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mahendra rai jain   15 February 2009 at 07:37

resonable and bonafied requirment

Sir,
a landlord file a case against tenant for evection of shop for his son's resonable and bonafied necesity for transport business but did not present him as a witness.
so that my Question is this..

kya tenant is ground par safal hoga..ki landlord ki necessity resonable nahi hai.. if there any citation is available in this regard plz suggest me

Pramod Rai   14 February 2009 at 07:18

House of medical Practitioner is commercial or residential

Is the clinic of a medical practitioner is commercial or residential, is there any act in this regard or any case law

Md. Muneeruddin   12 February 2009 at 00:40

Boundaries of suit property

In a suit for declaration, the plaintiff is relying on a sale deed in which the boundary of suit property is not mentioned. Hence there is no evidence to check the boundaries of the suit property in the Schedule annexed to the plaint with the title document relied by the plaintiff.

What is the effect of this lacuna of not mentioning boundaries of the property in a registered sale deed or an agreement of sale because, it is difficult to identify the property if the boundries are not mentioned in the title documents.

Kindly provide any citation in respect of effect on the suit if boundaries of suit property is not given in the title documents?

Please advise?

Md. Muneeruddin   12 February 2009 at 00:34

Validation of sale deed

Some persons are making sale deed on low denomination stamp paper they purchased in the past and later they are typing sale deeds and getting it validated and using it in the civil suits?

What are the options available to agrieved persons due to such validated sale deeds

Is there any case citation available on this matter?

Please suggest.

RAJINDER KUMAR GARG   11 February 2009 at 18:14

ATTACHMENT OF DEBIT BALANCE

CAN A COURT CAN ORDER FOR ATTACHMENT OF DEBIT BALANCE OF A PARTY? SUPPOSE IF A PARTY IS AVAILING THE CASH CREDIT LIMIT FROM A BANK AND THE PARTY HAS NOT UTILISED ITS FULL LIMIT AND THE DECREE HOLDER HAD OBTAINED AN ORDER FROM A COURT FOR THE ATTACHMENT OF THAT ACCOUNT.
WHETHER THIS ORDER IS LEGALLY VALID.

V.V.RAMDAS   09 February 2009 at 23:11

registration of orphanage

Dear Sir/Madam,
would you get me clarify under which povision of Law or Act the orphanage has need to be registered ?

V.V.RAMDAS,
ADVOCATE.

V.V.RAMDAS   09 February 2009 at 23:04

registration of orphanage

Dear sir/Madam,
Would you get me clarify under what provision of law or Act the Orphanage has to be registered ?

Anonymous   09 February 2009 at 20:01

civil matter help

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SIR,

PLEASE SUGEST ME ON THE MATTER MENTIONED BELOW.
DETAILS YEAR WISE HAPPENINGS-

>.
YR. 1966,our seller who sold the property to us ,purchased the property.
>Yr 1978,seller took I.T permission and Ceiling Permission from
Land Revenue Dept from I.T dept of Jodhpur and Raipur,where
both joint owners very staying at time of Registry,for
selling the property to us.

> YR.1979 seller sold the property in 2 parts through POA and
given us their possession and their original documents.
> Yr.1979, we received notices from I.T dept for undervaluing
the property in Registry.
> Yr.1980 we transferred both property in Muncipal Dept,
Electricity Dept and got Industrial License for Saw Mill in
a Plot.
> Yr.1985 we got muted one property in our name in land revenue
records.
> Yr. 1991 S.B.I made party in a case for keeping our property
mortgaged and taking personal guarantee against loan.(for
property muted in our name in yr 1985)

> Yr.2003 we submitted our both registries in a civil case
against the present POA of seller.
>Yr. 2005 we lost a registry with original and only copy of
Seller POA copy received by us at time of Registry.we filed
complaint in local police station and given advertisement in
Newspapers for lost.
> In march 2005 we muted second property in our name ,in which
we are staying from the time of registry .
>IN nov. 2005 seller got our mutation cancel order but they got
order in name of only 5 joint owners,whereas we got muted in
6 joint owners.They got cancellation order without making us
party in really.
we challenged the above order immediate in dec.
>IN 2005,stating that they never served us any notices and not
got order against all the names in whose name mutation was
there.
> Yr 2006 we won the case against S.B.I, in DRT,JABALPUR .
> YR 2006 we filed case civil suit for title deed ,and for
status quo as we got threat from mafias for leaving the
property.
> seller,became EX-party as they not responded to all the
Registerd notices and paper advertisement published at their
place of stay,given by the court.
> YR 2007,seller appeared in the case and given power of just
1/4 area to their Relative who stay very near to us,in our
city,and became party in the case.
> Yr 2008 POA holder refused the Registry of 1979 and stated
that they never gave POA to anybody for Executing Registry.
Here he is telling,Pleading about whole property whereas he was
given power of approx 1/4 of the property which we are
claiming.
Yr 2009 case is still going on in Land Revenue Court and Civil Court,where we filed the case against them.


DETAIL HAPPENING AND REQUEST.
> Respected Sir/Madam,
>
> > we purchased 2 properties in 1979 . In registration of
documents ,attached documents were
,<1>permission for
sale of properties from land ceiling dept,<2>
incometax dept. permission for sale of
properties,,<3>map of property.The registration
was
done by the power of attorney holder,whose power of
attorney copy was not required to be attached in
Registry,
that time.It was Registrar who use to confirm the
authority,
of P.A holder .Out of two properties one was of small
factory shed with open plot,for it- we got our name
transferred in Land Revenue Records in 1985,but other
property was a Residental building,in which we are
stay

kanwar Lal   09 February 2009 at 19:01

change of name

a person is in govt service now he want to change his name. his name in official record is ravi kumar now he want to attache his sir name sharma. is it possible if yes what's the procedure?. if there is any legal provison plz explain.

allurisivajiraju   07 February 2009 at 21:59

Show Cause Notice by ADEN's Office

Respected Seniors,

Mr. 'X' working as a Sr.Volveman in South Central Railway. One civil suit was filed against Mr'X' by a third person for recovery of Promissory note debt and the same was decreed. Subsequently the DHr filed an Execution Petition U.O. 21 Rule 37 of C.P.C. Lanter on Court issued arrest warrant against Mr. 'X' and he was imprisoned for a period of 20 days.

After release of Mr.'X' ADEN's Office issued a show cause notice under rule 14(1) of the Railway servants (DAR)Rules 1968 to Mr.'X' for his explanation if any.

Mr'X' given his explanation as " The detention in the civil prison is purely a civil nature for which no departmental action is to be taken and it does not come under the purview of the I.P.C. and In addition to it facing of civil suit and its consequences does not come under the purview of 'Moral Turpitude'".

After receiving the above explanation authorities are waiting for orders on the said show cause notice.

In the above circumstances what is the option to Mr. 'X' as if the Order passed against him by his authority.(i.e. termination from his duties)

Whether Mr. X approached civil courts or High Court or Tribunal for restoration of his job if the order passed against him.

Thanking you sir in advance.