shivraj
02 June 2009 at 20:43
In one case Suit is filed in the year 1991 for partition of Joint family property. Afterworlds plaintiff died within pendency of suit he have only one doughter (heirs) which is married in 1980. In this case 51 defendants meanwhile time 10 defendants have filed power of attorney of plaintiff which is fraudulent in nature because the signature of plaintiff not taken on POA. That the POA holder is def.no.2 son and taking the benefit of Fradulant POA def. filed a compromise pursis before the JMFC Court and obtained a judgment and order in favour of def. but in the compromise pursis there was no consent or sign. Of plaintiff was Taken and also he is not present before the court at the time compromise pursis because of illness and old aged person.
After that taking the benefit of compromise judgment and order the defendant sold out some part of suit property. For challenging the illegal act of defendants Plaintiff daughter filed an application U/S-151 of CPC. And Sec.420, 465 of IPC and demands to recall the original case and taking action against the illegal act of the defendants. And also she has proved that this POA is illegal and forged in nature from competent authority.
On this point of view following question arises:-
1) Whether the LD.JMFC have a right to decide the compromise pursis?
2) Applicability of forged document like as POA?
3) Can plaintiff recall directly the original case? Which is in Hearing stage.
4) Whether Hon’ble Court Have directly power to cancel the all transaction made by the defendant? If yes U/ which provision?
5) Whether the court appointed a receiver or court commissioner for whole property in this case?
If any caselaws relating to this case please give the reference Thank u.
venkat reddy
01 June 2009 at 17:55
i received defediency service from a corporate bank which cased me irreparable loss and i had given a legal notice to the bank to pay damages as compensation . if i want to file case how long should i wait if reply notice is given or reply notice is not given.
kindly help. from venkat
Prashant
01 June 2009 at 17:53
My sister in law lost her father just a month ago.Her mother is still alive. Her father got 2 plots in pune from his father i.e. grandfather of my sister in law. On one of the plots her father constructed a bunglow and one plot is still vacant.Now my sister in law's brother is forcing her to give up the right on all the properties without any consideration saying that now since she is married she should give up her right.
Now we would like to know what is the remedy available to my sister in law. Is her right on the ancestral properties extinguished when she got married? Can she refuse to sign the transfer documents? Can her brother transfer all the property in his name even if his mother is alive?
What is the legal status of the ancestral property? How the ancestral property is distributed between family members?
Thanks in advance.
Kamal Grover
01 June 2009 at 15:32
We are Advocates in Punjab and Haryana High Court at Chandigarh. We require associate lawyers from all over India with a motive to refer cases each other. Plz send your concent for association. We are group of advocates expertise in various fields of law in Chandigarh and surrouning area of Mohali, Shimla, Panchkula, Punjab and haryana. WE deals in different courts and tribunals also.
Regards
Adv.kamal.grover@gmail.com
M:09814110005
Chandigarh
Rajaram C Iyer
31 May 2009 at 10:08
Dear Ld Members,
I am appearing on behalf of Defendant. Brief facts of the case : Plaintiff and Defendant are cousins. Defendant's mother owned one plot measuring 200 sq.yards and there is one super structure in the said plot. The possession is with Defendant for than a decade. In the year June 1999 the mother of the defendant( as per the version of the plaintiff) executed a WILL giving 50% share to the defendant and Plaintiff. The mother of the defendant expried in July 1999.
Now the Plaintiff has filed a suit for declaration,partition, possession and interim/permanent injuction ( as there is some construction going on in the vacant portion.
Can I take the following objection/defence
1. Suit is barred by Limitation -Article 58 of the Limitation Act.
2. for permanent injunction Section 41(h) of the Specific Relief Act - When injunction not to be granted. When there is an equally and effacious remedy.
The Defendant is not aware of any such will executed by her late mother. The WILL has been signed by defendant's mother whereas she is an illetrate. We have a certified copy of one GPA executed by her in respect of another property to prove that the WILL is forged.
Now the question is can I move Order 7 rule 11 application taking the plea that the suit is time barred?
Can I get any supreme court/high court judgement relating to this dispute.
ess oberoi
31 May 2009 at 10:01
Dear Hon'ble Experts,
May I seek your bona fide advice in a consumer matter, wherein the consumer forum gave decision in favour of the complainant. The OP ie Service Provider & complainant preferred appeal before Hon'ble State Commissioner, where, the appeal of OP was dismissed and State commission enhanced the compensation of the consumer. The OP filed appeal before Hon'ble national commission, where appeal was dismissed as no error/irregularity in the exercise of jurisdiction by the State Commission noted in its impugned order. Now the OP would go for appeal before Hon'ble Supreme Court. But before that the consumer has filed a Caveat.
As per Supreme Court Rules,"After the appeal is registered, it shall be put up for hearing ex-parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such order as the circumstances of the case may require" In these circumstances, may I seek guidance
(a) how to proceed with the case without engaging a lawyer (because of exorbitant fee and other reasons) ?
(b) What all a consumer has to say before the Supreme Court when the case at the three stages has been in favour of the consumer ?
(c) Will the Appeal be heard along with Caveater or ex parte as per above stated rules ?
(d) Before the matter is listed, what a consumer has to prepare ? Written Arguments ? or Oral arguments etc. etc.
(e) Can a consumer appear/advocate his matter before Hon'ble Supreme Court without having any law degree ? What all the Hon'ble Supreme Court may ask the caveator ? (in general terms)
(f) Before the Hon'ble Supreme Court, will the caveaor be heard first or the Service Provider now appellant before Supreme Court.
plz help. its urgent.
PRAKASHCHANDRA MARU
31 May 2009 at 00:55
hello all learned experts
pls inform me difference between the discovery and recovery of the evidence act
PRAKASHCHANDRA MARU
31 May 2009 at 00:54
hello all learned experts
what is the difference in the attested copy and certified copy
vinod bansal
30 May 2009 at 21:04
R/Members
plz explain civil imprisonment,is it mandatory to deposit amount by the party/person who prays the court to send the offender/defaulter behind the bar on account of jail expenses.Thanks
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Audio Recoording
Resp. Expert Members,
One of my client has recorded the conversation of his wife and mother-in-law in his mobile phone.
The recorded facts are of much important in his case for seperation.
Now I want to know :
1) What is the procedure to produce this audio recording before the court?
2) At which stage I should produce it before the court?
3) Whether it will be considered by the court as a documentary evidence?