rk
20 February 2009 at 08:21
i have an uknown person who has removed my board from my flat and put his board claiming flat belongs to him , i have a court order (decree and Letter of admin) and flat is still in my fathers name what i should do logically how do i maintain my possesion , currently it has my lock and i am no staying for fear of physical threat to me
rk
20 February 2009 at 08:14
hello,
in which dept of court one has to submit report asked by in contents of letter of admin issued by court
secondly if there are genuine problem administering the said property,eg third unkown party is not allowing access flat by puttingup his hoarding claiming flat belong to him , this party never existed in original court case, turned up suddenly , will court take action or one has to file a seperate case for that
V.V.RAMDAS
19 February 2009 at 23:45
Sir/Madam,
Would you like to clarify my problem? My problem is - a Plaintiff filed a suit for a path/way from his house to road intervening a government land over which 8 quarters exist with a prayer to declare his right and to demolish the 8 quarters along with perpetual injunction. Ultimately the court decreed in his favour and he filed for execution of the decree. So my question is can this decree is executable without a separate prayer of Mandatory injunction. If yes kindly do provide some citations of any High court or Supreme Court. Waiting for your valuable reply. -Ramdas-
V V SATYANARAYANA
18 February 2009 at 22:36
Sirs,
As per proviso to Section 60 (1) (i), where any part of the portion of the salary is under attachment continuously or intermittently for a period 24 months, that portion of the salary is exempt from attachment for a further period of 12 months. It continues to read as if any attachment under the same decree, continued continously or intermittantly for a period of 24 months, that decree is exempt from attachment.
I have a point to ask to my learned friends that if under X decree a deduction continued for 24 months from 1.1.2007 to 31.12.2008, can a deduction under Y decree received in the month of February'2009, be made from the salary for February'2009.
Shall be thankful for clarification in the matter.
Ramesh
18 February 2009 at 12:35
Defence Authorities had taken over the lands from inamdar, on lease in the year 1963 after fixing the Lease Amount.In the mean time tenant on the land goes to The court and matter was finally settled as a compromise as 60:40,the court also agrees for the compromise settlement and disposes the case.
When the parties approached the joint collector for issue of patta certificate,he raised an objection saying "The applicant/s should be in possession of the land s on the crucial date of vesting i.e, 1-11-1973" . Accordingly he disposes the case in favour of Defence Authorities.
My question is, can Joint collector take such decision, on legally leased land to Defence Authorities.
The parties again approached the High Court for JUSTICE.
Jithendra.H.J
17 February 2009 at 23:02
a suit for possession was filed by the land lord against the tenant, when the case was posted for judgment, the tenant has filed application to set aside the exparte order, and prayed for the permission to takepart in the proceedings, but the application was rejected, the court has given the reason that the "once the suit is posted for judgment cannot be reopened", judgment was pronounced against the tenant.
tenant has filed the appeal, got stay order.
the stay order passed by the appellant court is as follows:
"the execution and operaion of the judgement and decree passed in O.S---/-- dated--/--/-- on the file of the ----- are hereby stayed till next date pending disposal of IA No.1"
subsequently the land lord has filed the execution petition, the tenant has appeared before the executing court and has filed the certiied copy of the stay order, the learned judge and the learned counsel for the Decree-holder(land lord) are saying that the stay order is not in force as it is stayed only till next date of hearing, contention the JDR is that it is stayed till pending disposal of the IA,
(judge is asking for the citation!)
what is your opinion is the order is stayed only till next date of hearing or till disposal of the IA-1?
Manish Singh
17 February 2009 at 12:22
Dear Members,
Could you please provide me any citation where the SC has interpreted the term "Obstruction in duty of a public authority" in detail.
Thanking You
Manish
rk
17 February 2009 at 12:08
what is procedure to inform court, on letter of admin. issued , asking the administrator to report about inventory of property in whose context it was orignally issued by court , is there a format
and whom or which dept in court one can submit
does this also require a lawyer ?
rk
17 February 2009 at 12:05
how to enforce letter of administration issued to me for flat acquired via inestate state left behind by my father if thru court how , court issues letter of admin what is next step , who is to be approached ?
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execution of decree
pl advise what is meaning of
"execution of decree" is it always required in which condtions it is not required
i have a decree/ order, it doest not ask for execution of decree , does one still need execution of decree ?