Anonymous
25 April 2023 at 22:15
Is there any strict time limit for filing of rejoinder to reply filed by defendant as per provisions of CPC?
Anonymous
25 April 2023 at 22:12
can an application u/s 340 r/w S. 195 Cr.P.C. be filed at the preliminary stage itself on the basis of "copy of forged documents" filed by defendant alongwith signed affidavit supporting the copy of forged document?
Anonymous
25 April 2023 at 19:24
During live in relation ( five years ) with my partner, on good faith I have lent him money on verbal promise to return. With the money he has purchased a property in his name at very good location for business purpose, so that he make money double within few years.
I have filed a money suit in competent court against him since refused to return my money & repeatedly try to ousting me from possession by force with muscle power.
Is live in relation for five years can we treat as spouse ? I have heated Supreme Court had considered long time live in partners as married.
I have heard as per Benami Property Act spouce is never been considered as benamider.
Can I file declaration suit for the property in my procession considering our relationship as spouse ??
I am helpless lady, please advise.
Ashesh Singh
25 April 2023 at 16:01
In a civil suit filed for recovery of rent for a commercial property the tenant in his reply has averred that he has done printing work for around Rs. 80,000/- for landlord's friend, on the promise made by the landlord that he will be making the payments for the same and the tenant has even filed a copy of the forged Tax invoice with the purchaser's name and with landlord's name in brackets ( ). It is a totally forged and fabricated document and he has filed a copy of it and has been marked exhibit in a casual manner by his lawyer in his reply along with list of documents filed, with tenant's affidavit in support thereof. The suit is at initial stage itself and the rejoinder is yet to be filed by me. My query is can i file an application u/s 340 r/w S. 195 Cr.P.C. at this stage itself alongwith my rejoinder or can such an application be filed only upon the filing of the original at the time of leading evidence? Because that might take long and my client is landlord who is already very troubled by this tenant who is now indirectly asking from landlord for lakhs for vacating the premises. Many thanks in advance to the legal experts dealing with matters in these areas because such unscrupulous tenants trying to mislead the court by filing of forged documents (though only copies presently) must be dealt with at the soonest and waiting for the evidence stage would be defeating the very objective of law. Insights with how should i play it out will be highly appreciated.
Regards
Ashesh Singh
Ashesh Singh
25 April 2023 at 15:44
As per the terms & conditions of the registered rent agreement the commercial property was given for a period of 9 years with clause of increase in rent @7.5% after completion of every 3rd year. The tenant started being irregular in making rent payments & used to pay as per his will, sometimes after a gap of 3 months and sometimes even more and that too for that particular month only for which in the fourth year for two months he has even paid the revised rent. just after a few months and then and the suit for eviction was filed on the grounds of default & recovery of rent (increased rent too). Now my query is two-fold:
1. As the tenant was irregular in rent payments and when he used to pay then also the rent amount paid was for that particular month only, now if the tenant pays for the first two months and then in the seventh month he deposits monthly rent amount for that month only then is the landlord entitled to adjust the amount so paid towards arrears of rent? and if yes, then if he pays the revised monthly rent amount in the same irregular manner in the 3rd & 5th months then can the amount be adjusted in the same manner and the cause of action with respect to default in payment for 4 consecutive months be said to have arisen in the sixth month?
2. Upon filing of suit before the rent tribunal the tenant in his reply contends that due to covid period it was "orally" agreed that the rent will not be increased and will be the same as per the first 3 years, though as i referred earlier that tenant in the fourth year has even paid the revised rent twice. Can such a modification in a registered rent agreement be made 'orally' only or a 'modification deed' is also required to be registered for the same.
I am appearing on behalf of the Landlord & fairly new practitioner. So, any and as much guidance and insights from most esteemed legal experts in the area will be of great help and much appreciated. If any other things expert would like me to be careful about or check for that i might not have asked in my specific queries but by the context of these, they might find very relevant then i kindly oblige me by letting know of them.
