff.
I plead with the experts here to guide a remedy to this situation.
First of all I am not a lawyer and I need your help in an urgent matter.
During background check for my new job, the recruiter company has mentioned that there are some flags raised on Indian financial probity check. They just gave me a case number and no further details. Case Number: COCP-3160-2017 To best of my knowledge there is no case against my name in any court. I have contacted lawyers but they are unable to get further details with only case number. Please suggest if it possible to get further details on this just with case number as I need to give a justification for this coming week. This is very important for me and I would really really appreciate any help on this.
Thank you in advance!
We have made a sale of big consignment on advance payment basis to a client. The client paid us via cheque which was cleared by the bank and amount got deposited into our A/C and we shipped the goods. After 30 days of clearing, Bank came back to us claiming that they mistakenly cleared the cheque and amount in the client A/C was not sufficient and they have to withdraw the amount back from our A/C. Our was a CC A/C which was already at its limit, bank took the money back without any concent increased our CC limit and posted 0 available balance.
Now the client is also refusing to pay and we can't visit him as he is the different state and we have given in paid slip. Because of the Bank's mistake, we have shipped our GOODS and didn't receive the PAYMENT also. Need guidance from experts.
Now we want to take action on Bank to get our money back as the client has refused to pay. Need guidance how can we get our money and from whom. Is there any such case happened in the past which I can refer and what did court decided in such case.
NEED GUIDANCE & EXPERT ADVISE
Builder has executed agreement with carpet area 655.00 sqft. But actual on site measurement as resulted in 640.00 sq.ft. carpet less than the agreed carpet area. Even the assessment tax department has confirmed the area as 640.00 sq.ft.
Please advice, whether members can go for legal course for difference area as per MOFA or RERA Act