Anonymous
02 June 2020 at 09:44
In Reply To :

Limitation for filing suit for partition?

Sir I am the person who is in possession from last 13 years which I have received from last possession holder (20 years undisputed possession of that person)
I have to stop the person who is having only the title of that property from last 13 years which he has received from last title holder ( Who has never filed any case for possession against last possession holder (20 years) neither the present title holder has filed any case from last 13 years
Now sir whether the latest supreme court judgement that owner must act within 12 years for possession is applicable in this Case or not? Because neither the present title holder has filed any suit for possession nor the last title holder has done this i.e from last 33 years the property is undisputedly in possession of possession holder and title holders has never challenged for possession
In short neither the present title holder nor the last title holder has possession of this property throughout the whole time of 33 years and they have never filed any suit regarding this till today

P. Venu
02 June 2020 at 08:35
In Reply To :

Notice under section 138 in the negotiable instruments act

The court has a well established procedure to take care of all the aspects.

P. Venu
02 June 2020 at 08:19
In Reply To :

Which is best for accused false report or closer report

Thanks, Mr. Makkad. I may be permitted to supplement above suggestions by the observations of the Apex Court in Court in O.P. Sharma v. High Court of Punjab & Haryana:

“An advocate is under an obligation to uphold the rule of law and ensure that the public justice system is enabled to function at its full potential. Any violation of the principles of professional ethics by an advocate is unfortunate and unacceptable. Ignoring even a minor violation/misconduct militates against the fundamental foundation of the public justice system…Most importantly, he should faithfully abide by the standards of professional conduct and etiquette prescribed by the Bar Council of India in Chapter II, Part VI of the Bar Council of India Rules."

Certainly, legal professionals are not expected to condone and applaud the audacity of any person to overawe the public officials to save and secure himself from the rigours of law.

Dr J C Vashista
02 June 2020 at 08:12
In Reply To :

Limitation for filing suit for partition?

You have title documents and possession of the property for the last 13 years, what is issue / need for instituing a suit for partition ?
Whether the sale deed do not have boundaries specified for your share, which you have acqired/ purchased ?

Dr J C Vashista
02 June 2020 at 08:07
In Reply To :

Attachment before judgement-orders required.

As per your statement the case is yet to be adjudicated, is it so ?
In your case, the court is yet to pronounce judgment and there is no interim injuction restraining the defendant to create third party interest in the machinary / property he is well within his right to dispose his property.
Whether suit has been decreed for recovery of amount ? No application is maintainable lis pendens.
Attachment order can be passed by an "Executing" (Vadodara) Court and not by an "Adjudicating/ Trial " (Hydrabad Court in the instant case/ suit).
Vadodara is located in Gujarat and not in Rajashan.


 



 

shyam lal
02 June 2020 at 08:03
In Reply To :

Market rate of property

When govt acquirers a property ,does the compensation is on basis of market value or circle rate?


Anonymous
02 June 2020 at 07:51

Ancestral property

We reside in a property built in 1935 by our great grand father
We want to preserve it
It has stake also of other 4 siblings of our father
How do we find out how much we need to pay them to preserve property?
Ours is 1st floor terrace house.1st floor have tenants
Can tenant n other stakeholders push us into redevelopment?

Dr J C Vashista
02 June 2020 at 07:46
In Reply To :

Share purchase by employee

I agree with experts Mr. Rajendra K Goyal and Mr. Raj Kumar Makkad.
Whether the company is registered/ listed / public / private limited or unlimited ?
ESOP is beneficial scheme for both the employer as well as employees, what is the reason / pretext of refusal /prohibiting employees purchasing such a small quantity of shares as stated by the management of company ?

P. Venu
02 June 2020 at 07:42
In Reply To :

Withdrawal of private complaint in magistrate court

Yes, the facts and law involved in the decision of the Bombay High Court (Aurangabad Bench) in Sayaji Mahadu Gavhane vs. Bajaj Auto Limited were entirely different. It can be no application in the instant. Thanks, Mr. Rajasekharan.

Moreover, in my understanding, the course of action which the author seeks adopt amounts to forum hunting.

Dr J C Vashista
02 June 2020 at 07:40
In Reply To :

Tenant not paying rent arrear

I fully agree and appreciate opinion and advise of expert Mr. Raj Kumar Makkad.
No criminal case/ complaint is maintainable for non-payment of rent.
You have allowed rent free/ forgone rent for 6 years, for which no remedy lies against tenant.
Is there any rent agreement in vogue at present ? If so, what is the rate of rent per month and period of tenancy? Do you want to evict the tenant or continue tenancy ?
Whether the rent agreement (if any) is registered / notarized or oral ?
Consult and engage a local prudent lawyer for proper analyses of facts/ document, professional guidance and necessary proceeding.

Dr J C Vashista
02 June 2020 at 07:32
In Reply To :

Market rate of property

You will have to pay stamp duty and registration charges to get sale deed registered for the consideration minimum at the rate of circle rate prescribed by government, which may be higher to it but not less.

P. Venu
02 June 2020 at 07:30
In Reply To :

Suspended person is eligible for government service or not

I am at a loss to understand how a person could be in suspension, even if deemed, unless the competent authority issues the order for placing under suspension. The authority cannot issue the order unless informed by the Government servant or the police officials or other persons. In the absence of such an order, the Government servant considers himself to be under deemed suspension and do not report for duty, it would amount to unauthorized absence.

Yes, there is a strict obligation of the Government servant to inform the authority. And failure is a misconduct and could lead to a separate disciplinary proceeding independent of the consequences of the criminal proceeding.

Anyhow, these are only theoretical consideration because author, as per his profile, is a student who has been posting many a riddle, may be as parties of his studies.

Dr J C Vashista
02 June 2020 at 07:27
In Reply To :

How to sue an educational institute

Lodge a police complaint for cheating and fraud.
What is the term "CPF" "FPSB" "AFP"used by you, which are uncommon in legal parlance?

Dr J C Vashista
02 June 2020 at 07:22
In Reply To :

Ltv ratio

Post the question in CA Club.

P. Venu
02 June 2020 at 07:17
In Reply To :

Flour mill intolerable vibrations

The noble motto of this forum, as well as advocacy, is to assist the one who is real trouble to protect others. There is nobility in provide means to trouble or injure others those who are making a honest living.










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