Regards
Ashesh Singh
Rakesh Kumar
25 April 2023 at 13:58
is the high court justified is setting aside the session court's order?
KANNAN
25 April 2023 at 05:44
My father bought land on my MOM name. At that time MOM signature is not required only seller signature is required and my father took/purchased land in 1968. My father took Patta on my MOM name long back. Patta was on my MOM name till end of 2022. We had paid revenue department tax till 2022, Now in 2023, patta is showing another person name. ON verifying EC it was found someone put my MOM sign and registered in 1971.
I heard based on new law in the TN, we can file this in IG of REgistration. Anyone know, how to file the case with REgistration department.
Kannan
sachin
25 April 2023 at 00:13
Consumer Forum Insurance matter
1. I purchased a health insurance policy of one of the renowned health insurance company, through PolicyBazar website. The said Policy was a health insurance family policy and all the members of the family were covered. I was provided with the policy document as an attachment document, however, some of the hidden terms & conditions, other supporting documents etc were provided as a hyperlink in the mail that i culdnt see as i read the policy document that was attached.
2. These Hidden Terms and conditions, supporting documents and necessary information provided in Hyperlink / Website link may be altered by the company at its sole discretion later as and when desired. The email of Policy Confirmation Letter contains the Policy Document containing 14 pages along with that contains 9 Hyperlinks, website link, Mobile App Link for Android / IOS and Whatsapp Link etc for searching and finding necessary information, supporting documents and Terms and conditions.
3. This means, that even if the insurance contract has been entered into, the insurance company can change its terms and conditions at any point of time.
It is indicative of the active concealment of the facts that company wants to keep hidden from customers and may lead to promote the fraudulent intent of the companies and will help to rely them on the extraneous document that was never shown to customer at the time of Purchasing policy.
Hence, referring website/ webpages/ Links etc cannot be considered a perfect and authentic legal document to be considered as a part of policy Terms and conditions in any court of Law.
4. Insurance companies are misusing these hyperlinks/ websitelinks as a shield to deny the genuine insurance claims of the insured persons, based on terms and conditions which were changed after the insurance contract was legally formed.
5. Kindly suggest the further course of action or some experienced Lawyer who have handeled such/ similar case
Regards
Sachin
sachin
25 April 2023 at 00:11
Consumer Fourum Insurance matter
1. I purchased a health insurance policy of one of the renowned health insurance company, through the Policy Bazar website. The said Policy was a health insurance family policy and all the members of the family were covered. I was provided with the policy document as an attachment document, however, some of the hidden terms & conditions, other supporting documents etc were provided as a hyperlink in the mail that i couldn't see as i read the policy document that was attached.
2. These Hidden Terms and Conditions, supporting documents, and necessary information provided in Hyperlink / Website link may be altered by the company at its sole discretion later as and when desired. The email of Policy Confirmation Letter contains the Policy Document containing 14 pages along with that contains 9 Hyperlinks, website link, Mobile App Link for Android / IOS and Whatsapp Link etc for searching and finding necessary information, supporting documents and Terms and conditions.
3. This means, that even if the insurance contract has been entered into, the insurance company can change its terms and conditions at any point of time.
It is indicative of the active concealment of the facts that company wants to keep hidden from customers and may lead to promote the fraudulent intent of the companies and will help to rely them on the extraneous document that was never shown to customer at the time of Purchasing policy.
Hence, referring website/ webpages/ Links etc cannot be considered a perfect and authentic legal document to be considered as a part of policy Terms and conditions in any court of Law.
4. Insurance companies are misusing these hyperlinks/ websitelinks as a shield to deny the genuine insurance claims of the insured persons, based on terms and conditions which were changed after the insurance contract was legally formed.
5. Kindly suggest a further course of action or some experienced Lawyer who have handled such/ similar case
Regards
Sachin
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Can registered rent agreement be modified orally
Can the terms & conditions of a registered rent agreement be modified orally or is it necessary to get the "modified deed" registered too?