Anonymous
21 December 2009 at 17:50
Respected experts,
A” is the land owner and “B”(purchaser) has entered into an Agreement of Sale(un-regd)and paid 1/4th of the sale consideration and “B” has failed to fulfill the terms and conditions, due to his personal problems. Now he wants to take back his advance paid amount from “A”. Accordingly “B” got issued a legal notice asking “A” to return back his paid amount with interest. While giving reply notice “A” informed that even till today he is ready to register the sale deed in favour of “B” after taking remaining sale consideration. In this “B” already expressed his inability in taking the lands and filed a suit for recovery of the advance paid amount with interest. Before issuing reply notice “A” has transferred the said lands to “C” under registered AGP. “C” is not a party to the above proceedings.
1. Now how “B” can recover the money as early as possible?
2. Is there any possibility to attach the lands under the above Agreement of Sale?
3. Can "B" take any criminal action against "A" in this regard.
Anoop Deshpande
21 December 2009 at 16:01
A cooperative society with all India jurisdiction collected FD's but failed to repay in given time. FD holder files case before Consumer forum. Forum awards decree in favour of the FD holder. He files execution u/s 27 of CP Act.
The society argues that, the forum has no jurisdiction to execute the decree because, the forum has no jurisdiction. Decree holder argues that, it has deposited the money with the society through its branch which is in the jurisdiction of the forum. Are they any citation in this regard?
The JD society also argue that, without exploring Sec.25 the JD cannot explore sec.27. What is the status of law.?
Anoop Deshpande
21 December 2009 at 15:53
In a TV show one journalist has told that Supreme Court has given wrong Judgment, It is foolish judgment. The judges are fools. Will such a defamatory remark amounts contempt of court?
If yes, can a ordinary citizen file contempt case against that person?
If yes, is it possible to file case before High Court or it shall be filed before Supreme Court?
Mohamed Ali
21 December 2009 at 11:34
question was missunderstood hence posting again with details...
In our Muslim partition suit, Preliminary decree dated 1970, Our grandmother was entitle for 1/17 share as per Preliminary decree.
Our Grand mother died in the year 1979 and her only Son had predeceased her in the year 1973.
There is no mention of Predeceased son’s Children in the preliminary decree, so no question of going against preliminary decree, they were brought on record only at the time of filing of Final decree petition in the year 1985,Final decree proceedings is still pending and adjourned for next month.
As in preliminary decree schedule there are two type of properties
1) Town properties 2) Revenue Properties,
For the One of the part of Preliminary decree Schedule, that is for town properties, a muncipal commissioner was appointed and the town properties were divided as per decree in the year 1995 and based on the Final order in this pending Final decree proceedings the parties aggrieved filed RFA in the high court the court upheld the order of lower court for division town properties.
Point to be noted: Part of the preliminary decree i.e. only for town properties a final order was passed in 1995 in the same pending Final decree Proceedings.
Now the other part or the second part of Preliminary decree for revenue lands yet to be divisioned based on the preliminary decree and is still pending in the same final decree proceedings, and adjourned for next month.
And also for the 1st part of decree of town properties on which court pass order in this pending final decree proceedings Some parties have file Execution proceedings based on the final order of this final decree court, for taking position by and is pending from the year 1995.
Our grandmother has got some 3 properties in the town properties allotment as per preliminary decree,
The town properties are still in joint khata of her legal heirs that is
1) 1st daughter
2) 2nd daughter and
3) children of predeceased son of our grandmother.
As our grand mother has 3 children, 2 daughters who survived her and a predeceased son with 2 children one son and 1 daughter.
My question :- Since the execution proceedings for 1st part of same final decree proceedings for town properties is still pending,
1) We have not objected on the earlier occasion when these predeceased sons children were brought on record along with the daughters while filing final decree petiton and also we did not object at the time when town properties were allotted in joint names, we want to take up this issues now.
As a partition suit by law is pending till the Final decree proceedings is completed and this execution has arisen from the same pending final decree proceedings, even though we have not filed our objections when these execution proceedings started in 1995. We can do this now.
Since this question is based on Mohammedan law point it seems it can be taken up any stage of proceedings as persons who are unnecessary and improper parties don’t get any right just because they on record, even if the properties allotted to them jointly, it will not create any right to them and there is no question of esstoppel here.
2) Since the Bailiff has given positions of the town properties to all legal heirs of our grandmother including the children of predeceased son who are not entitle for share for which we had not questioned at the time of allotment or order
now we want to take back the given position given to these Predeceased sons children in this execution proceedings by Filing an I.A under Section 47, as it says
47. Questions to be determined by the Court executing decree
(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.
(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.
3) Can this be done in Execution proceedings.
4) Or we have to file seperate suit to delete the names these predeceased sons children from the joint Khata of the alloted town properties and take back the poistion given wrongly.
Arvind Singh Chauhan
20 December 2009 at 21:51
Sir,
"A" had agreement that he will pay to municipality 10000/- in lieu of allotment of shop. Later he was not in position to pay amount. He is regularly paying rent Rs 500/ Pm to municipality for this shop. Municipality and D M issued Recovery certificate to recover the amount as land revenue. I filed suit for injunction and also for cancellation of this deed, with pleading that According to 173A of UP Municipality Act only Tax is recoverable as land revenue. This amount is not a tax and can not be recoverable as land revenue. If municipality wants to recover, they must apply for specific performance of this deed. I also prayed that in lieu of this amount A is getting nothing, neither ownership nor permanent allotment. This agreement is without consideration and is void. Agreement is also not approved by necessary resolution passed by municipality. Court rejected my application for interim stay of recovery, mentioning the party has agreed already. Courts order seems to be as final order. Now suits purpose may fail authorities are compelling him and threatening to arrest him. Purpose of my suit has been failed. Now what should I Do.
mahendrakumar
20 December 2009 at 18:55
caow?we simulataneously use different legal remedies for the same cause? if so how?
mahendrakumar
20 December 2009 at 18:52
how long should one wait before proceeding further after serving legal notice?
i.e,in the legal notice,i have informed the opposite party that unless,i receive proper resonse within 15 days,i intend to move further.
so after the period of 15 days no response comes,how long should one wait (as a prudent practice) before moving ahead with available legal remedy?
Jibanananda Goswami
20 December 2009 at 17:26
I filed an RTI application to DPIO asking about an NGO. The NGO has a branch in our district and the HQ is at Kolkata. The DPIO forwarded the application to Social Welfare Department and Mass Education Department. But those departments returned the application to the DPIO and said, they can not trace the HQ. The HQ (headquarter) is shifted somewhere.The branch is also not informed about the new address and the information I asked is not available in the branch office.
In this situation, what can I do? The DPIO suggested me to file complain to the State Information Commission. I need your suggestion about it.
The NGO is sponsored by Ministry of HRD, GoI. I filed another RTI application to that ministry. But they returned it and said that the court fee stamp is not applicable in that case. They also suggested to file a fresh application with postal order. That I have filed on 25-Nov-09. This application is not answered till now.
Parveen Kr. Aggarwal
20 December 2009 at 14:53
In which cases photocopies of documents may be admitted by a court in evidence?
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Credit Card & Application of limitation
A credit card defaulter has stopped repayment since last 5 years. Since then, 5yrs, card has been blocked.
Bank now has sent a legal notice.
What reply by the card holder is appropriate which will not effect the application of limitation act?
Whether the card holder should reply at all or not? if yes then in what way? so that if any suit filed subsequently he can claim limitation.
Till date bank filed no money suit or any suit.
What is the exact legal position?