Anonymous
11 May 2021 at 23:10
In my society many people signed to change water time from evening to morning
There are 3 room owner who are not agreeing for water change time , will society accept our requests for not changing time for water as we are doing night work from home it's difficult for us for taking water in morning
What to do ?
Please help
Anonymous
11 May 2021 at 00:36
A while back Hon. Supreme Court pronounced a judgement in civil appeal 3526 of 2016.
Reference with application for permission to file case for numerous Consumers with same interest under consumer protection Act;
After a thorough discussion, In Para 26 it is said "For the above reasons, we hold that the application that was filed on behalf of the appellants purportedly under Section 12(1)(c) of the Act was not maintainable having regard to the frame of the complaint, the nature of the pleadings and the reliefs that were sought"
Supreme Court held that though styled as one under Section 12(1)(c) but still application was not maintainable because pleadings were not consistent with the provision of CP Act and Order 1 Rule 8 of CPC.
1. Can any one please share the format of application for permission to file case U/S 35(c) of CP Act 2019 for one or more consumers, consistent with the provision of CP Act and Order 1 Rule 8 of CPC.
2. Please also share your thoughts/tips to keep in mind while submitting application for permission under above provision.
Thank you Everyone
Anonymous
10 May 2021 at 20:58
Hello,
We are Hindus and live in Haryana.
My NANA has 10 acres of ancestral land.
My mother has fight going on with his father( my NANA) for many years due to some monetary disputes.
My mother demanded her share in ancestral property but my NANA refused to give and refused to do partition of land with equal shares.
.
So, with the guidance of a lawyer, she filed a declaration and injunction case in 2012 to get her share ancestral property.
The case gets dismiss due to lack of evidence in 2015
Then my mother didn't filed any appeal.
My Question is-
1) Can my mother get a share in ancestral property now?
What she should do, my NANA is still alive and won't give any share to my mother in ancestral property.
2) what case should my mother file now to get her share in ancestral property.
3) Will the previous case of declaration filed by my mother of declaration will affect the new case?
what to do now.. Any guidance please..
Anonymous
10 May 2021 at 16:13
Person challenge the written exam for not following vertical reservation properly and tht
person through interim order was permitted to participate in the interview and language of order "petioner permitted to take part in the interview and result of no person shall be declared " interview was given , after that writ finally dissmiss with order interim order vacated and no illegality in written exam .if public service commission does not declare result of interim order participant but all other is there remedy and can public service say that your writ has been dismissed so you have no right of result declaration and appointment even if you are in merit ?
Anonymous
09 May 2021 at 17:52
Sir,
After get the Decree (in Febuary 2014) of shop tenant said vacate the shop in December 2014 tenant die in November 2014 and his judgement debtor legal heirs false objection in 47 CPC, then again 115 and continiousaly in other section of CPC decree execution delay i.e. 4 time chalange in District Court and we (Landlord) won all case after that all 4 Judgement challahnge in HC.and HC Dismiss writ. After 7 year decree execute vacate the shop after 7 year of decree.
Rent Agreement Rent is 300 Per Month in 1991
Rent Agreement mention
Tenancy start from 1st day of the month and end of the last day of month.
Rent as per Market Value (I dont have knowledge this is mention in rent agreement , because this written by my grandfather in 1991)
Rent Agreement not registered
Suit File : October 2006
Decree : December 2014.
Till december 2014 rent deposit in the court
from December 2014 to March 2021 not receive any rent.
Current Rent as per Market value is 3000 Per Month
During the period from december 2014 to March 2021 use this shop by his brother with the help of legal heirs of Original Tenant.
My Question is
1. We can take Rent Difference as per Market Value from October 2006 suit file date. As per Actual Market Value Calculation
or
2. we can take rent only December 2014 (Decree Date) to March 2021.i.e. Rs. 189000/-
3. Compensation After the Court decree December 2014 and during 7 years in March 2021 we have won the all 6 No. Case filed by the Judgement Debtor (4 No. in District Court & 2 No. in High Court) for Execution of the Court Decree. We take receover the Advocate Fee, other Expense for the legal battle of execution of decree. Approx. 3 Lac
4. Court fee Amount if required.
Pls confirm and send case for this case
Thanks You
Rajeev
amol
08 May 2021 at 12:08
Dear Expert
I need your help.
My query is regarding during amendment of plaint the situation as below:
The partition suit and temp injunction on Exh 5 is filed while filling the suit.
Defendant appeared in case. After hearing both parties Exh.5 temporary injunction order is passed now after
1 year and our case put for framing the issues, still honr. judge not framed issues.
Now we want to do amendment in our partition suit plaint that one para want to add and one prayer want to add at last page of prayer section. Also property number in PR card want to add in our existing first para of property description and one date is wrong due to typing mistake that we want to correct.
When we see for amendment that CPC O.6 R17 in which second para it is mentioned "provided that no application for amendment shall be allowed after trial has commenced"
My query is for the word "trial has commenced" :
Q.1: Did trial has commenced after temporary injunction order is passed?
Q.2: When the trail is commenced in our case temporary injunction order OR after honr. judge framed the issue OR after examination-in-chief?
Q.3: what is the meaning of trial commenced and what is the time that start trial has commenced?
