Mr Sreejit
08 July 2018 at 20:08
Dear Veterans and Experts,
Greetings from Sreejit,
Can anybody pls explain if a suit instituted with infirmity as described under O 4 R 1, it., if O 6 and/or O 7 not duly complied with, it is said in O 4 R 1 (3) that the 'The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2)'
Does this mean the suit is liable to be dismissed and the infirm Plaint 'In-Limine' liable to be rejeected/dismissed ?
By any measure, the impositions under O 4 R 1 r/w compliance to runes under O 6 & O 7 amounts to the effect of REJECTION OF PLAINT O 7 R 11 (d) which states 'where the suit appears from the statement in the plaint to be barred by any law;' [whereas, law, here include CPC O 6 & 7 too]
Any clarification required is welcome.
One request to experts, please avoid comment as 'I GO WITH THE EXPERTS' it is so awful one.
Thanks,
Sreejit.
S. S. Rathi
08 July 2018 at 18:20
RES. SIR
I MA DEFENDANT IN DISMISSED SUIT, NOW I WANT TO RECOVER EXPENSES AMOUNT AND FILE HARRASHMENT CASE
CAN I AM FILE IT MY HOME TOWN, AND WHAT IS TIME LIMIT
PLS GUIDE
Arun Kumar
07 July 2018 at 22:13
'A' father gifted his immovable property to 'B' son.,through irrevocable gift deed.
On the next day itself he cancelled the gift deed unanimously and gifted the same property to ' c' another son.
B filed a declaration suit asking to declare the cancellation deed and the gift deed excuted by the father 'A' to 'C' null and void.
B was succeeded in the case i.e in the sub court and the district court.
Now the matter is pending before high court for second appeal.
Meanwhile B Applied for patta transfer based on the decree of the district court.
But the tashildar rejected the application stating that "the matter is pending before high court,so we cannot issue patta".
1)Can a tashildar reject the application of patta transfer if the suit is pending before high court for second appeal?
2) if not what is the remedy?
c.j.sharma
06 July 2018 at 14:18
hello,
sir /madam, the baikhatijabai haji ebrahim tayyabji trust was gave the permission of their property to sell by joint charity commissioner was 620 sq.ft.But the said trust sold the property upto 1087 sq.ft.including the common lane between the two property.when my father registered the case in joint charity commissioner,the officer told that now the trust is under wakf board maharastra.when we complaint in the wakf board ,the wakf ceo cancelled the sale deed.The trust said it is not register with the wakf hence the order of wakf is not applicable to them.what to do.
Aakash Chauahan
04 July 2018 at 00:51
Note:Grand father, his only son and two grand daughters are dead.
Does the grand daughter have any rights over the property of her grand father?
Does the children of the grand daughter have any rights over the property of her grand father ( the grand daughter is dead)?
Pls reply..
In point of view g.daughter may have rights, but after the death of her the children may not have any.
Anonymous
02 July 2018 at 15:39
Searching (extracting) Property Case #
Hello,
There is a Property in Dehradun regarding which Court Cases are going on in Uttrakhan High Court & other lower courts also. I know this for sure.
But I only have the Property Address & not aware of the Court Case # to get all details.
Tried searching with different Party names on http://ecourts.gov.in/dehradun but nothing came up. Please guide & help to get the Court Case #.
Anonymous
29 June 2018 at 09:26
In 2000, my mother purchased house as per the pre decree dated on 1998 from all the share holder of the house and the party of appeal but one of the party went to high court in appeal on 1998 and appeal get pending. In 2015 one of the share holder file for final decree and plender comissioner come to measure the house but adjound. My mother file objection in sub judge but judge pass order that my mother is third party and she purchase during the pendency of suit.
lokesh
28 June 2018 at 11:22
I am planning to build a temple on my own property in Residential Area of Goa. I have few questions
1> Being it's on my private property it would be open for the public to visit and eat (probable canteen by pandit not sure if Gaushala is permitted in that area ) should i have to create Trust and which as I don't want, other to intervene in it beside my children and their future generation. There has been the case in Goa that family were thrown from the trust and property built by there great Grandparents.
2> If i have to build trust can i have my own house to stay there
3> Planning for stay facility for outsiders like me to stay in Goa as even i am not a Local from goa and have to stay in Some relatives place.
4> Someone told that you have to take few forms like 80G form for exemption from tax u/s 11 and such forms are costly which can range to lakhs each and for this form you require 3 non blood relation members as Trustee (Just had a doubt about it as his close relative is Trustee of few Temples ).
5> In Private temple(WIth no trust or Trust where all trustee are blood-relation members ) can i ask for a donation or can i ask pandit to perform pooja for outsiders in my temple
I have not moved to any lawyer first i thought i should get some information from Forum
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To attend cat by govt servant in person to argue his own oa
sir, if a officer filed a OA in CAT for his grievances against department and appeared in person on hearing date. whether the day is required to sanctioned leave or will considered on duty for his grievances before court. how it will be considered. department is harassing him by spending leave which will be encased after retirement. department moto is only to financial harassment. what will be situation and how to deal. please.