R.Manivasagan
06 August 2008 at 21:42
I Am for the Plaintiff side.It is suit for Declaration of Title. The 1st Defendant died on 14.07.2007. The 2nd Defendant is one of his son and the 3rd Defendant is his one of the daughters.The counsel for the defendant did not inform about the death of the 1st Defendant. Anyhow immediately after the knowledge we had filed an application on 25.12.2007 to impaled the LRs's of the deceased 1st Defendant (the wife and another son and another daughter). We did not file an application to set aside the abatement for non taking steps within 90 days. Before filing that application I had consulted with a senior Advocate and he advised me that if other Legal Heris of the deceased were already on record, the question of abetment will not arise. so, I had filed the application accordingly, but the Trial Court dismissed our application on the ground that we should file an application to set aside the abetment. Is it correct or shall I file a revision against that order or Can I file a review before the same court. Wether the senior advocates advise is correct or not please answer my query.
JAGADEESH GOVIND
06 August 2008 at 14:09
Dear sir,
I would like to produce a licence deed in the court as an evidence. But I am not a party in the agreement. Pl advice whether I could produce it ? If the opposite party raise the contention that I am a third party and no locus standi to produce the agreement. How could I defend it ? Whether it is hit by the principle Privity of contract ?
Jagan
R.VENKATESAN
06 August 2008 at 12:31
One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day. Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing. A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008. In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.In the sale agreement it is receited that a sum of Rs.2,50,000/- was paid to X and the balance sale consideration payable is Rs.50,000/- only. Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA. The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act. Whether the unregistered instrument requires probate? Request for solution with judgements of High Courts and Supreme courts on this point.
Whether wife of X can question the sale agreement executed by X during February 2000 as barred by time? Whether she can question that the transaction is only a finance transaction and the same cannot be enforced?
R.VENKATESAN
06 August 2008 at 09:00
One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day.
Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing.
A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008.
In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.
Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA.
The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act.
Whether the unregistered instrument requires probate?
Request for solution with judgements of High Courts and Supreme courts on this point.
PURSHOTAM BEHL
06 August 2008 at 07:45
I AM RUNNING AN AUTO WORKSHOP, IN DELHI SINCE 1989 , HAVING ALL PROOFS , IN AN UNAUTHORISED COLONEY, WHEREAS AS PER SUPREEM COURT'S ORDER ALL INDUSTRIAL UNITS RUNNING BEFORE YEAR 1989 ARE TO BE RELOCATED IN REGULARISED AREA CAN I FILE A WRIT IN HIGH COURT, AND GET RELIEF.
Srinivas.B.S.S.T
05 August 2008 at 00:51
Sir If the lower as well the appellate authority fails to comply the provisions can an applicant under RTI Act appraoch consumer forum for redressal of his grievance. Does an applicant under RTI Act comes under the ambit of consumer as per CP Act merely because he paid user charges?
yogesh
03 August 2008 at 12:40
I need the opinion on the following query which covers the electricity act-2003
1 Whether the assessing officer/Authorised representative of Licensee company has the power to replace the existing meter of consumer with out testing for accuracy of his existing meter and against the consent of consumer?
2 Can the authorised representative/Assessing officer has the power to replace the existing meter with out giving any notication or with out givingreasonable opportunity of hearing ?
3 Can the licensee insists by compulsion or force to use their prescribed meters only?
yogesh
03 August 2008 at 12:37
ON : 8/1/2008 1:50:38 PM Post New Topic
I has the following query and will be grateful & thankful if i get the expert opinion by the expertise
I have filed the W.P.(Civil) in Hon'ble high court against the company which was given license to supply and distribution of electricity herin after called "licensee" against the notification which was served under section 163 of electricity act-2003 and aginst the replacement of existing meter by the electronic meter
Along with the writ petition, i have also filed the Civil Miscallneous apllication against the stay on disconnection of electricity during the pendency of suit
The writ application was filed in diary but before listing (due to objections in case diary ), the respondent/license managed to change the existing meter with the consent of petitioner under the influence of coercion
The copies of the writ application were already serviced to the standing counsel of the licensee company
What the petioner will now do (as the matter is not heared due to technical objections in the filing )?
Whether another Miscalleneous application needs to filed in case diary or he should wait & watch after the first hearing and let the court know about the facts?
In present scenario , the relief which he has claimed regarding not replacement of meter is not maintainable whether he should file the other application under the same writ application for another relief?
rohit jaiswal
02 August 2008 at 02:04
who is expert according to cort who can detrmine those technical matters from which court is not familier?
plz give aany case of supreme court.
example:-
who will determine that deploma in architecture and in interior decoration with 10 years experience in architecture service are whether equivallent or not ?
if u have any citation then plzzzzz cite it.example is a real case problem
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FOREST ACT
DEAR SIR,
WE GOT THE STAY FROM MAGISTRATE ON SHAMLAT DEH, ADJOINING OUR LAND, THAT THE FOREST OFFICIALS CAN NOT PLANT TREES ON SHAMLAT DEH, AND IN THE WRITTEN STATMENT FILES BY OFFICIALS OF FOREST DEPARTMENT DECLAIRE THAT THEY NEVER PLANTED TREES ON THE ABOVE SAID LAND, AND NOW THE INTERIM INJUNTION IS GRANTED BY THE COURT (SO THEY SAID THAT THEY NEVER PLANTED TREES ON THE LAND, NOW STAY IS GRANTED SO THEY WILL NOT PLANT TREES ON THE LAND) BUT BEFORE FILING WRITTEN STATMENT, THE IN CHEATING PLANT TREES ON LAND,(BUT SHOW MISREPRESENTATION THAT THEY DID NOT PLANT TREES ON LAND, IN THE COURT) NOW SOMEONE UPROOTED THE PLANTS, AND THEY SEND NOTICE UNDER SECTION 68 OF THE FOREST ACT FOR RECOVERY OF MONEY TO US,(AS WE SAID THAT(YOU HAVE NEVER PLANTED THE TREES, AS SHOWAN IN THE W/S AND STAY ORDER) BUT THEY ARE ENFORCING US TO ATTED THEIR OFFICE AND THY WANT REVENGE WITH US AS WE FILES A INJUCTION CASE AGAINST THEM, NOW WHAT WE CAN DO AGAINST NOTICE UNSER SECTION 68 OF FOREST ACT, AS WE HAVE STAY ORDER