Kiran Kumar
01 October 2008 at 20:44
well friends, i ve got a very important point to discuss with u, pls oblige by responding.
A files an Ejectment Petition under East Punjab Urban Rent Restriction Act against a tenant on the ground of personal necessasity of her son and secondly on the ground of delapidated condition of the shop in question. Petition is filed in April 2005 and finally argued in September 2008.
The Rent controller dismisses the petition on the ground that the affidavits produced in the form of affidavit are to be rejected because of defective verification, citing further reason that the petitioner and other witness have verified the affidavit as'....true and correct to the best of my knowledge and belief', and this is incorrect verification because it is not explained what portion is out of knowledge and what portion is out of belief. Order 19 Rule 3(1) CPC
Now, my query is when the affidavit was tendered into evidence, court scrutinised the same and found it correct thus taken on record, no objection was raised by the opposite counsel further the petitioner and the witness were subject to cross examination and no objection was taken then also even suggestion to this extent was never given. Whether the rejection of affidavits at this stage is correct? It is pertinent to mention here that the rent controller though read in to the cross examination of the petitioner and only that portion which was against the petitioner.
Whether another opportunity should ve been granted to file additional affidavits?
What is scope in appeal?
Whether CPC strictly applies to rent matters?
Whether appelate court can grant opportunity for additional evidence?
Whether procedural law shall affect the substantive rights?
When evidence is supposed to be on oath only then whether verification is necessary?
pls reply as soon as possible.
Regards,
advocate satya
30 September 2008 at 12:58
sir
what is the procedure if someone working as manager in a company removed from the company without notice. do he has to approach high court or district court and under which section and which act he can file his case?
KamalNayanSaxena
28 September 2008 at 17:31
Are the LR's of nominee have legal rights over small savings in post office.
Apurva Kumar
28 September 2008 at 14:50
Problem;
-Dispute b/w the franchiser (a reputed telecom co.) & franchisee
- I am from the franchisee side
-Points;
-Existing agreement valid till 2010.
-Company is pursuing the franchisee to sign a new agreement.
-Franchisee apprehension is that by the new agreement and norms there payouts (commission) might decrease drastically.
-Issues;
-The co. without any bilateral agreements has started payments as per the new proposed agreement. Without holding any meeting or listening to the franchisee i.e. very much acting in a monopolistic way (hence franchisee apprehension were true).
-Steps Taken Till date;
- The franchisees (7 in no.) have jointly served legal notice to the co. in reply to which they send a very casual and general reply wherein they have falsely denied the allegation prime facie.
-They have referred a certain clause of the agreement wherein they have all the rights to change any clause by giving a circular or notice. (Seems to me they are acting in a very professional manner)
-Question;
-What is the need of such bilateral agreement when there is such hidden clause which they can use as a tool to serve there own interest at any pt. of time?
-Relief;
-My arrears
-My earlier blocked payments with interest.
-Last but not the least if at any time they want that they are not willing to work with me they can terminate the deed by giving me my all the arrears along with my guarantee money. As there is no future with such co. who has no work culture and professional ethics.
-Any suggestions where to sought relief from either MRTP,TRAI,WRIT,or Simply Dist Court? And what to do after legal notice where to go please help me step by step as I am new and confused please!
Regard
Apurva-Kr
Advocate,Patna High Court.
mastanrao.bhogadi
28 September 2008 at 14:21
Sir,
a decree passed by small cause court can be transferred to regular side for attachment of immovable property in view of amendment to Sec42 of c.p.c.
allurisivajiraju
27 September 2008 at 21:52
Respected Seniors,
In a civil case after obtaining decree the DHr attached the the amount which was pending in the hands of Garnishee which was belongs to the JDr.
After that the DHr filed a petition for sent for the attached amount to the Court. After receiving the Notices from the Court the Garnishee not sent the said amount to the Court. Eventhough there are 5 remainders sent the Court to the Garnishee to sent for the said amount to the Court.
Recently the DHr filed a Petition against Garnishee U/S 2 (b) of Contempt of Courts Act, before the Senior Civil Judge's Court since the matter was pending before the Senior Civil Judge's Court for willfull disobdience of the Order of the Court by the Garnishee.
But the said petition was returned with an aendorsement " this Court has no jurisdiction to try the Petitions under the provisions of the Contempt of Courts Act.
Now what is the remedy to the DHr. If any decisions for the jurisdiction of Senior Civil Judge to try the above said petition please refer the same.
Thanking You Sir.
advocate satya
27 September 2008 at 13:15
sir
if the opposite party asks an adjourment of the case to another date due to some cause what is the minimum cost the judge should impose as per the consumer protection act? is is minimum 500 as my knowledge is concerned as per the act?
advocate satya
26 September 2008 at 13:41
can insurance company deny the claim of theft of a vehicle in which CNG was fitted but not endorsed in RC of the vehicle? is any clause is there?
/
sanjay kumar patibandla
24 September 2008 at 22:23
The owner of the vehicle paid premium for insurance for third party also on 23.01.2008 at 3.30. P.M.
Insurance company issued a policy by mentioning the coverage starts from 00.00hrs(midnight 12 A.M) of 24.01.200812 A.M.
But the vehicle met with an accident on 23.01.2008 at about 08.00 P.M
Weather the Insurance company is liable to pay compensation to the third parties. If Yes kindly mention judgments.
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property sharing
My mother has 4 brothers,and her mother is alive,my mother live on her fathers property for past 25 years, now her brothers dont want to give a share, so they are planing to share the property among them self, without my mothers knowledge, they are planing to write the house which my mother lives on to ealder brothers name,
is it possible to do like this ? if yes how to stop doing like this, without giving a share to my mother.
Regards
Ram