Heinrich Manoah
30 October 2010 at 13:22
In a suit for specific performance and permanent injunction we have evidence in the form of voice recording which is put in a CD and submitted to the court. The opposite advocate claims that the CD cannot be accepted according to the provision of Section 65b of the evidence act. Any help regrading how to handle this would be appreciated. Thanks
mahendrakumar
30 October 2010 at 06:50
a case was posted for oders/reserved for orders on 26th oct by the district forum.
till dater judgement not delivered nor the case posted for any other date.
is it a usual practice by consumer courts?
what does it mean by reserved for orders and any time limit for judgement?
anything can be done from the petitioner's side for early judgement? please elaborate
Samson
29 October 2010 at 23:42
Eshwar, lakshmi, mohan lal, gave GPA to kishan lal to sell a peice of land. i brought that land 30 years back and registered on my name.
now after 30 years the people caliming to be eshwar, lakshmi, mohan (fraud people) have registered a sale of agreement to another party on my land. i came to know abt this when i took EC of my land, where the first transaction shows the sale deed from kishan to my self, and the secopnd ones from the four peopl to another person.
the second transaction is fraud, as it will be only me who will have the right to sell a land right, not any other people.
now that the fraud name is showing on my ec, what legal steps should i take to make my land clear, and also what should i do to clear the names on the EC apart from going to court.
Thanks,
Samson
Samson
29 October 2010 at 23:36
hi,
there is a fraud sale of agreement being done on my plot by the people who calim to be the persons who sold land to us(which is false).
please give suggestions as to what legal options i have to make my stand stronger and also the fraud names removed from my ec.
Thanks,
Samson
Anonymous
29 October 2010 at 23:31
hi, my question is in brief Mr. A who was working in Postal & telegraph department and he been missed since July, 2002, in this regard FIR has been lodged and police has been filled untraceable report in 2004. now the LRs of missing person want to take fund & gratuity etc. now what to do to take these funds from the office of postal & telegraph department. whether first i file a suit for declaration of civil dead the said person or file indian succession act .
please help me with law and judgement.
thanks
raj kr. solanki advocate
Anonymous
29 October 2010 at 23:06
what's the time to appeal in high court after loosing a case in karkardooma.I also lost my appeal in karkardooma court.
It's a case of shop tenant and landlord.Till what time duration I can appeal in high court.
plz give your views.
Anonymous
29 October 2010 at 22:19
Dear Sir,
I have been directed to appear before the principal registrar court of CAT on 01/11/2010 vide by High Court order which has restored the main application for reconsideration
But in the cause list of 01/11/2010 there is no listing of case before the aforesaid court
Kindly inform whether I should appear before the court with High Court order?
or Is there any separate application, I need to file in the registry that the case has not been listed despite of the CAT order?
Regards
Anonymous
29 October 2010 at 20:03
hello sir i have mailed u an query waiting for ur reply pls reply soon as society is pressurising for repair to be done .
Anonymous
29 October 2010 at 17:37
Background : Ours is a Hindu-Brahmin family from a village in Bihar. My father are two brothers and 2 sister. My father is educated and retired now while my Uncle is not so educated and is working at a lower level. My father and Uncle are the second and 3rd child of my grandfather. The other 2 child of my grandfather being daughter who are married and living happily.
1969 : My father got married. My “nanaji” gave lot of goods, furnitures, ornaments and “asharfee” (golden coins) etc. to my mother in “bidai” while sending my mother to her in-laws as per the social obligations and expectations.
1971 : My fathers younger sister got married. As per the expectations of the groom’s family we had to provide enough “consideration” while sending her off to her in-laws. All the goods, furnitures, ornaments of my mother were transferred to meet the expectations with my grandfather promising to compensate with land etc. as appropriate.
1973 : I was born in village. My mother had to struggle for my upbringing and didn’t had any means to support as my father used to send money to my Uncle and grandfather under the impression that everything is taken care of. There were loans , mortgages which he needed to foreclose as a result of the unreasonable family spend and the marriages of my “bua”. My mom didn’t speak of anything in the interest of the family and she was made to keep quiet.
1974 : A fresh demand was made by the grooms family and my Uncle sent the “asharfee” (golden coins) to my “bua” and my grandfather promising yet again a piece of land. My mother had to let it go in the interest of the family. She was left with only an almirah by now. My father had to give up his wedding watch too.
Late 1970 : My Uncle got married. My father got my Uncle employed in his own firm.
During this period my father bought a land where he contributed almost Rs. 25,000 and my Uncle contributed Rs.2,500. The land was bought in the name of grandfather as a respect.
