shrikant chavan
27 October 2009 at 16:48
the suit for partition and injunction filed and same is decreed bythe lower court, the same decree has upheld by Hon'ble Apex Court.
In the said suit adoption deed was challenged, but it was registered so it was held legal and executable. Now i have filed second suit in respect of the same matter in which i have contested that the decree passed and upheld by the Apex court on the adoption deed and same is made by fraud.
now execution of the Apex court order is simulteniouly going on and the hearing of new case also.
so my question is that:
1. can i stay the execution if yes then how and pls refer any case law?
2. can i contest in the execution proceeding that the some property included in the decree is not joint family property?
3. can i offer payment for their share of the property whhich partted in favour of decree holder?
pls answer its very urgent.
Anonymous
27 October 2009 at 13:54
Respected Sir/s
This is in respect of Wakf Board property issue:-
“A” is the Wakf Board and “B” is land purchaser. Actually “A” is having some properties and the same were notified in a Gazette Notification, which was published in the year 1989. Hence ”B” after careful enquiry, has purchased the lands in the year 2005 from the real owners of the lands, which were not notified by “A” in the said Gazette Notification. Now “A” has reacted and simply made a fresh Gazette Notification in the year 2008 and added the lands of “B” mentioning that due to mistake and oversight of “A” the lands are not notified in the earlier Gazette Notification and thus now claiming “B” properties are belonged to “A”. The case, where the matter is pending before the court, was also accepted earlier that what ever the properties purchased by “B” is not related to “A”, in another case.
The point is:-
1. Now “A” is not showing any documentary evidence to prove that the lands whatever purchased by “B”, are their properties except the Gazette Notifications.
2. How far the second Gazette Notification which was published in the year 2008 is maintainable, nearly after a period of 19 years?
3. Is there any possibility to pass a different/opinion/ order by the same court, now in the present cse?
Plz. Give ur opinion/comment./suggession.
Anonymous
27 October 2009 at 03:30
i want to know the simplest and the fastest way to get married to a muslim boy and hindu girl the boy has a PG Degree where as the girl has cleared her 9th class & stopped studies
she is 24 years old and the boy is 28 yrs old
please give me the answer pertained to the economical marriage
thanks & regards
Kumar Krishan Agarwal Advocate
27 October 2009 at 00:08
Dear Learned friend,
I have a consumer case filed by my father which is pending in the consumer court for the rectification of the wrong billing amount which is Rs 20000/- but after accumulating interest by the Electricity department made it to 80000/-
My father died now I am contesting that suit as his legal representative,
but the problem is that The line man and Junior Engg comes in 3-4 months that you are using the direct wires from the pole and running home apparatus.We would file a FIR complaint against you.
They several times removed my house electric wires from pole. but I again got affixed with the another line man.this process is continuing going on. For the permanent solution what is the way to use electricity at house without any mechanical disruption.
1. Will I get a new meter on my name at the same address of my father.How do I get electricity licensee for using at home by hook or by crook. Is there any legal solution for this problem.
2. Will the consumer court give permission for using new meter
3. Any solution and way and tricky method to overcome this problem.
Ashraf
26 October 2009 at 18:15
Dear Sir / Madam,
On 19-04-2008, I had entered in to an agreement with Malappuram Municipality to run their amusement park for three years by fixing 1 crore rupees as annual rent. Due to the lack of visitors I failed to pay the agreed rent on time. In the signed agreement, we both parties were admited it as an experimental project and the terms may changed upon the mutual understanding. I requested municipality to reduce the rent with my balance sheet. But they denied my request and I approched hon'ble high court of Kerala for arbitration and the court already ordered for the arbitration. My question is that, what is the real meaning of experimental project as per the terms of law? What is chance for componsation from the municipality for my loss? I had deposited 1 crore rupees as security deposit when sign the contract, wether they forfit this money to the rent defaulted by me? I only paid 50 lakhs out of 1 crore 20 lakhs for the rent. I had invested about 58 Lakhs for improvement in the park and municipality is using the same now, shall I get the money for it?
