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Kumar Krishan Agarwal Advocate   09 July 2009 at 00:32

Perpetual Injunction

We have a ancestral property in which we are the legal coparceners. We filed an declaration with permanent injucnction suit against other legal coparceners for destruction of property and disposing of the property. The court gave an temporary injuction only and issue notice to other parties in Aug 08. Notice served and W.S filed in Sept 08. After that each time the court was giving 30-45 days extend of the temporary stay again and again on each dates. On dated 8-July-09 I requested to court to grant perpetual injuction but the Ld tribunal refused that after the arguments of both parties counsel only I 'll think to give it or not. I said please give this because the suit will be continued up to many years and in long proceedings.

A fresh suit of 'contempt application with Damages' filed in Aug 08 which also not given prompt action by the court and the Misc appl is still lying pending in the court. The opposite party is not stopping for the breaching the violations.

So what are the ways to get the perpetual injucntion and how the proceedings will be commenced.

In which direction I will have to proceed to get the speedy trial and interims order.






MUTHUKUMARAN   08 July 2009 at 20:27

ABOUT PROPERTY OF DESEASED FATHER

HELLO SIR MY FATHER OWN HIS HOUE IN CHENNAI THIS HOUSE HE HE BUILD IN HIS OWN SAVINGS . I HAVE THREE SISTER & ONE BROTHER . MY FATHER NO MORE . MY MOTHER & MY SISTER INTERESTED TO GIVE HER SHARE TI HIS BROTHER . NOW HOW IF MY FATHER WRITE NO WILL . HOW THE PROPERTY SHARE WILL BE DIVEDED IN BETWEEN BROTHERS & SISTERS EACH WILL GET HOW MAY SHARE ANYN CAN HELP ME THANKS KUMAR

Narasimha swamy N   08 July 2009 at 18:18

Mortgage

Can somebody explain is there way a to get property mortgaged released in spite of Limitation period as mentioned in the Limitation Act has expired(30years)

kanwar Lal   08 July 2009 at 15:56

attachement

if borrower having only one residintial flat and he is living with his faimily in this flat but there is not any HP agreemet with the bank. can bank/nbfc attach the house of the borrower after getting arbitration award if he is insolvent?
if no plz mentione latest authority regarding this matter.

Diana   08 July 2009 at 11:19

subjudice

if a matter is subjudice can evidence be asked on it further with respect to Art 20 of the constitution

kalyani choudhury   08 July 2009 at 03:43

Discharge of an advocate

I have changed my counsel,

My former advocate wants me to sign on a 'NO DUES' before he returns my case files.
He says a draft lies with every advocate and is present with the Bar council of India.
Can any of my learned friends give me a copy ofthe draft so that I may sign without fear of any manipulation by him?

I have asked him to email me the draft but he refuses to do so.

Worried,

Kalyani

Dr. S________   07 July 2009 at 20:37

Defrauding/cheating on property Purchase.

am a British citizen of Indian origin. I went into an agreement to sell my family house in Delhi and received token money/biyana. I asked my relative “A” to act as my agent to find my house in Noida, which he dealt with the help of his friend and property dealer “B”. On asking for his commission, he said it would be a “cup of tea”.

In August 2008, I agreed to buy a property in Noida, through A and B, and verbally agreed the price “X” and biyana in the sum of “Y”. I left for the UK on the same day. The next day, A and B sent 2 men to get the cash Y from my brother who rang A who confirmed to give the sum Y and promised to send the written agreement the next day. My brother followed these instructions. The deal was to complete on 30 Oct 2008.

I kept asking A to give the written agreement to me but he always postponed on some pretence, until recently. Following this, due to the credit crunch, my buyer could not come up with remaining consideration to complete the deal. As a result, I am also unable to complete the deal on the property in Noida.

I was still trying to get a written agreement from A at this time. He said that this agreement is in “safe keeping” with his friend B and that if I insisted on getting this he would not help me in this matter any more.

Later, A said that I had to pay at least 4 times Y to get the written agreement. He also said that he had to pay several Lacs from his pocket to get the extension done in order to complete the deal. With much agro, he gave me a photocopy of the agreement in which the property was not bought in my name but in the name of B (property dealer). I was never told about this. Also, the purchase price on the agreement was almost 30 Lacs less than agreed with me (30 Lacs less than X). The token money, however, was 51,000 Rs more than agreed (51,000 Rs more than Y).

I feel that A and B have been co-conspirators in cheating and defrauding me. I live in the UK. What should I do?Wish to clerify further;
1. I should first send the legal notice. I understand it is sent only by lawyer. Does the legal notice gets registered any where i.e. Court etc.
2. Can I not send FIR without sending legal notice.
3.If I do video/visual recordong, does it not have to be given to police with FIR
4. What is the use of sending the copy of complaint to Indian Embessy in London. Why should I not send the copy of complaint to British Embessy in Delhi and American Embessay in Delhi. I also have Green card. Tha culprits will never get a via to visit US and UK.
5. What does this mean and why '. Keep intact travel documents with you while seeing officers in India. '
6.How do I do that 'You can also file suit for recovery of money.
7.What does this mean.
Suit for specific performance of sale of the property in your favour may not be advisable
8. 'It is better to file a private Case before the magistrate court also.' What does this mean and how do I do that. Does this mean taking legal action.
9. Is there a time limit for legal action.However, I realise it should be taken as early as possible.
Can I not take any action in UK at all
Many thanks

PRAKASHCHANDRA MARU   06 July 2009 at 22:59

contract

i lodged complain regarding the cancel of the transacation of the flat due to rejection of loan due to not perform the sale agreement by the opponent i joined the two parties 1] from where the representative who collected the cheques from me 2] and another main office [head office ] having the name x developers now opponet lawyer came with the application to delete the no- 1 who is not a party because he is only employee of the head office and the other office is created ant the local location having kept name x precious
have any judgment not to delete the person who has done work on behalf of the head office which is appointed by the company ples discuss the said matter thanks to all experts

srinivasan   06 July 2009 at 19:42

Distinction between joint family business and partnership .

Dear sir, DISTINCTION BETWEEN JOINTFAMILY BUSINESS AND PARTNERSHIP BUSINESS

kalyani choudhury   06 July 2009 at 18:27

change ofcounsel

I have changed my counsel. Now my previous lawyer is delaying returning my files making some or the other excuse. Presently he says he is going out of town. My court dates are close and my new counsel is unable to study the papers. The old counsel is not attending the phone calls however he has emailed me & said when he is back he will give back my files after taking a 'NO Dues ' from me.

All payments are clear from my side.

Why does he want a No DUES form Me. & When should I get him to sign the NOC's in the Vakalatnamas ? Can he refuse to sign them ? If so Why ? Please Help.