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jains   01 October 2022 at 08:38

Commission for local investigation in appeal stage

Can an advocate commissioner be appointed to note down the current state of subject matter in the appeal stage?

B.Seshadri siromani   30 September 2022 at 18:35

Fling procedure

how to get enlargement of time in court in resubmission of returned petition filed 5 of limitation act? can we resubmit along with petition u/s 148 r/w s.151 of c.p.c.? Is it enough? please answer.

Sourabh Soni   28 September 2022 at 17:09

Notary agreement with home possession

Respected Sir kindly Help me .Me and my Family is facing a very Critical situation due to which we are so depressed. I am here Explaining my situation so please I'm requesting You to pay Attention and give me the solution. My Mother has buy a land of 3-dismil by NOTARY AGREEMENT in a Stamp paper of 50rs with Mangal bhuiya owner of that land .He selled his 3dismil land to us with AGREEMENT and we had given him 2lakh earlier and only 1lakh remain and we discussed that we will give him 1lakh when we do the Registry .Then we built our House in 2011 but here the Big problem is the Owner of that land who has selled his land to us was died and we only does the AGREEMENT we helplessly not done the Registry and the owner of that land died in 2013 and his land belongs to his wife in 2015-16 and then his wife neglected to do the Registry, According to that AGREEMENT we have to give her 1lakh only but she denied and Demanded 3lakh ,,we are middle class family we don't have that much money at that sudden time so we ask her to give us few time so we can manage but she Ignore and file Case in Tehsil court and also they win that case because we not present in tehsil court because of no notification given by tehsil . Sir she was demanding that much money and if we ready to give her money but the Problem is Registry not can be done because THE CHHATTISGARH STATE GOVT. has declare them in Schedule Tribe and help of National Commission of Schedule tribes Notification File no. 17/10/inclusion/2013/RU-III (2013 notification) and there caste is "bhuiya" and denied for taking bhuiya land .And in Registar Office ,This Bill "The -Constitution-Scheduled-Caste-and-Schedule-Tribes-Order-Amendment-bill- 2016 "has not Pass in Loksabha its lapsed but state government has given them All the Rights of Schedule Tribe. We have no problem of this not what is our fault sir we poor class family have no option to save our home, Then we Apply in SDM court the case runs 4years and there also we are failed and then now we file Case in COMMISSIONER court but sadly the bad new is union cabinet has given the Approval for them to Added in Schedule tribes on 15 september 2022. Please Sir kindly requesting you too Help us .We are Poor , Sir my father occupation is Driving bus we are not rich ,by facing this critical situation day-by-day we had collected 4lakh in 8years .Now they are Demanding 5lakhs we manage and ready to give 5lakh but I want to Ask Registry how can be possible .But how Registry can be done too our name ,we are General and Also we had built our Home, me and my Family stay in this home,,Sir we are Poor and we don't have any other land and house,we are so depressed please Help.

Sourabh Soni   28 September 2022 at 00:54

Notary agreement for land but owner died

Sir meri mother me jamin liya notary agreement stamp paper 50rs kiya aur ghar banwa liya 2011 me Jinse jamin liya wo mar gye 2013 me unki wife ke naam jamin hua 2015 ya 2016 me
Unki wife registry karne se inkar karne lagi agreement ke hisab se hame aur 1lakh dena tha but unka demand 3 lakh tha hamare pas 3 lakh tha nahi uss samay to unhone tehsil court me case file kiya aur jit gai hamre side se koi pes nai hua tha uss samay par, But sir ek to jada pesa demand kar ri thi aur agar ham unka demand maan bhi lete to registry nai ho para tha chhattisgarh state government ne unko schedule caste maan liya aur notification jari kar diya unke bhuiya caste ki jamin hamare naam karne se inkar kar diye registrar office me
https://prsindia.org/billtrack/the-constitution-scheduled-castes-and-scheduled-tribes-orders-amendment-bill-2016 ye bill pass nahi hua phir bhi state ne unko schedule tribe ke rights de diye, ham sdm court me appeal kiye waha bhi har gye case chala 3 years ab commissioner court me case hai aur ek bad news ye milra ki cabinet ne approval de diya hai schedule tribe me add karne ke liye 15 September ko
Please help kare sir abhi unka demand hai 5 lakh ka ham dene ko tayar hai par registry kese hoga hamare naam pe ham general me ate hai aur ghar bana ke reh re garib hai aur kahi jamin bhi nai hai

