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Queries Participated

CHAUHANMA   27 July 2017 at 16:36

False statement in court

Dear Brothers,

Could you please give your expert opinion.

A Civil Suit is pending in the court of senior civil judge, defendant has deposed false statement on oath that he has worked in xyz company but not providing any proof, actually he never worked in said company.

I want to know whether I can file an application under sections 181 & 182 OR 193 PPC against the defendant in this civil court or is there any remedy / option available.

Thanks,
M Ali Chauhan
Advocate
Karachi.

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Anonymous   27 July 2017 at 12:29

False statement in civil suit, whether criminal action lies

Dear Brothers,

Could you please give your expert opinion.

A Civil Suit is pending in the court of senior civil judge, defendant has deposed false statement on oath that he has worked in xyz company but not providing any proof, actually he never worked in said company.

I want to know whether I can file an application under sections 181 & 182 OR 193 PPC against the defendant in this civil court or is there any remedy / option available.

Thanks,
M Ali Chauhan
Advocate
Karachi.

CHAUHANMA   02 November 2014 at 00:11

Can an advocate appoint another advocate on behalf of his client?

Respected Sir,

Can an advocate appoint another advocate (with his own signatures on Vakalatnama) on behalf of his client?

CHAUHANMA   30 October 2014 at 19:22

Landlord nadeem what has to do?

1. Nadeem rented his property to Razia,
2. Rizia did not make payment of monthly rent.
3. Nadeem filed application for ejectment of tenant Razia
4. Rent Court ordered for ejectment of the tenant Razia
5. Nadeem processed execution for ejectment and got ejectment order against tenant Razia.
6. Razia offered a sale value Rs.25 lac of the property to Nadeem in the court of ejectment.
7. Nadeem accepted the offer of Rs.25 lac and matter ended to compromise that tenant Razia will pay the sale value Rs.25 lac of the property within one year.
8. Tenant Razia failed to pay the said amount and filed a Civil Suit with a fake and forged Agreement of Sale.
9. Nadeem, landlord filed again Execution application but this application was dismissed on account of his non-prosecution.
10. The Civil Court dismissed the Civil Suit of Tenant Razia.
11. Tenant Razia has filed an Appeal against the dismissal order of Civil Suit which (Appeal) is pending before Appellate Court.
12. Tenant Razia have not paid any sum / amount being monthly rent or being Sale value of her fake and forged Agreement of Sale for the last about 102 months and is clear defaulter.
Query is that Landlord Nadeem what has to do?
Whether he should file a fresh Execution application OR what he has to do now?

CHAUHANMA   17 May 2014 at 19:49

Can defendant be debarred from filing written statement?

Dear Expert / friend,

1. I am Plaintiff, my advocate filed a Civil Suit for declaration & permanent injunction etc. but did not pay proper court fee.

2. Defendants lawyer filed application under Order VII Rule 11 CPC for rejection of the Plaint.

3. My lawyer filed application for permission to deposit the proper court fee, which has been allowed for paying the proper court fee but it took a lot of time for various reasons,
however I have paid proper court fee.

4. Since the Defendant did not file Written Statement,

5. Can I file an application against the defendant that since he has not filed Written Statement for about a period of TWO YEARS.

6. Can defendant be debarred by court from filing Written Statement ?

7. Under what section/order/rule of CPC such application can be filed?

Thanks for reply in advance.

CHAUHANMA   15 July 2012 at 13:34

Husband purchased a property in the name of his wife

Dear Sirs,
Please help me by giving expert opinion to the following query, Thanks

- Husband purchased a property in the name of his wife through a sale deed

- Both Husband and Wife are living in the same property

- Property has been mortgaged with a Bank
- Husband has taken the loan from said Bank for making payment of the said property
- Husband is still making payment the consideration price of the said property through monthly installments to bank from his salary
- Now wife shown her intention that since she is owner of the property hence the husband has no right in the said property
- Therefore Husband wants get cancelled the said sale deed OR wants to take back the said property as real owner because he had not gifted the said property to his wife, it was simply purchased in the name of his wife but no consideration money / price of the property OR part thereof was paid by the said wife.
Please advise, how the husband can get registered the said property in his own name?

CHAUHANMA   09 April 2012 at 07:48

Property purchased for grandson - guardian is father's mother

Father's mother (Grandmother) has purchased a property (by way of sub-lease) in the name of his minor grandson and the Grandmother is the Guardian of the that grand-son. Now she wants to transfer 50% share in the name of his another son (the younger brother of father of said grandson, the father of grandson lives in U.K.).
Please let me know;
- is it feasible to execute / register a document for transferring 50% share to younger brother (CHACHA) of father of said grandson?

- what will be the procedure for transferring the 50% property in the name of younger brother (CHACHA) of father of said grandson?
Thanks,

CHAUHANMA   08 April 2012 at 22:52

Property purchased for grandson - guardian is father's mother

Father's mother (Grandmother) has purchased a property (by way of sub-lease) in the name of his minor grandson and the Grandmother is the Guardian of the that grand-son. Now she wants to transfer 50% share in the name of his another son (the younger brother of father of said grandson, the father of grandson lives in U.K.).
Please let me know;
- is it feasible to execute / register a document for transferring 50% share to younger brother (CHACHA) of father of said grandson?

- what will be the procedure for transferring the 50% property in the name of younger brother (CHACHA) of father of said grandson?
Thanks,

CHAUHANMA   07 March 2012 at 10:33

Change of plaintiff as defendant

Can a civil court change the status of plaintiff to be the defendant?

Anonymous   14 March 2011 at 11:20

FREQUENT INTERRUPTION DURING ARGUMENTS

When an advocates gives his arguments before the judge on an application, another advocate interrupts frequently and disturbs the concentration of the arguing advocate and the judge does not forbid /stop the advocate who interrupts frequently , is there any law / citation / ruling to forbid / stop the advocate who interrupts the arguments process?

Please reply,
With best regards,
CHAUHAN

chauhanma@yahoo.com