Mohammed Rizwan Shaikh
12 September 2019 at 13:40
Hi,
A suit was filed to restrain the Defendants u/s 38 Specific Relief Act in a district court in June 2018 in respect to a land in Maharashtra. The Plaintiff's claim was based on a Muslim Gift-Deed from a husband (now deceased) to his wife. The Defendants (legal heirs) filed Counter Claim, all the contentions were false. The Plaintiff filed reply/ Written Statement. Further, the matter was kept for Arguments on Exhibits. The Plaintiff submitted the Exhibits. The Defendants did not submit their Exhibits.After a span of 15 months, the matter was heard on 11.09.2019. The Advocate of the Plaintiff argued but not upto the mark.in other words some points were skipped/ignored/incomplete/haywire although all the exhibits on which the Plaintiff relies are on the Courts record alongwith WS. The Plaintiff fails to understand what went wrong with the Advocate..The Magistrate has asked for ORIG. Gift-Deed and kept the matter for order on 30.09.2019.
Is there any way to fill the lacuna/gap created by the Advocate at the time of Arguments, before the Order?
As the argument was not upto the mark, will the Magistrate consider/refer to the WS?
As the Magistrate has asked to submit ORIG. Gift-Deed, should the Plaintiff submit it with a precipe before the Magistrate?
Will the ORIG. Gift-Deed be returned, as this is the only document on which the Plaintiff relies upon? How to safe-guard the same, plaintiff is skeptical?
What if the judgement goes in favor of the Defendants although the Plaintiff's case has all the merits? Can it be challenged in Aurangabad High Court?
Does Aurangabad High Court requires English Translation?
Your advice will definitely be very highly appreciated.
Mohammed R. Shaikh
Nishant Pandey
18 August 2019 at 14:02
Hello,
In 2016-17, I had submitted one blank cheque to one of my business associate to get registered and work as vendor for them in Bihar. They have given me work order and we both signed a work agreement in which it is mentioned that they will provide us materials for work execution (cheque was taken against materials only). Payment term says that they will pay 70% of the Bill every month and rest will be paid after client JMC and reconciliation of the material. There is arbitration clause in the end of the agreement as well.
We stared working and completed our project. The company asked me to return back the materials which where left according to their book, they claimed of around 140000/- value material was pending at me. I humbly submitted all the belonging available with me which even was not in their book which shows their book was not properly updated. After submitting all materials when I asked for my payment and reconciliation statement, nothing was given to me.
Meanwhile company has closed it's office from my district in Bihar and now working at Buxer.
Today on dated 18.08.2019, I have received one Notice claiming to return materials worth 600000/- within 10 days otherwise they will put my cheque for encashment failing to which they will file case of cheque dishonor. I have all supportive documents which proves that there is no materials pending with me and even my payment is outstanding on them.
Please advise me what to do? Will it come under sec 138 if the cheque gets dishonored?
Rgds!!
Nishant Pandey
VIKAS AGARWAL
25 July 2019 at 10:06
How to prevent commercial gym running in residential property.
Adv. Yogesh Pawar
10 May 2019 at 20:50
HI Experts,
Please reply to my query.
Facts- The plot admeasuring approximately 400 square was alloted by Municipal Corporation to Mr. A under a scheme, later the said plot was transferred by Mr. A to Mr. B with all the permissions and necessary requirements. Today as per Municipal Records Mr. B is the holder of the plot and is having lawful possession of it. Mr. B also constructed Ground plus three floors on the said plot. In year 2008 Mr. B died leaving behind his legal heirs. The Municipal corporation transferred the said plot Mr. B's wife. In year 2016-2017 wife of Mr. B allowed (orally) her brother (say Mr. C) to reside at her place for temporary period, later the Mr. C taking wrongful advantage of the health issues of B's wife, captured all the three floors except ground. Mr. C also rented the said premises to third parties without any knowledge to B's wife, even after number of requests Mr. C is not vacating the premises and instead of leaving the premises he is threatening them. B's wife and her son approached nearest local police, but instead of taking action against C police registered the offence of trespass against the B's wife and his son.
1. How to restore the possession of the said three floors?
2. What are the provisions available in Civil as well as Criminal law against the C?
Anonymous
16 February 2019 at 23:40
Someone has registered the fake bounce case on me.I have signed a sulahnama with that person regarding the close of case registered but infront of judge he neglects and says that he has not signed any sulahnama.Now what can i do?
AK Misra
08 February 2019 at 18:37
Whether a case can be filed in consumer form by home buyer if he has made a complaint in RERA?
J. Raj george
09 January 2019 at 21:12
SIR, my mother sold property of my property when I am minor she signed on behalf of herself and minor. Then immediately gave advocate notice to the buyer that the minors share will not be bound by the deed . He did not reply for that now am major and 10 years passed. Whether the notice is in effect. Whether the notice is binding him.
Srinivas Jerripothula
11 December 2018 at 19:14
Hi Sir,
I need one suggestion,
Is there any provision in the Registration Act that above 70 years old person can alone execute the register sale deed
Or she/he need any family member while doing the registration.
Sir/Madam
Kindly help me with the above query
Thanking you
J. Srinivas
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Order 22
I want clear explanation about consequences of death of one of several defendants in a suit, what is mean by 'right to sue' survives as stated in order 22. when suit is abated, need clear interpretation.