M Satyanarayana
26 November 2016 at 12:03
Sir,
After preliminary decree, party to partition is supposed to file for final decree along with application for metes and bound and appointment of commissioner. If the application for metes and bound and application for final decree is dismissed for non appearance of counsel and to restore the dismissed petition what is limitation period for such application for restoration and whether it is treated equal to a dismissal of a suit or dismissal of application.
Please kindly enlighten me do I have a right to file for final decree.
Thanking you,
M.SATYANARAYANA
Vianney
26 November 2016 at 11:59
Please let me know the paid and free sites (where search is easy by phrase) from where i can access Supreme Court and other High Courts decided cases.
Jignesh
26 November 2016 at 11:51
We have a partnership firm which is having a registered partnership deed since 1982. The partnership deed simply metions that profit/losses will be shared equally between the partners and partnership is at will. My father who is a partner in the firm with my uncle is now old and week and unable to work due to his health issues. Due to this, My father submitted his reignation from partnership to my uncle last month. Following that an agreement was signed between my uncle and my father on a RS 100 stamp paper with a witness (but it was not notarized). The agreement mentioned that "Mr. X (My father) due to his health related issues has expressed his desire to retire from the partnership firm on 1 st Oct 2016 and both the partners have agreed to dissolve the partnership on 31st October 2016". Also another point in the agreement was mentioned that
A) "After dissolution of firm the property of the firm which is registered in firms name now will be divided between the two partners as per the map attached with the agreement"
B) The loans of the firm will be divided equally between both partners.
And The agreement was signed by both partners.
Now my query is:
1) Now my father is on bed due to his bad health and I have asked my uncle to come to sub-registrar office(Tehsildar) and I will take my father with me so that as per agreement we sign a dissolution deed there and dissolve the firm and divide its property as per the agreement. But my uncle is refusing me to accompany us and sign the dissolution deed in the registrar office. How can I dissolve the firm now as per the agreement? Because I guess based on agreement only sub registrar will not transfer the property of the firm in my fathers name, they need a registered deed.
2) Since this is a two partner firm and in the agreement it was mentioned that both partners have agreed to dissolve the firm from 31st october 2016 so if i am not wrong the partnership as well as the partnership firm is also dissolved by that agreement. My uncle says that he will also not work as properieter after the firm is dissolved but is continously doing the manufacturing operations in the firm after 31st October and also taking goods from suppliers in firms name. What should I do to evacuate my father officialy from this partnership firm and also get the part of the property agreed in the agreement? I am also ready to pay the loans and liabilities of the firm.
mohit
26 November 2016 at 11:01
Respected experts,
I m facing false 498 a, and DV case by my wife in Allahabad, Uttar Pradesh.the case registered 3Yrs before, and Family court mediation was unsuccessful in first two year. Then I took bail for me and my family members. But still Chargesheet has been not filled by the Mhila thana. Please suggest weather I wait or request to the court to bring that charge sheet. If any other suggestions please suggest.
With regards,
Mohit Yadav
yogesh sheth
26 November 2016 at 10:17
Respected Seniors,
Please provide me legal suggestion in my following matter. We are holding a ground floor flat in Kolkata since 1982.Intially the rent receipt was in the name of my elder brother but after completion of agreement term on verbal request of landlord it was changed to my father's name and the tenancy was continued.In 2000 our landlord expired and converted the ownership of building to a trust and appointing her wife,sister and nephew as trustee. In 2001 the said property was gifted by main trustee - wife of landlord to her adopted daughter and son in law with an intimation to us and confirming the tenancy will continue as it is we are pay rent to new landlord.In 2002 my father expired and we requested to issue the rent receipt in name of my mother's and others I.e we 3 brothers as successor but it only issued in my mother's name.Now my elder brother has also expired and the flat is occupied by my mother, widow of my brother and his son .The total area we are occupying is around 625 sq ft super built up and paying a rent of RS 2200/- and increasing the same every 3 Years by 10%.Now the current landlord has sold the building with an intimation to us.Now the new buyer of the building is claiming a rent of RS 12500/- and asking to vacate the position.Since last so many years there is no written time bound contract and even the old landlord has not refunded our security deposit nor transferred. So please suggest me how to proceed to safeguard our tenancy Can he claim such a huge increment of rent after knowingly the rent he has purchased the building. My mother is already 87 years old will my deceased brothers wife can claim tenancy now or after my mother.
Read more at: http://www.lawyersclubindia.com/forum/Tenancy-right-under-West-Bengal-Tenancy-act-144642.asp
Anonymous
26 November 2016 at 00:47
If I have a KT in my 2 sem n 1 in 3 sem will I be eligible to get admission in 3rd year
SABIR AHMED
26 November 2016 at 00:31
Dear Expert,
I intend to renovate, repair & paint my self contained flat by a contractor. The materials required for the work will be provided by me. The contractor will be providing the service of labour on contract, the entire work is estimated to be completed by 20 days. Yesterday, one of my neighbours, insisted that I should sign an agreement / MOU before execution of the repair & paint work. He had a bad experience with a labour contractor due to some dispute over reimbursement of payment & the contractor left the work halfway. I want to know what agreement / MOU should I insist on signing with the contractor. Do I need it on Rs.10 non- judicial stamp paper. Could you please refer me some web links, where I could get such agreement templates.
SUDHAKARAN V T
25 November 2016 at 22:49
This is the case of a public limited company, where payment towards salary to employees is irregular during last 3 years and as of now 6 months salary is pending. EPF contributions not remitted for past 8 months. Full & final settlement of employees left/terminated earlier are still outstanding.
Now the company voluntarily terminates some employees (forced resignation) and offering some of them an employment on contract basis for 2 days duty per week at 40% of current CTC as professional fees.
But they do not commit any date for payment of salary dues, gratuity, EPF & full & final settlement.
Kindly suggest what are the options available for such employees who have served for the Company for last 20 -30 years. Also please mention relevant sections/clauses of applicable laws.
Hitesh
25 November 2016 at 21:39
My mother has a flat worth approx 25 lakhs. In her agreement nominee is my 2 sisters and presently my elder sister stays there on rent by giving heavy deposit to my mother at the time of buying that flat.
Me and my brother both stays Seperately on rent.
Recently, my mother realized and decided to sell flat and give us share from whatever amount she get by selling that flat.
Since last few days her health became very weak so she want to make will and write our rights in that flat.
My questions are
Can she make will at Home? Or professional advocate require?
After making will registration require?
What are registration charges?
What should be the format and require to write on stamp paper?? If yes how much?
Any other information which I missed
Please advise.
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Quash time?
we have applied for quashing of false FIR against me on 420 in madras High court.
I went through other proceedings happening there. Looks like they are 2 years old.
WIll that take minimum 2 years to quash my FIR?
And Charge sheet filing is pending in my case.