I hope any experts will answer me properly
Anonymous
26 October 2009 at 15:10
Dear Sir / Madam,
On 19-04-2008, I had entered in to an agreement with Malappuram Municipality to run their amusement park for three years by fixing 1 crore rupees as annual rent. Due to the lack of visitors I failed to pay the agreed rent on time. In the signed agreement, we both parties were admited it as an experimental project and the terms may changed upon the mutual understanding. I requested municipality to reduce the rent with my balance sheet. But they denied my request and I approched hon'ble high court of Kerala for arbitration and the court already ordered for the arbitration. My question is that, what is the real meaning of experimental project as per the terms of law? What is chance for componsation from the municipality for my loss? I had deposited 1 crore rupees as security deposit when sign the contract, wether they forfit this money to the rent defaulted by me? I had invested about 58 Lakhs for improvement in the park and municipality is using the same now, shall I get the money for it?
I hope any experts will answer me properly
yogesh
26 October 2009 at 14:21
I have 2 hearings with bench at particular court located in CAT which got transfer into another court in the last hearing I want to rwetain hearing where 2 previous hearings were held under section 25 of AT Act-1985 which is reproduced here
"
Power of Chairman to transfer cases from one Bench to another –
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench
"
What grounds should I have to made for PT Application?
Whether I have to serve the copy on the oppsite party
Regards
Anonymous
26 October 2009 at 13:59
"A" has entered into an agreement of sale (un-registered document) with "B"and paid 1/4th of the agreement amount on the same day and agreed to fulfill the remaining balance amount within a period of 9 months from the date of execution of the said Agreement of Sale. But "A" failed to pay the remaining balance on some reasons. After a period of 18 months, "A " got issued a notice to "B" asking to return the money with interest and expressing his inability to go further. And a reply has been sent by "B" stating that he is ready to register the sale deed in favour of "A" subject to payment of the remaining balance amount. But actually "B" has transferred the said lands to "C" under a Registered Agreement of Sale cum GPA, but it was not mentioned in the said reply. "A" has filed a suit for receovery of the amount in a court. "B" has also admitted that even till today he is ready to register the sale deed in vour of "A" in case if "A" is ready to pay the amount, after appearing in the above said suit.
Now the point is (1) without cancelling the existance an un registered agreement of sale duly executed by "B" in favour of "A" how "B" is executed a Registered Agreement of sale cum GPA exeuved in favour of C". (2) Can "A" file a suit against B and C for cancellation of the said deed.
So plz. give ur valuable suggession in this litigation.
yogesh
26 October 2009 at 13:58
I have file the case in Hon'ble CAT which was first heard in one court then 2 hearings were done at other court which was heard lastly on anothe court. Can I transfer the proceedings on court which already had 2 hearings
What should I have to do???
Shall I have to file the Transfer Application ???
Whether T.A is applicable in such case for transferring the listing in the choice of the court???
Regards
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Period of limitation on a compromise decree.
Respected Sir,
This is a Civil Matter and I need whether the decree is in limitation period or not?
Simply I am hereby giving the details.
I filed a suit for Specific performance and the same was dismissed. As against the said dismissal I preferred an appeal before the High Court. While pending the Civil Appeal, both the parties have entered into a compromise memo and accordingly the said appeal was ended. After that due to some reasons, again both the parties have entered into another compromise petition before the lower court and the said compromise was recorded on 21-02-1985.While passing the said 2nd compromise decree, the court has instructed the DHR/Plaintiff, “in case of default of the JDRs/Defendants, the DHR/Plaintiff is at liberty to approach the court (lower court) and get the sale deed duly registered through court. But the DHR/plaintiff instead of approaching the lower court approached the revenue authorities for regularization of the alienation on the basis of the said compromise And accordingly, the Revenue authorities had regularized the said alienation, as there is a provision to go and regularize.
Now the contention of the JDRS/defendants are there was no notice served on them by the revenue authorities, before passing the order. The JDRS/Defendants have challenged the same before all the revenue authorizes and as well as the single judge of High court. When it was came to Double bench of High Court, an order was passed against the DHR/plaintiff stating that the authorities below are not followed the rules. And an SLP has been filedby DHR/Plaintiff and the same is pending before the Supreme Court.
Now the pioint is:-
1. From the date of 2nd compromise decree ie., on 21-02-1985 both the parties are defending their case in courts, even till today.
2. So now is there any possibility to execute the 2nd compromise decree by DHR/plaintiff, now?
3. Or the said decree is time barred?
4. Even now also they are not claiming their rights over the said lands.
Plz. Clarify.