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sridhar pasumarthy

asked On 14 July 2014 at 12:07

Final decree in partition suit

Respected Experts,

A suit for partition of house was filed by one of the 3 coparceners of Hindu Joint Family. Preliminary decree was passed.

Subseqently, Final Decree Petition was filed by the plaintiff stating that the property is not capable of division (admitted fact) and hence sought for auction of the property among the coparceners.

The problem is Plaintiff is financially sound and where as the defendants i.e. two other coparceners are poor. If auction is conducted among them, plaintiff will purchase the property at a throw away price causing loss to the defendants. Defendants sought to conduction auction among the parties to the list and also by inviting public to participate in the sale so that it would fetch a higher price benefiting all the parties.

Is there any way to convince the court to conduct public auction rather than among the coparceners?


asked On 14 July 2014 at 11:54

National commission proceedings - procedure

Dear Respected Experts,

I am thankful to one and all of this forum, for their guidance and suggestions.

I hope Most of the Hon'ble experts will practice Cases in the Hon'ble National Commission. Now I have one doubt so i am submitting before you.

I have filed a Revision petition before the National Consumer Commission.

In the National Commission, I have watched the Notice board that Some cases Listed in the Heading of "For Admission (Fresh Matters)" . some Cases Listed in the Heading of " For Admission(After Notice)".

Our case was falls on "For Admission (Fresh Matters)" and i have appeared before the commission and the commission ordered to send notice opp party next hearing posted on oct

I humbly Requesting one and all of the experts
1) What is "For Admission (Fresh Matters)" and "For Admission(After Notice)"

2) What is the difference between the above.

3) my revision petition was listed in For Admission(Fresh Matters) the commission oredred to send notice Opp Party,

In this situation, next hearing my Revision petition comes under "Fresh matters or After Notice".

4) If my revision petition is listed under "After Notice"
do I have to explain all the Full case?

5) kindly explain about " "For Admission (Fresh Matters)" and "For Admission(After Notice)"

i hope and belive that your guidance and suggestions will help me in a good way, so i am requesting you kindly help in this regard

thanking you experts.



asked On 14 July 2014 at 10:32

Remarriage of wife can affect on dv and 498a

Respected sir,

In my previous thread i narrated my situation

1) So after divorce if my wife remarry again DV case will continuaslly run till disposal of case ??

2) There is no affect of Remarriage on DV case ??


asked On 14 July 2014 at 08:03

Quota of exserviceman

I am an exserviceman and got appointment in bank but as ex serviceman quota can be taken once for central govt job so my query is bank job taken counted as quota taken as I want to join SSC whose exam will be conducted in coming month.
2. Is under probation period in bank if I join will it be counted quota availed
Vijay Singh


asked On 14 July 2014 at 06:06

if she refuses to take talaq

Dear experts

As per the previous quiery by me experts suggested for triple talaq.
Now the question is,If she refuses to take the triple talaq by post sent by me,what i have to do further ?

How much amount should be given during iddath period and how it is calculated .?and how to send the iddath amount by DD ?or by cheque ?


asked On 14 July 2014 at 00:15

Evidentiary value of doc files u/s 313 crpc

Ld counsels,

Accused marked certified copies of orders of the various court indicating the character of witness and his dire need for money under section 313 of CrpC.

Since those are public documents can it be said that in absence of objections from prosecution the documents marked u/s 313 are proved to the extent that the orders are passed against the witness and the surrounding circumstances of witness's need for money is also established.

Also if the witness has denied the bail order obtained in the criminal case against him will his testimony stand impeached.

Please clarify Thanks.


asked On 13 July 2014 at 22:36

Regarding sec-506-2

sir here in gujarat previously government passed notification in official gazette that sec-506-2 of i.p.c. in non bailable. but looking to the new books it seems bailable. judge is also confused? he says i can not enlarge the applicant on anticipatory bail hence the sec-506-2 is bailable/ what is the solution?


asked On 13 July 2014 at 22:25

Name change issue



asked On 13 July 2014 at 21:43

Forgery of vakalat in rent control act

my landlord had filed an application for fair rent in lower court wherein i had succeeded. landlord filed an appeal before the appellate authority and without serving on summons to us had stage managed to file a forged vakalat and got an ex parte order. and filed an execution petition. what would be my remedy as the appellate authority has dismissed my application saying that it was an contested case, where as we had not contested the case and the vakalat filed is only forged one? how do I prove my innocence as the forged document is in the custody of the court.


asked On 13 July 2014 at 20:52

Property dispute

I have acquired one property by way of gift deed from my mother in year 2000 and she had acquired by way of relinquishment deed executed by me and my brother in 1991.however we are residing the property jointly since birth .even after the gift deed in my favour I have allowed my brother to live in the property as a licencee but now i have filed a case for eviction from the property but he has taken a plea that he has not executed any relinquishment deed voluntarily and no gift deed is executed and he is residing in the property since 1976 and he is claiming adverse possession in the property as he is having separate meter in his name and possession for so long.what are the prospects that he will succeed in his plea. My gift deed and Relinquishment deed are registererd docs.Is adverse possession applicable in joint family proprty.what are the conditions for the same.

Thanks in advance

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