Q.4: What are the points necessary to mention in amendment application so that honr. judge will allow or accept our amendment?
Thanks for your kind help and support.
koka venkatakumar
06 May 2021 at 12:04
My opponent ( corporate builder ) purchased 160 s.ft closed space in the cellar of my apartment with 5 s.yds undivided site for Rs.1,64,500/- in his wife’s name in Jan 2006. Sale deed registered. After that, Municipal corpn. removed the closeness of the room in abt 2 months thereafter. He filed suit in April 2006 for return of purchase money, 1 lakh alleged payment to me for making interiors (no evidence), 1 lakh damages, interest, Regn charges etc., No notice.. Out of order suit filed and prop attached.
HE HAS NOT SOUGHT CANCELLATION OF SALE DEED.
PLAINT IS TOTALLY DEFECTIVE.
Suit in toto decreed by lower court. 1st App. Court dismissed the suit as not maintainable mainly for not seeking cancellation of sale deed and also on other grounds like Sec 55 (1) a of TP act etc.
Property still in his name.
The plaintiff filed a second appeal in the High Court in 2015 and the High court, recently, while touching the judgment of the 1st Appellate court reg not seeking cancellation of sale deed only, set aside the two judgments of the lower courts and remanded the matter to the trial court directing the Plaintiff to file an amendment application and seek comprehensive relief. HC directed the lower court to consider the matter afresh giving opportunity to both the parties.
I need your valuable advice on the following.
1. Has H C got jurisdiction to suggest a party to seek comprehensive relief by filing an amendment application and remand the case to trial court.
2. Whether Ptf can now file amendment application for cancellation of sale deed paying addl. Court fee, for which Limitation expired in 2009. Has the lower court got discretion to allow even over looking LIMITATION. ( I read somewhere that it can be done ).
3. Is it correct for the HC to give opportunity to the looser to correct his mistakes and start afresh? In that case what is my fate?
Kindly spare a few minutes and guide me for which act of kindness I shall remain grateful.
Anonymous
06 May 2021 at 09:08
Late father who died intestate purchased several self acquired immovable properties in his name and mothers name. After his death one son now has filed a partition suit claiming them to be joint properties.
The sales deed along with mutation have been in mothers name ranging from 15 years ago to 30 years ago ie she has enjoyed possession of these properties with no restriction prescribed in the sales deed.
The same son has also fraudulently changed nominee in fixed deposits for which a separate criminal case under section 420 is in criminal courts. since nominee was fraudulently changed after the death of father, banks didn't settle on the basis of nomination and therefore mother has applied for a succession certificate. But in the frivolous partition suit the son has included all properties moveable and immovable in fathers name AND mothers name and also including fictitious amounts of black money .
Question:
1)Can plaintiff force partition of mothers property even though she is still alive and as per Sec 14 HSA she is absolute owner of her properties and there doesn't exist any restrictions in her sale deeds ( Section 14 (2) - doesn't apply )
2)Should mother file just a WS or should she also file an IA asking for dismissal of the frivolous partition suit.
3)Since money is urgently needed for survival, will the moveable items be settled via succession certificate or will we forever have to wait for a partition suit which will run into decades appeal appeal after appeal as plaintiff has deliberately includes these moveable items in a partition suit as he doesn't wish for the mother to see any money in her lifetime.
Anonymous
04 May 2021 at 15:45
THIS ORDER/Gazzette particularly passed for Nashik district.
There were one gazette passed by revenue and forest department of Maharashtra regarding removal of all lis pendence, can you please guide what is the exact gazzette was ?
Is this gazzette saying that lis pendence will not register in any suit property?
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Ancestral property registration
Dear Sir/Madam,
I have a ancestral property in Andhra Pradesh which is not yet registered till date(due to poor coordination between the legal heirs) in the name of my late great grandfather and We are in the possession of the said property since 30 years and above.
The Property is in the name of Late Mr. ‘A’(great grandfather) who has 5 sons(in which 4 died and 1 is alive) and 2 Daughters(in which 1 died and 1 alive) and wife also died.
Late Mr. A Family Tree
4 Sons of late Mr. ‘A’
Late Mr. B Late Mr. B has 2 Sons and 2 Daughters, all are alive and wife died (Late Mr. B is my Grand Father)
Late Mr. C Late Mr. C has no children and wife is alive
Late Mr. D Late Mr. D has 2 sons and 3 Daughters all are alive and wife is alive
Mr. E (alive) Mr. E has 3 sons and 4 Daughters, all are alive and wife died
Late Mr. F Late Mr. F has 2 wives(both are alive), 1st wife has no children and did second marriage & 2nd wife has 2 sons and 1 Daughter all are alive
2 Daughters of late Mr. ‘A’ Late Mrs. G Late Mrs. G has 3 Sons and 6 Daughters, all are alive and Husband died
Mrs. H (alive) Mrs H has 5 Sons and 2 Daughters in which 1 son & Husband was died & rest are alive
I am the grand son of Late Mr. B who had been in the possession since 30 years and above( because late Mr. A has been gifted orally the said property to my father since then we are in the possession)
Due to poor coordination between the family members we have not done any registration.
Kindly suggest legal ways to get it registered in favour my father as per Muslim Personal law(Mohammedan Law).
Thanks