barun deka
14 December 2009 at 20:00
a builder was engaged to construct an apartment building in my client's land. apart from monetary consideration my client was given an apartment for the value of the land. now it is discovered that the builder has fraudulently taken a loan from a bank keeping the apartment allocated to my client as mortgage. on failing to repay the loan, the bank authorities are trying to get my client's apartment attached. the bank has approached the DRT and we also have been made proforma defendant. any decisions supporting my defense?
joyce
14 December 2009 at 19:50
I wanted to file a writ petition in HC, under sec 226 &227 of constn act, seeking benefits of DCRGs, pension plans etc..for the retired aided govt employees.some empoyees took the reward amount in the year 1999,under the writ petition, that time my client could not file a case, now it is 11 to 12 yrs past, he want to file a case. can he get same remedy ( award) for same cause if writ is filed? Whether any question as to delay of filing raises? so what are the geniune causes to be shown to get thru the problem of delay -laches. Some good High court Practising experts plz guide me.
SATYANARAYANA K
14 December 2009 at 15:37
My client is a one of the member in Dwakra Group, she is educated person, hence she formed a Dwakra Group (with 10 members Gathered) and used to give finance to the poor persons and later recovered with interest mentioned by the Govt,and deposited the same into Bank, now in that Group 8 members voluntarily decided to remove that person form the Group and they wanted to introduce their some relations,my query is (1) she rejected to remove from the Group, she wanted to continue in that Group, what is the remedies available to her, (2) she wanted to file a case in court, or if file in Lok Adalat is there any benefit. kindly give advice, waiting for your valuable suggestions. Thank you for all
SANJAY JAIN
14 December 2009 at 12:10
Our Company’s head office is in Haryana but registered office is in Delhi. The import export licence was denied or not responsed by the Authority in Delhi. The Company now intends to get relief by invoking High Court’s jurisdiction to pass the suitable directions to the licence issuing authority for issuing licence.
1. In such circumstances whether writ petition would appropriate,
2. In such circumstances whether Delhi high court jurisdiction is proper or Punjab & Haryana High Court,
1. Whether for instituting suit, the formalities under section 80 regarding serving two months notice is necessary,
2. Whether there is any court fee for preferring petition for getting issued writ against licence issuing authority.
Please advise urgently.
S JAIN
queryking
12 December 2009 at 19:44
suit for specific performance of the agreement, the defendant was trying to sale the property, i rushed to the court without givng notice to the dfendant filed the suit for specific performance of the suit. suit was dismissed , the trail court given the reason that i have nto given notice and i have proved readyness and willingness, i filed the appeal it is posted for arguments. is is necessary to give notice? any citations?
queryking
12 December 2009 at 19:28
can i get injunction against the co-parcener not to dispossess me from the ancestal properties?
any citations?
i heard that the co parcener can not seek injunction agaisnt the other co-parcener.
thanks in advance to everybody
queryking
12 December 2009 at 19:26
is it necessary to mention the provision of law in the notice to Municiplity, if not mentioned what is the consequences?
any citations?
Rahul
12 December 2009 at 17:54
Plaintiff make me respondent with some other persons & a summon served on me and I appeared before the court but plaintiff is not filing summon for service on other respondents and i m in hurry for disposal of the case. Now what can i do.
Rahul
sanjeev
12 December 2009 at 14:17
Dear All,
I want to know that Can a person use photocopy of any paper on behalf of them suit has been done after assessment order (Case resolved) by an civil court again for suit.
If yes what is the procedure.
Sanjeev
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Tenant Eviction
We have a flat in Delhi under joint ownership of my mother (sr. Citizen), wife and self. This was given on a 11 month lease to tenant for Rs.9000/- which expired and another 11 months lease for the same was signed on same terms and continued. After this expired, there have been requests and delays to vacate and it is now 15 months over that lease. For the past 7 months the tenant is not paying rent (earlier it was cheq. payment) and calls the police (tells them he is being harrassed) when we go and ask for rent.
Please note that the lease agreements of Rs.50/- had not been registered in court or stamped by any notary.
At this time we have served a Lawyer notice indicating termination of tenancy which has not been accepted by them thru' courier or reg post and the regd. post return mail has not come.
Questions:
(a.) How can we evict him. How long does such a legal case take on an average. How much should it cost. Is there any way we can speed up the proceedings.
(b) How can we protect ourselves from fake police complaints.
(c) Can the Police help us in resolving the issue.
(d) Are we having sufficient grounds to evict him legally based on the type of lease agreement signed.
(e) Since the tenancy has expired, do we have a right in having water & electrcity services to our flat put on suspension.
(f)I would also like to bring to your kind notice that the tenant caused a similar problem in his earlier occupancy. Can this be used to strengthen our case.
(g)The tenant also has a built up flat in another part of Delhi. (pending posession for an balance due)
(h)How can we inspect the house to ensure he is maintaining it well.
(i) is there a way we can recover rentals if he just slips away ( we do not stay in that flat)
(j) what documents and data should we keep ready to ensure that the legal case is resolved fast.
(k) Is the Resident's Welfare Association authorised to help in this case.