Kiran Kumar
01 October 2008 at 20:44
well friends, i ve got a very important point to discuss with u, pls oblige by responding.
A files an Ejectment Petition under East Punjab Urban Rent Restriction Act against a tenant on the ground of personal necessasity of her son and secondly on the ground of delapidated condition of the shop in question. Petition is filed in April 2005 and finally argued in September 2008.
The Rent controller dismisses the petition on the ground that the affidavits produced in the form of affidavit are to be rejected because of defective verification, citing further reason that the petitioner and other witness have verified the affidavit as'....true and correct to the best of my knowledge and belief', and this is incorrect verification because it is not explained what portion is out of knowledge and what portion is out of belief. Order 19 Rule 3(1) CPC
Now, my query is when the affidavit was tendered into evidence, court scrutinised the same and found it correct thus taken on record, no objection was raised by the opposite counsel further the petitioner and the witness were subject to cross examination and no objection was taken then also even suggestion to this extent was never given. Whether the rejection of affidavits at this stage is correct? It is pertinent to mention here that the rent controller though read in to the cross examination of the petitioner and only that portion which was against the petitioner.
Whether another opportunity should ve been granted to file additional affidavits?
What is scope in appeal?
Whether CPC strictly applies to rent matters?
Whether appelate court can grant opportunity for additional evidence?
Whether procedural law shall affect the substantive rights?
When evidence is supposed to be on oath only then whether verification is necessary?
pls reply as soon as possible.
Regards,
Member (Account Deleted)
01 October 2008 at 15:36
Dear learned friends,
I have come across a few instances where some advocates of Guwahati prefix "Adv." to their name, like in the case of doctors and engineers who prefix their name with Dr. and Er. respectively. For example Adv. Ram Kumar Das, Adv. Sultan Ahmad, Ad. Joseph Baruah....
Now do you think this is legally correct/fair??
Anil Kumar kamboj Delhi M-9650
01 October 2008 at 15:25
sir let me inform that whether u.p. assistant publice prosecution exam which would have been taken place in the month of september of this year ,had held or when held .Because i have filled -up this exam but i have not got any letter of exam date or roll noumber of this exam ,so pls sir solved my this contingencies.
Mohit Gupta
01 October 2008 at 15:19
Case history
We are 2 brothers and 1 sister earlier lived with our parents in Agra. I got a job in pune so I shifted in pune in july2005, after one year I get married and bring my wife in pune with my parents. My sister is also live in pune with her husband. And my elder brother with his wife lives in agra in our house which is in the name of my mother.
As all of our family members live in pune & my elder brother live in agra alone and he does not have any good source of income in agra so he also come to pune in January 2007 for a job searching living his wife in agra with her consent. due to misdirected brother’s wife by her family members when my brother goes to agra in may2007, she refuse to come here and after a mutual agreement with some old family members she agree that she lives in agra with her two child and her mother i.e. my elder brother’s mother in law up to november2007 and my brother sent him Rs. 4000/- per month for domestic expenditure. After that my brother went in Agra 2 times to bring her in pune, but she refuse by saying that she will teach us a lesson in court. (As per my brother view that she has an affair with her JIJA and her JIJA insists her not to come in pune.)
Now my elder brother’s wife in that house alone and neither she vacant neither the house nor she give the divorce to my brother. This is not possible for my brother to go back in Agra.
Moreover she filed a false dowery case upon us (myself and my sister are 4-5 year separated from the Agra)
Pls if possible can anyone give me a suitable view how to come out from this situation?
We want to overcome from both the siatuation
susanth nair s
01 October 2008 at 08:09
is there any provision under the domestic violence act for the recovery of householdingarticles and ornaments of the aggreviedperson,which is kept by the respndents plz provide latest caselaw
KamalNayanSaxena
30 September 2008 at 22:35
A Medical Rep. on probation for the period of two years. After completion of eighteen months, terminated on ground 'services are not found up to the mark of satisfaction'
Kindly provide the latest case law regarding the status of probationer under ID Act.
Is there any chance for his reinstatment?
shivraj
30 September 2008 at 21:37
in one case the first wife is demanded for partion in husband property which is ancestral in this time husband not supported to first wife and made will and sale deed of said property for not giving the benefit to first wife and discharge there right over property.After that wife filed civil suit against the husband for partition and demand the right over property.After few year husband died court note down following issues i.e
1.whether plaintiff proves that suit property is ancestral property of husband?
2.whether plaintiff proves that she is entited to claim partition and seperate possision in that property?if yes then her share? (imp issuee)plz reply.
Rekha.....
30 September 2008 at 21:01
Hello! Friends
My client is going to receive the cheque of PF from his company. The documents such as LC, Ration Card, Certificate of cast are mentioned his name as RAVINDRAKUMAR which is correct. But in his Said PF Account by mistake his name is entered as RAKESH for this he needs Affidavit. SO PL CORRECT THE FOLLOWING AFFIDAVIT ACCORDING LY OR ALTER AND GIVE ME ACCURATE PROFOMA OF AFFIDAVIT FOR THE PURPOSE
Affidavit
I ,the undersigned deponent:
Ravindrakumar....... , Aged:.... years, Hindu-Koli by religion, Occupation: Service,residing at......... State,India do hereby solemnly affirm and declare that:
That my name ”RAVINDRAKUMAR .........” is mentioned and recorded in my every documents and papers which is true and correct.
That my name ‘ RAKESH.......... ’ is entered and recorded by mistake in my Provident Fund Account No..........
THAT the purpose of making this affidavit is to confirm and rectify my above name i.e.‘RAVINDRAKUMAR ........’ and ‘RAKESH ....... is belong to one and the same person only and that is myself establish this confirmation with the concerned offices/departments and authorities, I do hereby execute this affidavit. This is the sole purpose of this affidavit.
THAT all the facts stated above are true and correct to the best of my knowledge and belief.
THAT I know that to make a false affidavit is a criminal offence.
PLACE:……..
DATE……… ____________________
(DEPONENT)
Identified by me and the contents
explained to the deponent in
Vernacular language
__________________
Solemnly affirmed before me by the abovenamed deponent who has been identified by…………advocate
to whom I know personally.
Place:…..
Date……
rahul
30 September 2008 at 19:55
whether cross in examination can be reopened in the matter of section 138 of N.I.Act?
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