anil
24 December 2021 at 23:45
Dear Expert,
In my property case which I filed partition suit in Senior Division City Civil court just 6 month back.
In that while filling suit, we filed temp. injunction application for not creating Third party interest and any kind of construction for maintaining status-quo.
Now opposite party filed there written statement. After filing written statement on next date opposite party filed one affidavit. Now due to judge retired case is pending for transfer, so we got some time.
When we ask court clerk they said word for affidavit something undertaking and statement made in this affidavit is false, as we have proof for this.
We want to oppose this affidavit and want to reject this affidavit as we want to get accept the temp.inj. application, hence we are thinking of counter affidavit.
I want to know,
what is counter affidavit and will it be come under any CPC provision.
Will counter affidavit Allowed to submit in Senior Division Civil court.
Is any other provision to reject or refuse this fake affidavit.
Currently case is pending for temp. injunction application.
Will counter affidavit help to oppose this opponent affidavit or any other way that we oppose this affidavit.
Anonymous
22 December 2021 at 16:32
Our Land (Property) registry , mutation , benama all papers is in our name
Even on Uttar Pradesh land portal registry has our name written online
But our relative told he has published article in newspaper some years ago that this property belongs to him and we never responsed to this article that time now few years ago he filed case in court for taking this property which was aquired by railways to create railtrack and we submitted all papers to railway . railway release payment in our name but as this relative gave false news/papers railway deposited money in court but in our name .
now he is telling to give half share of property otherwise he will not let it get this money and will harass in court and we will have to spent lakhs in court till 30 to 50 years. i am thinking this should go in fraud case as when registry mutation benama is in our name how can he publish article in newspaper few years ago please tell . he is telling show receipt of payment done 30 years ago (all receipts for full amount) even when registry is there in our name . i think law says registry is the biggest proof of ownership of property. land is agricultral land purchased 30 years ago. should we file fraud case against him for publishing our land in newspaper as his land few years ago .
Anonymous
19 December 2021 at 15:26
Hello,
I would like to know if evidence (statements and exhibits) from a criminal case is admissible in a civil case for compensation, and such evidence can be relied upon in the civil case.
Conviction was awarded in the criminal case, but appeal against it is pending before the High Court.
I found a judgment of Supreme Court that deals with admissibility of evidence between two criminal cases, and also two civil cases. https://www.casemine.com/judgement/in/5609aba4e4b014971140cf94
In the said judgment, it was held that evidence of one criminal case is not admissible in another criminal case. However, in (two) civil cases it is admissible when the parties agree or give consent.
What would be the legal position regarding admissiblity of evidence of a criminal case, in a civil case, and if such evidence can be relied upon in the civil case? Would such evidence be admissible with consent, if at all, and can be relied upon?
Please also provide important judgments/citations in this regard.
Thank you.
Sorry for being anonymous but it is important.
raju
15 December 2021 at 20:05
In criminal case advocate not appearing for the applicant/complainant due to which client had to suffer. Can advocate be changed without informing the previous advocate.
Anonymous
13 December 2021 at 13:27
The Plaintiff have filed a suit for (O.S.No.381/1969) Specific performance of the above agreement before the Vth Additional Judge,City Civil Court, Hyderabad parties have entered into a compromise (1st compromise) and wherein, the Respondents herein have offered to give 20 acres and 39 guntas to the Appellant/plaintiff.when the Respondents have failed to honour their commitment as per the above 1 st compromise decree, the DHR/Plaintiff filed the present E.P.No. 58/1984 before the executing court for execution.In this E.P. also, again both the parties have entered into another compromise and as per the 2 nd compromise, the DHR/Plaintiff was allotted 12 acres, after foregoing 8.39 acr. as they have declared excess land given to government
(2nd Compromise decree) DHR/Plaintiff was allotted 12 acres, and physical possession has been given JDR.
MY QUESTION.
DOCKET ORDER DATED 21.02.1985 IN EPno 58/1984 is as under
"compromise checked. the same is in order. compromise recorded EP is CLOSED.
AS THEIR WAS NO FINAL ADJUDICATION OF THE RIGHTS OF THE PARTIES ON MERITS. SO THAT I WILL NOT HIT BY LIMITATION
1. How you could say that E.P No58/1984 was closed by the court for "statistical purpose."
2. How this present (EA No 745/2015) petition is maintainable for reopening of EP NO. 58/1984 , as there was no EP filed, after recording compromise in the above Ep On 21.02.1985.
konidena adv subrahmanyam
08 December 2021 at 12:18
Respected sirs
I have two quieries
1.is it mandatory to appoint mva hr under fcra, if so under what section, rule or notification
2. Is it mandatary to appoint purchase committee under fcra to finalise purchase contracts enter the same in minutes books. If so under what section, rule or notification
Kindly advice
Adv K. V. Subramanyam
Anonymous
03 December 2021 at 22:56
RESPECTED SIRS,
I HAVE DISPUTES REGARDING SHARES TRANSACTIONS FOR THAT I HAVE FILED SUIT FOR VALID BILLS AND CONTRACT NOTES WHICH IS NOT PROVIDED BY THAT SUB BROKER AND LATER ON WE FOUND THAT THE SUB BROKER IS NOT SEBI REGISTERED AND LATER ON BSE AUTHORITIES AND SEBI HAS GIVEN US A LETTER THAT THE FIRM IS UN AUTHORISED AS HE IS NOT SEBI REGD. THAT UN AUTHORISED SUB BROKER HAS COUNER FILED A CASE AGAINST ME FOR 6 LACS ON THE BASIS OF HIS OWN COMPUTERISED BILLS.WE HAVE FILED AN APPLICATION TO CIVIL COURT THAT AS ARBITRATION PROCEDURE IS THAT IN BSE AND SEBI SO CIVIL COURT HAS NO JURISDICTION FOR THAT CIVIL COURT HAS GIVEN A JUDGEMENT IN MY FAVOUR ALSO.AGAINST THAT JUDGEMENT THET UN AUTHORISED FIRM HAS FILED APPEAL IN HIGH COURT IN WHICH HIGH COURT HAS GIVEN STAY ON THE JUDGEMENT OF CIVIL COURT AND GIVEN AN ORDER TO APPEAL FOR HEARING TO THAT SUIT IN CIVIL COURT.NOW WILL YOU PLS GUIDE ME IN THIS REGARD?
NOW THIS UNREGD.SUB BROKER HAS PUT ALL BILLS AND CONTRACT NOTES IN THE COURT OF LAW DEMANDIND 6.00 LACS
I AM REALLY SURPRISED AND SHOCKED THAT HOW CAN A SUB BROKER WHO IS UNREGD.UNDER SEBI ACT CAN MISLEAD TO THE COURT IN THIS WAY ?
CAN SUO MOTTO CASE AGAINST HIM TO FILE BY THE COURT OF LAW ? CAN I APPEAL TO THE COURT FOR THE SAME ?
KINDLY SUGGEST WHAT NECESSARY STEPS SHOULD I TAKE ? PLS GUIDE.
raju
02 December 2021 at 18:26
Victim of sexual assault her case court taken as IPC Complaint private pending for complainant evidence. Can this criminal case be transferred to another district.
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Lok adalat award and its credibility
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