Early 1980 : My father started constructing a new house ( 2room, small house) as per his capacity as the ancestral house was getting old. All cost of construction was born by my Father. Our family were living away from village by now and I had started my schooling, with my father started working for a reputed company and the life were moving on a right track.
1981: My brother was born.
1982 : My father asked my Uncle to send his small son to him for getting him educated which remained a nuisance for us and finally we had to send him back after a year of trial. My Uncles’ family said something was fishy and all sorts of abuses and misunderstandings started. We never recovered our courage to propose anything else with such an outburst. By this time I started doing well in my studies with good results and being in top 3 in the classes I studied.
In the meanwhile my Uncles’ family shifted in the new house made by my father without even having a courtesy of informing us and even without performing the “griha pravesh pooja”.
1990 – 2000 : I kept on concentrating on my studies and completed my higher studies and started job in late 90’s.
2000 : My father was getting retired in another 18 months and shared the thought to build basic amenities like water/toilet etc. in the constructed house.
2000-2002 : The repeated thoughts were never acknowledged properly and my Uncle didn’t allow to build anything. Finally my father had to buy a flat in Patna with his hard earned money to live his life post retirement.
All along the discussion went on an the delaying tactics of my Uncle went on.
2002 : My Uncles daughter got married and he sold off a ancestral land to meet the marriage expenses without even asking for our thoughts, ideas and decision on it. However, he promised to provide an equivalent land from his share of the ancestral property.
2003 : I was to be married in the village and for that the basic infrastructure needed to be created. Uncle refused to pay heed to it and said “Nothing Doing” he was not ready to contribute anything. Anyways I got married to our utter inconvenience and embarrassment and hardly spent a day post my marriage in the house.
2005 : My son was born.
2006 : My grandfather died at the age of 107 years. He had a very horrible time in the hands of my Uncles family. The treatment of my Uncles’ family to him was shocking and he used to hurl abuses, physically dump and thrash him. God showered mercy and called him in his custody. I was very close to him and still regret to his sufferings now.
2007 ; I wanted to get the “mundan” of my son and due to such stand, had to get it done at Patna.
2007 – 2010 : all these years we have trying to persuade my Uncle and his son to talk ona honourable separation which has been falling in deaf ears.
We feel its an intent of theirs to consistently keeping us through the inconveniences of life so that we give up and leave all property. My father is elder to him but he has been abusing him like anything now and my father being soft spoken had to give him a befitting reply;
2010 ; I started forcing my presence now and putting up the discussion directly with my Uncle. He reverted saying I am not qualified to do so as long as my father is alive. I did keep my calm and honoured his existence which I will continue to do so.
In mid of the year we caught hold of Uncle and gave him options to choose from to have a honourable separation as we wanted to build a house of our own and plan life forward. He bought time on the pretext of discussing with his son etc. even I have been discussing this with his son to avoid any inconveneinces and in the interest of the family at large.
My Uncle committed to one of the option and and we went ahead . We planned the “griha aarambh” pooja but exactly 12 housr before the ceremony he again threw tantrum that how can you do this till the land has been separated and shared. We went ahead and did that and had a strong argument.
Yet again we have been discussing whats the issue, why they change in stance etc. ….without any change in their stand.
We feel it’s a clear intent of their to keep us from the rights of the ancestral property without acknowledging the past obligations to us so that he has an easy and comfortable right to the whole property.
We would like to seek your advise to the below:
1. Can my mother claim the equivalent ancestral property in exchange of the “asharfee” and other utensils/goods etc. given as “consideration” to my “bua” (fathers sister) taken by grandfather. (The witness to the incident being my “Bua” who is the beneficiary)
2. Can my father claim from my Uncle, the land in exchange of the land he sold for the marriage of his daughter and as per his promise was supposed to be given to us.
3. Can my father claim the right to the land (complete/part thereof as per the contribution made) purchased by him but in the name of grandfather. It’s the same land where we had performed “griha aarambh” and would like to build our new house?
4. Can we force a notice to the parties holding share in the land on our intent to take our share from it?
Your advise would be appreciated to get out of this mess.
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Guardianship
Dear Sir(s),
X & Y are brothers both married. Y & his wife died leaving behind their 2 children (both minor, 1 male & 1 female). X and his wife wants to be the guardian of aforesaid children & wants to open a bank account & execute / legal formalities of aforesaid children till the attaining of their Majority.
What proceedure can X adopt to open Bank A/C of these children and can further execute other legal formalities of aforesaid children till their Majority??