About dissolution and it's claims
Amit jande
(Querist) 07 September 2014
This query is : Resolved
Dear sir,
My question is
In partnership deed of 5 people
Mr K.W.K was financier and he left in 1958
Mr mr V.S.J left company in 1962. Dissolution is there but not with us.
Mr S.A.J left company in 1968.dissolution is there with us.now expired
Mr A.M.J joined company in 1968.
Mr P.S.J left in 1975dissolution is there with us.
Now mr m.s.j and mr a.m.j left in company and company continues.
Mr v.s.j has filed a suit in 1990 for property brought by mr m.s.j. Who is brother of v.s.j under hindu succession act.
He has only mentioned his claim about property and not about partnership in this suit.
During the suit 1995 mr m.s.j expired.
Now in 2014 he is trying to change matter of suit Saying he had not dissolved from company and he is still a partner.
Can he claim so after 50 yrs and there on in the civil suit filed by him in 1990.
Raj Kumar Makkad
(Expert) 07 September 2014
You are required to bring entire facts on court file including his leaving the partnership since a long time after getting his full and final accounts and further he never raised any objection when the partnership was again formed. No case is made out in his favour.
Amit jande
(Querist) 07 September 2014
Okey
This v.s.j is making fake doc
What to do
Also is there any section by which we can try to dismiss this case
Amit jande
(Querist) 07 September 2014
But
After partnership dissolved ie in1962
With in how many years can he claim.
Is there any limit to claim.
V R SHROFF
(Expert) 07 September 2014
LIMITATION OF 3 YEARS APPLY TO ALL
Amit jande
(Querist) 07 September 2014
Ok
But sir mr shroff
This partner mr v.s.j retired in 1962 as he has mentioned in partition suit
He has also mentioned about other partners
Devajyoti Barman
(Expert) 07 September 2014
claim is surely barred by limitation.
ajay sethi
(Expert) 07 September 2014
agree with experts .
Raj Kumar Makkad
(Expert) 07 September 2014
If such person is guilty of creating false and fabricated documents, file a criminal case against him in the concerned police station and also file an application under section 340 of Criminal Procedure Code in the same court wherein he has produced false and fabricated documents.
Rajendra K Goyal
(Expert) 07 September 2014
Consult a local lawyer an how him all the documents. Claim seem to be time barred.
Raj Kumar Makkad
(Expert) 07 September 2014
Creation of false documents is n offence.
Amit jande
(Querist) 11 September 2014
Sir
Again
If I file an application u/s 340 of croc read with 195 will court give direction to police for enquiry of this fake document.
Plz guide
Raj Kumar Makkad
(Expert) 11 September 2014
No. Court itself shall conduct enquiry in the given facts.
Amit jande
(Querist) 12 September 2014
Sir
But court says that the document has been prepared outside court though it is an evidence given by plaintiff
Regarding this we are having a govt. handwriting experts opinion which was sent through court.
Court is not taking any action and this case is lingering since 1990. Ie 24yrs.
Even issues r not yet framed.
Several application for dismissal are also pending.
Plz guide me. How shall I get effect of police in this case. So as to expiate this enquiry
Amit jande
(Querist) 12 September 2014
Sir
But court says that the document has been prepared outside court though it is an evidence given by plaintiff
Regarding this we are having a govt. handwriting experts opinion which was sent through court.
Court is not taking any action and this case is lingering since 1990. Ie 24yrs.
Even issues r not yet framed.
Several application for dismissal are also pending.
Plz guide me. How shall I get effect of police in this case. So as to expiate this enquiry
Raj Kumar Makkad
(Expert) 12 September 2014
It shall be better for you to obtain second opinion of a lawyer bringing all relevant documents to him. It is highly surprising that this matter is subjudice since last 24 years.
Court has no other option but to frame its own opinion on the basis of the detailed enquiry regarding the false documents/statement produced in the evidence in any case and accordingly to move ahead.
Amit jande
(Querist) 12 September 2014
ok
sir gud eve,
i have another problem
my grand father mr m.s.j had recored a statement in ULC saying that
i had received money from huf family division. the money which i had received, was invested in company and after that i had brought property from the income which i received from that company.
now problem is that
mr v.s.j is claiming on the property reliaing on this statement of ULC.
how should i defend.
i have all the a/c to prove that this is self accuired property.
plz guide
my mail address is jandesawmill@yahoo.com
or u can plz give a call at 9890318333.
Amit jande
(Querist) 16 September 2014
ok
sir gud eve,
As u know there was partnership between as I mentioned prior.
i have another problem
my grand father mr m.s.j had recored a statement in ULC saying that
He had received money from huf family division. the money which i had received, was invested in company and after that i had brought property from the income which i received from that company.
now problem is that
mr v.s.j is claiming on the property reliaing on this statement of ULC saying that this is huf property.
how should i defend.
i have all the a/c to prove that this is self purchased property.
plz guide
my mail address is jandesawmill@yahoo.com
or u can plz give a call at 9890318333.
Amit jande
(Querist) 23 September 2014
Sir
Ure suggestion was to file application u/ s 340 of crpc read with 195 (1)(b) (ii)
Sir with ure reference
I found a case where Supreme Court has mentioned that doument produced in court where doc were not forged after producing in court.
Plz read
Iqbal Singh Marwah vs meenakshi marwah.
Appeal(crl) 402 of 2005.
Plz guide me again
Amit jande
(Querist) 02 November 2015
Dear sir
As per your suggetion i have already submitted an application of crpc 340 r/w 195 of ipc.
Case sanjeev kumar mittal vs state has been submitted as case law/ citition during argument.
Now the stage is for court orders.
argument done since 3 months back.
Court is not ordering. I m wating.
Now what to do.
Please guide me