Anonymous   27 September 2022 at 22:26

Return of gold ornaments

My live in relationship partner has taken 120 gram gold ornaments from me.I have filed 406 & 420 IPC, but item is not returned.It is proved that opposite party has dishonestly use my gold ornaments.

Can I file any civil suit for claiming equivalent amount of money with interest & attachment of property before & after judgement ?

Anonymous   25 September 2022 at 16:15

Money recovery from wife

Sir,
Due to love & on good faith I have given Rs 5 lakh as loan to my wife. The amount was given to her via NEFT payment one year age.

Now she is saperated from me & refused to pay by saying it was given to her as gift.

I have no written contract with about the loan since she is my wife.

Can I file summary suit against her ?
I have only bank statement record.
Without any written evidence can I win the case ?

Anonymous   23 September 2022 at 21:14

Binding agreement

Our close relatives an Uncle and his nephew are residing .in Uttar Pradesh in a house in the name of the nephew but some amount was paid by uncle also when the house was purchased. Now the nephew is selling that house and asking his uncle to vacate the house and assures his uncle that he will pay and amount of rupees 15 lakh to him when registry of the house is done. However, the uncle does not have faith in his nephew, who is a crook The uncle apprehends that the crook nephew will not pay him anything after registry once he vacates the house.

Please advise whether an agreement at the time of vacation of the house by the uncle before registry can be entered into between the nephew and the uncle binding the nephew to pay Rs. 15 lakh to the uncle after he receives the selling amount at the time of registry. If so, please advise
1. What will be the value of stamp paper in Utter Predesh on which such an agreement should be entered into.
2. Whether such agreement is required to be registered.

Besides, what other Options are available to the Uncle by which Nephew can be bound to pay Rs. 15/- lakh to the uncle after he receives selling amount on registry of the house.

m.satyanarayana   22 September 2022 at 23:03

Change of counsel/advocate after death

Sir,
I engaged advocate for my partition suit after preliminary decree. My advocate filed application for metes and bond and for passing final decree. I got my file back from his son and juniors after death of my counsel.My case stood pending from there onwards also corona pandemic I faced financial problems could not proceed. There is no pending dues to be paid to my advocate.
Now when l approached new advocate to take up my case he is insisting on death certificate at least photo copy. My previous advocte lawyers refused death for unknown reasons. My previous advocate laywers juniors who have not signed on my vakalatnama advised me to file memo or affidavit in the court along with new advocate Vaklatnama and no death certificate required. There is no NOC when advocate dies.
Please kindly advise me court legal proceeding I am confused and unable to get correct information.

M.Satyanarayana


Ashesh Singh   20 September 2022 at 18:44

Permissibility of amendment in prayer clause

I have filed a Civil Misc. Appeal before the High Court against the order passed by the District Judge. I need to add relief in the prayer clause of the stay application. The reason is only that the prayer clause as it stands is not properly worded and one relief has been left out inadvertently which in ordinary course seems very reasonable and it in no manner changes the nature of the appeal/stay application. I believe that such amendment is permissible under provisions of CPC. I would be highly obliged if experts on civil side may be gracious enough to provide proper guidance and suggestions. Regards

Anonymous   19 September 2022 at 18:12

Benami property transaction act

I was live-in relationship with an women for five years during pendency of divorce from first wife. One child was born between us. I have purchased a big house in the name of my live in partner. Soon after purchase, she leaves me & remarried. I asked her to return my property & she refused. I filed 406, 420 IPC claiming to refund of my money invested in that house as money was given to her as loan. She did not refunded my money/property. Now she wants to sale the house. Can I file declaration / title suit & injunction for house purchased in her name ?
All documents available that money was paid to her by me.
Is this is benami property ?