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shivraj   08 January 2009 at 17:49

Mandatory injunction.

In the Mandatory injunction case plaintiff files a suit for possession and restraining defendant for entering in the suit property.

1)In this case defendant in the year 1994 surrender there rights and get consideration from plaintiff.
2)Surrender deed also register in register office and also signed by the defendant.
3)Suit property is in name of defendants husband and all taxes regarding suit property has been paid by the plaintiff himself and under shop act the ownership is in the name of plaintiff?
4)After that defendant denied this document from the year 2000 again entering in suit property and claiming possession.
5)Whether defendant has a right to take possession of suit property?
6)Whether plaintiff can succeed in this case?
7)Any case laws regarding this matter plz.send.

ponnala   08 January 2009 at 09:58

R T I Act-refusal of information.

Can a Joint Collector ( Office) refuses the information/show a file, on which he had negatived the claim of Owner ship of a land?(Here information was sought by a Third party.)

AS I know:RTI Act,includes the right to -

1. inspect works, documents, records.
2. take notes, extracts or certified copies of documents or records.
3. take certified samples of material.
4. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)].

Kindly The Learned forum Members to elucidate me in this regard please.

With regards...

J. P. Shah   08 January 2009 at 00:47

CONSUMER PROTECTION ACT

My friend had filed complaint against a bank in 2001 in district consumer forum for repayment of fixed deposits, which were defrauded due to negligence of the bank officials. The complaint was dismissed in 2003. Friend expired in 2003. His wife came to know all these details in 2008. Will it be possible to file appeal in State Forum now, even when it is grossly time barred? Can delay be condoned by State Forum?
What is the other remedy. Bank is a natioalised bank. Can she file writ in High Court to get the amount. Amount with interest is nearly Rs.5.00 lacs.

V.G.Rao Advocate   07 January 2009 at 20:04

can pronote for Rs (15) lakhs can be used for specific performance of agreemnt?

Hi all,
A land lord agreed to sell his property to his tenant who is in possession for Rs 35 lakhs and the tenant has paid a substantial amount of Rs 15 lakhs to the land lord, but the tenant instead of entering into the agreemnt of sale has taken a promissory note for Rs 15 lakhs and obtained land lord's signatures on pronote and receipt on one rupee revenue stamp affixed thereon. Later due to resons best known to land lord refusing to sell his property to his tenant, under the said circumstances,
Now my question is now the tenant can maintain a suit for specific performance agreemnt of sale of the property on the basis of pronote executed by land laord since it is intended by both the parties to sell and purchase the property?

SANDEEP GOYAL   07 January 2009 at 12:13

general questions

In which matters We file suit and summary suit?

SANDEEP GOYAL   07 January 2009 at 12:13

general questions

In which matters We file suit and summary suit?

allurisivajiraju   07 January 2009 at 08:10

Imortance of Boundaries.

Respected Seniors,

Mr. 'X' purchased an extent of Ac.03-00 Cents from Mr. 'Y' in the year 2005. But adjacent to the above said extent there is a porambok land which belongs to the panchayat an extent of 15 Sq.Yards. But the above said proramboke is covered with in the boundaries mentioned in the above said Extent of Ac. 03-00 Cents.

Now Mr 'Y' claiming that the said poramboke is belongs to him since he was not sold the said extent of 15 Sq. Yards.

Now Mr. X is ready to defend himself as " Boundaries prevails an extent".

In the above circumstances please send latest citations with regard to the " Boundries Prevails an Extent" in favour of Mr. X.

venkat reddy   06 January 2009 at 15:26

Resjudicata

what is Resjudicata when,where and why it will applied.

KANDE VENKATESH GUPTA   04 January 2009 at 13:38

amendment of plaint - collection of court fee

Dear friends, Happy New Year-09.

I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,

KANDE VENKATESH GUPTA   04 January 2009 at 13:38

amendment of plaint - collection of court fee

Dear friends, Happy New Year-09.

I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,