raju
13 August 2024 at 17:09
An employee was working in private job for almost more than 6 years and the employer removed terminated without any notice or inquiry and also did not pay his salary and gratuity. The employee advocate filed civil suit under the specific relief act section 34 39 for reinstate with full back wages and mandatory injunction. My query is whether the advocate had filled correct suit as some one has confused me that case should have been filled under section 37 CPC summary of suit. Please advise.
Ajay Gupta
10 August 2024 at 23:49
One Amarjeet Singh sold me a property in the year 2015 .After a year ,he also transferred the same property in his bhabhi's name Baljeet Kaur by fraud .Baljeet Kaur is the judgment debtor in some case and the execution proceedings whose property has been attached. Actually I am the previous owner in possession of the property attached. Now I have to move an application in the execution proceedings .Kindly send me the format of application under order 21 rule 58 in this regard. Thank you.
Hari Konanur
06 August 2024 at 22:36
Namaste sir
1. My father purchased 1200 sqft DC converted site in the year 1997 at Bangalore North Kodigehalli
2. In 2003 the Khata document related to DC converted site was obtained from City municipal council
3. DC conversion meany Deputy Commissioner converts the agriculture land into Residential site for house constructions.
4. In 2005 My father executed gift deed in my name and plan saction with necessary permissions are obtained for Home construction
5. Within 2006 Feb House was constructed and occupied the house
6. Now still house is under meagre Home Loan
7. I heard news from my neighbours that earlier landlords are planning to file case gainst the house owners.
8. Our layout is fully developed with house constructions and hardly very very few vacant sites are left with no construction activities.
Our doubt is ;; Is it possible to file case againt the house owners at this juncture
Please advise
Regards
Hari
Anonymous
05 August 2024 at 21:11
My wife got selected as teacher in group C post and joined on 28 July 2024 in the department.
I already have my ews certificate issued on 5 June 2024 for session 2024-2025 on the basis of income of financial year 2023-2024 , now she wants to apply for Group B teaching post. Can she still apply under ews category , as in the advertisement ews certificate for session 2024-2025 was asked to submit. Please clarify asap.
Anonymous
04 August 2024 at 12:01
परिवार की संपत्तियो का पारिवारिक सदस्यो के मध्य कोई कानूनी बन्टवारा नही हुआ है क्या ऐसी स्थिति में भी कोई परिवार का सदस्य स्वयम के नाम से कोई संपत्ति क्रय कर सकता है और क्या वह अकेला स्वयम को क़ानून मान्य एकल मालिक मान सकता है यदि उत्तर सकारात्मक है तो ऐसा कब व किन परिस्थितियो में माना जायेगा ?
Anonymous
03 August 2024 at 09:03
Neighbor is doing scrap business creating nuisance. Is the civil court (Sub Court/Munsiff Court) has jurisdiction to restrain the fellow from doing the scrap business in a plot wherein only residential permit is granted by the local authorities ? Any judgement to substantiate this ?
JEGADEESAN
29 July 2024 at 22:49
Sir
I would like to clarify some doubt regarding Women Rights under Hindu Succession Act .
Actually My Grandfather namely S. Perumal bought some property to the extent of 37.5 cent from each son, out of total 75 cents belongs to a family .
Originally the property was bought by E . Murugan & he has died in 1972 without written any will or settlement & he has leaving behind him , totally 3 daughters & 2 Sons ( Namely 1. Thiraviyam & 2. Sivan and his wife .
Thereafter S .Perumal has got the Sale deed on 26.11.1974 (Vide Doc No 2158/1974) from Thiraviyam to the extent of 37.5 Cents
& another one Sale deed in 1.6.1975 from Sivan to the extent of 37.5 Cents Both of them sold based on oral partition between family members and sold for family purposes.
In between the above Murugan's daughter namely Sornam & Lakshmi (After their marriage )Executed a sale deed in favour of Manikkam on 26.11.1974 (Vide Doc No 2160/1974) to the extent of 30 Cent mentioning that Legal heirs of Murugan and claim 2/5 share of total 75 Cents . ( The same portion of land has been already sold by her brother Thiraviyam & it has been clearly mentioned in the sale deed with exact boundaries)
i.e. They have claimed without considering her mother even she was alive at that time and also oral partition existing between their brothers as equal share of total property between the brothers ( male legal heirs only).
Now I want to challenge the right over the above property against Manikkam Since he has got the land by forgery sale deed on the following grounds
i.e. 1. Once again executed the sale deed even the same land was already sold ,
and
2. sale deed executed without considering oral partition between family members,
and
No right to females while the land was already orally partitioned and also married daughters have no right to claim the property ( Since they have married before 25.3.1989 )
1.Am I correct with the provisions of Hindu Succession (Tamil Nadu Amendment Act 1989) Act?
2.What will be possibility of winning chances of this case ? Mostly or 50:50?
Suwarn
29 July 2024 at 20:44
I am Male 40 years Old. In An Major road accident My Father, Mother & My Married Sister along with their husband(My Jijaji) died.
Now only i have survived along with My wife and my Sister's two children aged 20 Years & 22 Years. My Father has self acquired Property in his name. So now who should be legal owner of My Father property? if no will is there.
1) Is it me only?
2) Or even My sister's children have stake in same?
Also want to inform My Father's Dad & Mother(MY Grandmother & Grandfather already died 10 years before accident) And My Father two Real brother.
at your mercy
28 July 2024 at 15:51
1. I bought a property through an auction under the SARFAESI Act and received a sale certificate and possession. The Indian Bank, as the secured creditor, got an eviction order from the Chief Judicial Magistrate (CJM) of Salem on 09/11/2021 to help you take physical possession of the property.
2. After taking possession,I did some repairs, updated the property records, and completed the necessary registrations.
3. On 23/01/2024, the original borrower forcibly entered the property, breaking the locks, and is currently occupying it. my belongings are still inside.
4. I filed a First Information Report (FIR) with the police, but they were uncooperative and delayed registering the FIR by 60 days, only doing so after you approached higher authorities. The court has now recognized the crimes committed by the borrower.
5. Ifiled a writ in the Madras High Court, which advised using Section 14 of the SARFAESI Act in the CJM court. However, some lawyers believe that since this section was already used by the secured creditor, I cannot use it again. I have also filed a civil suit under Section 6 of the Specific Relief Act (SRA), which is yet to be heard.
6. The borrower's case is still pending in the Debt Recovery Tribunal (DRT), and he has been delaying the process with various applications. He has deposited some drafts into the loan account, but they couldn't be credited because the account was frozen. Now the amount is in a temporary account. The borrower is making claims about the reserve price and notice issues.
7. I am considering filing a contempt of court case in the CJM court, which had issued the eviction notice, due to the borrower's actions.
please advise thanks
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
sa fiiled before 4 years still heard
A friend of mine at Salem became successful bidder for a property from Indian Bank and got salesale certificate registered and as wel as possesion through DJM court 2 years back. The beauty is the borrower had challnenged the sale notice on the basis of low price and justifying default payments due to Covid. But depite a conditional stay given for payments, he did not comply and hence the sale process was done as the time barred. But the old SA filed 4 years before challenging sale is going on with a clear intend to stretch with reposting . It is more than a year the presiding officer at DRT coimbatore is not available.
My quetsion how an appeal challenging the sale notice still heard in the same court which allowed sale. It appear very evidently the advocates clubbing together to keep the cases pending. Also as the case started the advocate took lump sum of 25K saying for the case. In between he keeps asks money for some frivelous petition filing and eventually the case gets rejected on the same first day !
PLEASE advise further course of action to bring it to end