Env Coord
04 December 2021 at 11:00
Hello Legal Experts,
I am prosecuting a civil execution case as Decree Holder (Party-in-person). I had filed two applications before Hon'ble Executing Court for issuance of precept (u/s 46 of CPC) and issuance of show-cause notice (u/O 21 R 37 CPC). Judge allowed both the applications (order on exhibit allowed by Judge) but the department within the Court responsible for preparing show-cause notice and precept is not doing the work and whenever date comes, the file is sent back to Court without doing the work on exhibits as ordered by the Court. In this regard how should one expedite the matter as these orders were passed around 2 months ago, but no progress in the matter.
1. Can decree-holder make complain to the Judge regarding the same ?
2. Who is the right person or proper authority to look into this matter ?
3. What procedure is to be followed for lodging complaint or grievance in this regard ?
4. Does Decree Holder need to pay costs for lodging complaint or grievance in such matter ? If yes, then how much ?
Awaiting your advices.
Thanks & Regards,
VISHAL SAHA
Navi Mumbai.
Anonymous
04 December 2021 at 02:31
Can I transfer my immovable property to my friend by gift with condition as below;
1) I will reside & rent the property on my lifetime.
2) If my friend dies before me, I will get my property back.
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.
govinda ramesh
03 December 2021 at 12:26
I am RAMESH from Bangalore
1.Can we buy Hakku patra property ?
2.he does not have any other documents.he is having only Hakku patra and paying taxes to the BBMP
Mukesh Kumar
03 December 2021 at 10:25
Sir, can you please tell whether the new notification issued after the SC judgement in Pichra Warg Kalyan Mahasabha Haryana Vs State Of Haryana (2021) specifying 6 Lakhs as creamy layer limit been challanged again ( the new notification is in contempt of SC order and guidelines)? If yes, can you please share the case number
shyam lal
03 December 2021 at 08:17
In a unregistered MoU of family settlement pertaining to unmovable property where in it is mentioned that shares are to be divided on percentage basis 25%/25%/25%/ & 25%.
It to be noted that no where in the aggreed & signed by all share holders in the said MoU mentions that in a situation if one wants to sell his 25% share to a willing buyer he has to intimate, or get a NOC from the rest of the share holders
Query ..is there any legal wrong doing in this type of sale?
Ananda
03 December 2021 at 00:31
Dear Sirs,
In HC maintenance hearing, wifef filed false affidavit , I produced proof. So lawyer insisted on a joint memo to settle and clsoe, which I was not comfortable (I had posted this earlier but I cant reply to the same thread now). FInally no joint memo was signed but individual memos/affidavit were filed.
I will not challenge wire's exparte divorce. Wife will not claim any maintenance and not pursue any criminal case. These were in memo/affidavit.
I also said, orally that divorce is fine but I will not giving up rights to escalate her false affidavit. ( I may never do it but I dont want to give up my rights).
Though I had made my thoughts clear to my lawer, in final orders, it has come out as a settlment and that i agree to all her conditions. my oral statement was not mentioned in the order. there is lot of refernce to oral statements by lawyer. Can this order be appealed? If I say that HC did not mention my oral statements correctly, is that like contempt? As a lay person, should I simply accept it or can I question or comment on it?Â
thanks
A
Hardik Panchal
02 December 2021 at 20:07
The ancestral land was distributed in 2007 and it was legally registered. but in 2017 after resurvey which wasnt informed & we were not aware as we live in another city, the actual area of the land was changed and was included in elder brothers 7/12. After getting aware we tried to convice the elder brother but he is not in the mood of giving our rightful shares back and now he has acquired the part of our land. what we can do in this situation. There is an entry of distribution in the 7/12 which defines the distribution and 50-50 shares of the property can we use that as proof and can do any legal action on them ? please help!
Siva
02 December 2021 at 18:51
I have crpc 417 & 420 on me. Person A lodge complaint on me with some of her associates person B, C and D. Police lodge complaint and taken statement B, C and D as evidance of this case. In fact, police taken money from them and supporting them. Police summoned 2-3 times to go police station for enquiry, but i didnt go as i know police wont talk for me. Then police filed chargesheet and case started 5 years ago, until last month person A to D and police never appear to court for hearing, but every month i went court. Suddenly all people A, B, C & D came to court and just reitterate what they told in the complaint and as per chargesheet. Actualy the case is, A is telling me i got huge money from her with no evidence. Person B, C and D are her friends, they just went to police station when she complaint me. Police treated B, C and D as evidence for what A given in the complaint, but not direct evidence for that money transaction.
My lawer never cross question actively when A, B, C, D on the box during the enquiry in the court, but he says, now we can just hear what ABCD tell to the court. Actual argument will happen only later stage. No need to cross question them when they stand on the box. I thought he should cross question them when they stand in box in front of judge instead just hear and finally arge with opponent lawyer. I suspect they may not come back to court or opponent lawyer can oppose to not bring them to court later when my lawer request.
Is court procedure is like that? Is my lawyer says true? Otherwise can I meet Judge in person to explain my side?
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Interest certificate on top up home loan
Dear Sir / Madam
I am a home loan customer of Federal Bank Patel Nagar Branch . I also have one home top up loan from same branch .
I have been issued interest certificate for FY 1-4-19 TO 31-3-20 for both loan but when I asked for interest certificate for the Period 1-4-20 to 31-3-21 , I have been issued the certificate for Main Home loan but been refused for Top up loan .
In Federal bank I escalated the case to next level but they didn't think it proper even to revert
I escalate the issue to Lokpal but Lokpal also closed my case mentioning that we have examined the same on the basis of the reply received from the bank"
I have been a home loan customer since Financial Year 2005 with HDFC Bank IDBI Bank , PNB Housing Finance and then it to Federal Bank and in every bank i always was issued interest certificate for top up loan even Federal bank issued by interest certificate of Previous year
As per Banking practice top-up Loan is given by bank as extension of home loan to meet the House improvement / renovation and other house related expenses on collateral security of main Home loan , while disbursing the top-up loan bank examine the value of Property ( against which home loan has been disbursed) and if margin is there than only bank quantify the amount and disburse the top-up loan . so In my opinion a top up loan can't be synonymous with a personal loan but it is a top up or Extension of a Home Loan only .
May I request learned professionals to guide me whether is it advisable to put my case to consumer court to claim interest certificate .
Regards
Virendra