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Anish Jain   28 August 2008 at 13:37

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.

Manish Singh   28 August 2008 at 13:23

Affidavit - urgent

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.

neelam desai   28 August 2008 at 12:11

Creation of Security in favour of Debentureholders

Can anyone share the checklist of procedures and documents required for creation of security in favour of Debentureholders?

Ambika.S   28 August 2008 at 11:59

Summons to the opposite party when he resides outside India

I have filed a case for Domestic Violence in which my client reside in Bangalore, India and the opposite party is presently residing in Australia. The case has been admitted and the Hon'ble Magistrate has issued summons to the opposite party. As the opposite party is avoiding summons the complainant is unable to serve the summons. Alternativly I have asked Court to issue summons through jurisdictional Commissioner of Police. Yet still summons are not served. They ask for the pasport no. which my client is unable to trace out. He is permanent resident of Bangalore.
In such a case how can my client find his passport no.?

Pramod Rai   28 August 2008 at 10:32

regarding 498-A of I.P.C.

dear members, kindly refer some case law and reference in a case of 498-A in which husband has not been made an accused.

MOHUA   28 August 2008 at 09:26

property rights

My father is the only son and he has 3 sisters.My grandfather had some property in IN West bengal.My grandfather expired in 1995.My father expired in 1999.My grandmother expired in 2007.Now my aunt (my father's eldest sister rang us up and asked us for my mother's address.saying they want to probate the will.Incase the will does not contain my father's name can my mother ,my brother and me not have any claim on this property,?Is there any protection which we can take to protect my mother's interest.She does not have any property of her own.Please advise

MOHUA   28 August 2008 at 08:49

property rights

My father is the only son and he has 3 sisters.My grandfather had some property in IN West bengal.My grandfather expired in 1995.My father expired in 1999.My grandmother expired in 2007.Now my aunt (my father's eldest sister rang us up and asked us for my mother's address.saying they want to probate the will.Incase the will does not contain my father's name can my mother ,my brother and me not have any claim on this property,?Is there any protection which we can take to protect my mother's interest.She does not have any property of her own.Please advise

M.A.T.Ganesan   27 August 2008 at 22:50

suit maintainablity in civil court

can a suit be filed against co operative society with regard to allotment of housing plot to its members?

Pankaj Khodaskar   27 August 2008 at 17:55

Membership under Societies Registration Act, 1860

I would like to know that whether Under the Societies Registration Act 1860, can a trust (formed under Bombay Public Trusts Act or Indian Trusts Act) or a society registered under Societies Registration Act, can become a member of the Society


Thanks in anticipation

advocate satya   27 August 2008 at 15:07

time limit

sir
if any cheque bounces on in the month of february what is the time limit to send notice and file case u/s 138, suppose a case u/s 138 was not filed within 30 days and the same cheque was let bounced twiced in the month of september do the limitation still start and the case can be filed u/s 138?