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Queries Participated

M Satyanarayana   07 December 2012 at 09:33

Chronic litigant for vexatious cases

Sir,

What is the remedy in our Indian Courts for litigant who is bent upon prolonging the case by filing suits and claims on flimsy and untenable grounds.

What is the procedure when the same litigants with money bribes the court clerks for giving long dates. Where should I complaint my grievance.

Please kindly advise me.

MSN

Annu   07 December 2012 at 08:59

Client refusal to accept registered a/d letters.

Sir,
i have been sending some registered A/D letters to my client (who has not been fulfilling the terms of an Agreement made between us).The postal department returns the letter to me mentioning "refuse to accept or person was not there" on envelope.
1.What is the next step or remedy for me so that i am able to serve this letter to my client?.
2.is his not accepting my letters making my legal position strong?

Ashwin Goswami   07 December 2012 at 00:26

Leakage from above flats from his bathroom to our ceailing.

Respected Sir,

I Ashwin Goswami, residing at Krishna Flat,Opp.Spandan Hospital,Sindhwai mata Road, Vadodara 390004, in first floor, My flat no is 104. There is a leakage in my flat from the bathroom and leaving room of Mr. Vinod Rochwani who is staying above my flat, his flat no. is 204. Due to leakage the water is slowly seeping has already damaged my walls. The filthy bathroom water is also causing a bad stink in our house which has endangered our health.
I have repeatedly asked Mr. Vinod Rochwani to carry out repairs and plug the leakage. He is ignoring it. Before this the leakage was repaired by me by my own cost, now he is not cooperating me even if I am ready to pay the repairing charges.
So please advise me who is responsible to repair the leakage from the roof of the above flat. Give me reference for any Law Or Act regarding this.

k.Satyanarayana   06 December 2012 at 17:55

Can more than one suit file on same cause of action at different court and for different relief

Dear Sir petitioner filed civil suit before civil Jduge (Jr Dvn) for permanent injunction . Thereafter one year when the matter still before the above court, petitioner filed one more civil case before Civil Judge(Sr Dvn) on the same cause of action for injunction and declaration. whether party can suit more than one suit on the same cause of action for different prayer

khaled.syed@gmail.com   06 December 2012 at 17:50

Cheque dishonor

Dear Sir/Madam, I had initiated legal proceedings against a man who had dishonored a check for Rs 1 Lac. Its been almost 2 years now and all I get is a next date every time the case comes for hearing. The judge very curtly tells me that "if I want the money then I should run around for getting it". I am contemplating withdrawing the case as I have lost faith in the judicial system to get me back my money and have stupidly spent about 30k already for the legal proceedings. Will I get my money back ever and what more can/should I do in getting my money back. Please help.

Chetan G. Gosalia   10 June 2010 at 12:16

Transfer property rules for daughter

Two daughter have one property, property owner is her mother what is the transfer rules?

Anonymous   22 December 2009 at 13:15

How to prove that I am in adverse possession?

“A” is the DHR-Vendee and whereas “B” is the JDR-Land owner. In an Execution proceeding “B” JDR-Land owner admitted that “today he has handed over the physical possession of the lands to “A” DHr-Vendee in the year 1985.

The said JDR-Land owner has never challenged against the above contention thus it seems DHR-Vendee is in possession of the said lands since 1985. But the revenue records are shown the JDR-Land owner’s name till now.

Now I want to clarify that I am in adverse possession or not? If so how to claim the above lands on my favour, because of the said ground.?

satendra sinha   16 December 2009 at 10:45

Cancellation of registered Sale Deed

Sir, I had executed a sale deed in Favour of Shri Mukherjee,this was done by misleading me to belive that an agreement to sale is being registered where as he actually registered a sale deed, I came to know about this after 15 days,I approached the party but the party assured me that all due payments will be issued to me in 90 days time but nothing has come out.Now I want to cancell the sale deed,Please guide.
Thank you.
Satendra Sinha

mayank jain   28 November 2009 at 10:32

Execution of Degree

We supplied material to a Govt Corporation. The corporation had not cleared our account. We filed Suit and got decree against the Corporation.

During execution of degree , orders were issued to attach Cash/Credit bank account of Corporation which has a LIMIT of 3.0 Crores. The bank did not honour the degree as the corporation has already overdrawn Rs. 17 Lacs from account. Corporation is still doing transaction in the account.

Please let us know if Bank can be forced to pay us our amount or bank can be asked to stop clearing the corporations outward cheques and as soon as the Overdraft is cleared they should make our payments. If so please quote some authority.

Thanking You

Anonymous   28 November 2009 at 02:10

Unregistered sale deed

Hi,

I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,

1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.

2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.

3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.

4. I have an adangal record(possession record) since 1977 for every year till date.

Now here is the problem....

There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.

Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.

2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?

Thanks in advance.
-Raju Jagadeesan.