Rajaram C Iyer
31 May 2009 at 10:08
Dear Ld Members,
I am appearing on behalf of Defendant. Brief facts of the case : Plaintiff and Defendant are cousins. Defendant's mother owned one plot measuring 200 sq.yards and there is one super structure in the said plot. The possession is with Defendant for than a decade. In the year June 1999 the mother of the defendant( as per the version of the plaintiff) executed a WILL giving 50% share to the defendant and Plaintiff. The mother of the defendant expried in July 1999.
Now the Plaintiff has filed a suit for declaration,partition, possession and interim/permanent injuction ( as there is some construction going on in the vacant portion.
Can I take the following objection/defence
1. Suit is barred by Limitation -Article 58 of the Limitation Act.
2. for permanent injunction Section 41(h) of the Specific Relief Act - When injunction not to be granted. When there is an equally and effacious remedy.
The Defendant is not aware of any such will executed by her late mother. The WILL has been signed by defendant's mother whereas she is an illetrate. We have a certified copy of one GPA executed by her in respect of another property to prove that the WILL is forged.
Now the question is can I move Order 7 rule 11 application taking the plea that the suit is time barred?
Can I get any supreme court/high court judgement relating to this dispute.
ess oberoi
31 May 2009 at 10:01
Dear Hon'ble Experts,
May I seek your bona fide advice in a consumer matter, wherein the consumer forum gave decision in favour of the complainant. The OP ie Service Provider & complainant preferred appeal before Hon'ble State Commissioner, where, the appeal of OP was dismissed and State commission enhanced the compensation of the consumer. The OP filed appeal before Hon'ble national commission, where appeal was dismissed as no error/irregularity in the exercise of jurisdiction by the State Commission noted in its impugned order. Now the OP would go for appeal before Hon'ble Supreme Court. But before that the consumer has filed a Caveat.
As per Supreme Court Rules,"After the appeal is registered, it shall be put up for hearing ex-parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such order as the circumstances of the case may require" In these circumstances, may I seek guidance
(a) how to proceed with the case without engaging a lawyer (because of exorbitant fee and other reasons) ?
(b) What all a consumer has to say before the Supreme Court when the case at the three stages has been in favour of the consumer ?
(c) Will the Appeal be heard along with Caveater or ex parte as per above stated rules ?
(d) Before the matter is listed, what a consumer has to prepare ? Written Arguments ? or Oral arguments etc. etc.
(e) Can a consumer appear/advocate his matter before Hon'ble Supreme Court without having any law degree ? What all the Hon'ble Supreme Court may ask the caveator ? (in general terms)
(f) Before the Hon'ble Supreme Court, will the caveaor be heard first or the Service Provider now appellant before Supreme Court.
plz help. its urgent.
sanjeev
31 May 2009 at 10:01
I live in a residential society for the last 18yrs the promoter builder has not got the building registered as a coop or an apartment society recently he has gone and sold one of our terraces to a flat holder when i have it in writing that the terrace and parking is common for all flat holders. the terrace owners conduct commercial activities over there can they do that and can the builder sell the terrace which is common property
PRAKASHCHANDRA MARU
31 May 2009 at 01:34
hello all leartned experts
what is the degault bail pls inform me
PRAKASHCHANDRA MARU
31 May 2009 at 01:32
hello all leartned experts
what is the degault bail pls inform me
Nitin
31 May 2009 at 01:21
Hi All,
My query is regarding the validity of a criminal complaint filed by an individual through his special power of attorney(SPA). In other words, can an individual acting in his personal capacity authorise another individual to file a criminal complaint on his behalf by executing a special power of attorney.
The individual appointing an attorney is the Managing Director of a company and so can not appear for every hearing. Can this be a valid ground for appointing an attorney through the SPA.
Regards
Nitin Satija
PRAKASHCHANDRA MARU
31 May 2009 at 00:58
hello all experts
mr A goes at the walking meanwhile the dog of B bites him which kind of A got injury and under which law and under which section A can lodge complain against the B
PRAKASHCHANDRA MARU
31 May 2009 at 00:55
hello all learned experts
pls inform me difference between the discovery and recovery of the evidence act
PRAKASHCHANDRA MARU
31 May 2009 at 00:54
hello all learned experts
what is the difference in the attested copy and certified copy
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Pursuing Master of Business Laws from NLSIU Bangalore
Dear Sir,
I am an MBA (Finance) and working as a Business Analyst with Oracle. I would like to pursue the MBL course at NLSIU Bangalore.
My query is:
1. With MBA(Fin) background what are the prospects for the course in terms of job profiles in corporates and investment banks.