Manish Singh
28 August 2008 at 13:23
Dear Members,
could you please throw some light that to what extent an affidavit of evidence can contain pleadings mentioned under the plaints?
Please do the need ful and its really urgent.
M.A.T.Ganesan
27 August 2008 at 22:50
can a suit be filed against co operative society with regard to allotment of housing plot to its members?
naresh
26 August 2008 at 14:05
respected experts namaskar
i have file a suit for recovery before civil judge of Rs. 2lack defendant has enterd with written stament as well as a SET OFF CLAIM and Counter claim. counter claim of Rs. 47000only in his W.S. he stated he has to recover 6lac from the plaintiff so he has on the same cause of action a suit for recovery of Rs, 6LAC file before A.D.J. where iam defendant i have move application U/S O7RULE11 dismissed suit on the the ground suit bar under Order 2 Rule 2 cpc. my plea is that he has to file whole claim either in the court of C.J.OR A.D.J. Defendant say he has not the pecunary juridection so he has right to file suit before the ADJ now my question is this Can a counter claim be file half in the court of civil judge and half in the court of ADJ due to pecuniary juridection pls give me judgements who support my case suit cant file half half and if the claim is high to the pecunary juridection than counter claim liabel in ADJ COURT
THANKS IN ADVANCED
NARESH KUMAR
Legal_Query
26 August 2008 at 12:13
Dear Sir,
Pls provide relevant citation regarding:-
when boundaries of the properties are not defined, injunction cannot be granted.
Rgds & Thks
N.K.Assumi
25 August 2008 at 20:38
Is there any Rent Controll Acts in any State in India, which says that Tennant shall also include Paying Guest?
N.K.Assumi
25 August 2008 at 20:33
Order under section 12 of the GW Acts 1890, does not falls under section 47 of the Act. Does it mean that order under the said section is not appeallable? Is District Judge competent to reject a guardian and appoint a Receiver as temproary measure under section 12 of the GW Act 1890, though such measures have not been mentioned in the Act?
Anil Kumar kamboj Delhi M-9650
25 August 2008 at 14:52
what is the meaning of constructive res judiceta
Res subjudice & Res judicata are clearly defined in Section 10 & Section 11 of the Code of Civil Procedure, 1908 respectively. Both the provisions are made in order to avoid multiplication of suits and unnecessary delay. You can go through the provisions by reading the said sections of CPC, but I make you understand in a layman view:
1. Res subjudice: The court shall stay every matter which is already a pending adjudication before a court of competent jurisdiction between same party and on same cause of action.
2. Res judicata: The court shall not try any suit which has already been decided by a court of competent juridiction in any earlier case between same party and on same cause of action.
The point of difference is that in res subjudice, the court gives stay to the subsequent suit whereas in res judicata, the courts do not entertain the subsequent suit.
Hope the above information is beneficial for you.
For any kind of legal query/case, feel free to contact.
puja
25 August 2008 at 12:17
HI ALL
CAN ANYBODY SEND ME A WS FOR RECOVERY SUIT.I HV TO DRAFT TODAY ONLY
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execution of decree
my brother had a shop on rent for selling of medicine. his landlord win a suit under section 13 of Haryana rent control act. court ordered that eject the shop with in two months or pay the rent outstanding.
within one month of order my brother got admission in engineering & we left the shop open after removing all our article. Now he is a student of engineering since last three years and it is his last year.
now the land lord after three years filed execution of that order and claimed possession of the shop and outstanding rent and charges.
Mistake on our part is that we did not hand over the possession to the landlord but laid it empty. later on landlord gave this shop to other tenant with in one month of decree. but we dont have any proof that the shop is in his possession since last three year after decree within one month.
what we can show is that my brother is regularly going to college to attend classes of engineering since last three years. As per drug inspector record the shop is closed since last three years. so what we will get by keeping the shop with us. and why a person will stay silence about the shop of which no rent is being received and the court has made the order in his favour.
AT the time of decree we had alreay purchased a shope in his to shift his shop in case he done not get admission in engineering but luckiliy he got admission and that our own shop is lying vacant since last three year. can it be a valid defence.
he has filed a false execution. can we take any civil or criminal action againt us for filing false execution since the shop is in his possession from last three years.
Pleas advice.