Env Coord
29 March 2022 at 22:47
Hello Experts,
I am Decree Holder in a ongoing Summary Execution Case. Judge allowed my application to serve J.D. (opposite parties) copies of applications moved by me. My next hearing is on 21st April, 2022. My queries are as follows:-
1. If D.H. serves summons with copies of applications via registered post (A.D.) under Order V Rule 9A of CPC then is it necessary to file affidavit of service by D.H. ?
2. Is there any format in Code of Civil Procedure for affidavit of service of summons by Plaintiff or Decree Holder ? If yes which provision in First Schedule shall be referred to ?
3. Is it necessary to attached R.P.A.D. card or online postal report of delivery along with affidavit or only sworn affidavit is sufficient in order to qualify as good service of summons?
Awaiting expert advice.
Best Regards
VISHAL SAHA.
(D.H. in Regular E.P.)
Anonymous
29 March 2022 at 20:27
Respected Experts,
my friend died 2 months ago, he had taken a Business loan of Rs 50 lakhs from bank of baroda, I was the guarantor for the said loan, now the bank is giving me notice to pay the pending loan amount of Rs. 20 Lakhs,
I visited the bank and demanded " A copy of the Business loan Agreement " the bank refused to give me a copy of the said agreement.
respected what can I do now?
should I demand papers through RTI or Send a legal Notice Demanding the papers through an Advocate.
Anonymous
27 March 2022 at 11:13
My father transfer his property to my brother through gift deed.
After sudden death of my brother, his wife want to sale the property & send my father to out of his house.
Can my father go to court & cancel gift deed ?
Anonymous
26 March 2022 at 20:40
A person was hit by my car and suffered multiple fractures. IPC 338 was filed against me and currently the court case is still pending in court. I pleaded not guilty and requested for fair trial.
Now the injured and their family is not ready to settle the case (even though it was not my mistake and injured was walking in the middle of the road. Even took the injured to near by hospital and paid amount for first aid till their family comes).
Now the injured filed an MVOP case claiming huge amount from me and my insurer.
Now what should I do?
1. I have third party insurance coverage to my vehicle along with all valid documents.
2. If the court judgement is huge compensation, do I need to pay along with insurance company?
3. When the criminal case outcome is not yet decided, does the same trial happens in civil court.
4. If the outcome of criminal case is conviction, will I be sent to jail immediately.
Apologies for asking so many questions as I belong to middle class family and I am a high school teacher.
Shyam Manoharan
26 March 2022 at 09:03
If any of the learned lawyer or professional could provide the format in which I should put an application for commission to record the evidence in district consumer court, i will be very thankful. Kindly provide a sample format, if available.
Anonymous
25 March 2022 at 20:34
Sir,
I (father) have prayed for custody of my child ( 5 year old son), but opposite party is not appearing before court. She is living in adulterous life, her mother is complaining before police the she admitted that married again.
Will the court pass ex-party order ?
If ex-party order is passed, will police hand over my child to me ?
Swastik Upadhyay
23 March 2022 at 21:33
My drain pass(which is closed by a concreate lid) by my neighbor before entering the municipality drain everything was going on smoothly for last 12-15 years and there is no written commitment made in this.
Now suddenly my neighbor closed my drain and now I have no other immediate option which I can do? I talked with the neighbor but he is not aggreging
Please let me know what can be done in this case.
Anonymous
23 March 2022 at 13:23
CAN COURT DEMAND EXORBITANT COST IMPOSED EARLIER ON GRANTING ADJOURNMENT, WHEN IN REALITY SAID ADJOURNMENT WAS NOT TAKEN DUE TO ECONOMIC CONDITION:
My friend who is Disputant (Plaintiff) and his family member appearing in-person having Case pending at Co-operative Court, Pune. During the beginning of 2nd wave of Covid, in March 2021 on hearing he made an application to Court for adjournment as he is having Cardiac problem and a Co-morbid person.
Court while granting adjournment, noted that- “if further adjournment is to be granted it should be subject to cost of Rs. 2000/- to each to the Opponents (Defenders) to be paid forthwith. In view of this application is allowed”.
As there are six (6) Opponents (Defenders), means he has to pay forthwith Rs. 12,000/-. As he was economically not in a position to pay such exorbitant cost, he make a note on order that he is not in a position to pay cost. On the same day later on he filed an application further to continue with proceeding. Hon’ble Judge in his own hand writings also noted in Roznama that- “Disputant (Plaintiff) made a remark that he is unable to pay cost. Hence matter is kept for final argument. Later on Disputant (Plaintiff) filed application Ex: 21. Matter adjourned for reply of Opponents (Defenders)”. This Roznama also proves adjournment was NOT taken.
Now in March 2022, as my friend Disputant-1 got severe Skin problem and he was not in a position to go to Court. Therefore his colleague Disputant-2 (Plaintiff-2) went to the Court and apply for adjournment on the bases of Skin problem of Disputant-1. The Court while granting adjournment noted that- “adjournment is to be granted it should be subject to condition that the appellants shall make compliance of earlier order Ex: 5 before next giving date and proceed to argue the matter positively. In view of this application is allowed and adjournment is granted”. Here Ex: 5 is the order granting adjournment in March 2021 wherein total cost of Rs. 12000/- was imposed. But, it was not taken due to economic condition.
Respected experts are requested to give separate reply on below 3 points, which will help a lot to my friend, who is not sound economically.
My Query:
a) Whether Court can demand cost imposed in past for adjournment which was in reality not taken even as per hand writing of Judge in Roznama?
b) What can be done for the same before or on next hearing date?
c) Can it be said that order of Roznama hand written by Judge has nullified his own earlier order of imposing cost while granting adjournment?
kunhi marakkar
23 March 2022 at 12:44
One cheque bouncing case started in 2002. this case moved to LP because defendant went abroad.cheque written amount is 75000rupees.now defendant ready to face this case.if case go favour to plaintiff,then what will criteria on compensation?,how will maximum compensation usually?
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Maintenance after merging of two society
Dear All,
There were two housing societies formed in span of 10 years as society 1 comprising of two wings A and B. And later society 2 of c wing on same piece and part of land with same cts no. In Mumbai. After few years both society decided to merge and form one society.
After the merger new society was formed as Society X.
As society 1 had many assets including FD and others where as society 2 had less assets as compared to society 1.
My queries are
1. Can maintenance of members of society 1 members be different from members of society 2 after merger. Maintenance excluding the part of property tax and or any other tax fixed like parking
2. Two different accounts maintained for soc 1 and soc 2 and are merged at end of year for filing returns
3 what will happen to FD and assets of both societies after merger. Will they be evenly distributed amongst all members of new society.
4 the extra income from mobile tower of soc 1 will be distributed among all members of new merged society or it can be used and kept for members of society 1 in new society
Please guide
Thanks