bilip kumar
19 October 2010 at 16:25
dear sir
R.Ramachandra garu thanks for the adive you have give for my query posted on 16th of oct thank for all the advisors
thanking
bdilip kumar
Anonymous
19 October 2010 at 13:23
A private aided school in tamil nadu(minority institution, malayalam) was running by its owner being father of eight children. In 1973 he made up a WILL stating that after his death his brother will have the role of Manager of the School till his death and after the death of both his eight children shall form a Trust and manage the School.
But unfortunately after the death of the founder of the school, his brother came into play and during his tenure he changed the WILL according to his wishes and made up to one of founders son the power to manage till his death also. The brother died in 1993
Because of that even after the death of both the founder and his brother, the School is run by one person instead of all such eight children by forming a trust.
case filed only belatedly after 17 years in 2009.
Now we want to know the legal remedy that may happen.
whether we shall succeed. How many years it will take
Still the one man who is the son of the founder , running the school based on the illegal WILL made by the brother of the founder of the school.
Out of the eight children four formed one group and the other formed other group including the present manager son.
Can We obtain injunction from court.
Please guide us what to be done to further stop the manager in atleast restraining him from appointing teachers and staff to the School till the disposal of the suit questioning his power to act as Manager and Correspondent.
thanks
ajith kumar
chartered accountant
Anonymous
19 October 2010 at 13:02
Recently a cheque has been in my favour against the sale of a property of my father in which I am the co-owner. The A/c payee cheque so issued bears the joint Account number with my mother and has a validity of one month for the date its issuance i.e. till October 20, 2010. I am under a apprehension that my father is likely to take my mother’s signature on the pay –in slip to deposit the cheque with my bank for its clearance into the joint account with my mother. I am also apprehending that my father may also try to transfer the aforesaid sum from my Joint Account. Can a legal action be taken against my father and also the bank for fraudulently transferring the aforesaid from my above joint account? Similarly can a legal against me be taken by my father for not transferring the cheque amount in to desired account to save the validity of the cheque issued. At present I am not maintaining a good relation with my father and thus would not desire release the cheque amount so easily and would also like to hang up the sum transfer procedure in favour of my father as long as possible . Plz advice protecting my legal interests. Its urgent
Vishwas Dhavale
19 October 2010 at 10:20
If a fraud is played against Court, does Limitation Act attract ?
Sec.17 of the Limitation Act relates to fraud played against a party.
But in given circumstances, I honestly feel that there should not be any period of limitation.
What is the legal position ?
Anonymous
19 October 2010 at 06:44
Suit for recovery of money.
Suit decreed with costs.
Plaintiff filed EP after calculating interest.
Appeal filed by defendant.
Stay on condition to deposit 50% of decree amount. Time for deposit 2 months. No stay as to costs.
Executing Court not reading full judgment now adjourned the matter after two months stating stayed by appellate court.
What is the remedy for the plaintiff?
Anonymous
19 October 2010 at 01:07
I was working in 'reputed' company in India. I was deputed overseas to work on company's project. As per company policy I was supposed to stay with company till the end of the project after returning from Overseas. they never mentioned any date for the end of project in policy but informed us through email. Also they changed that date for atleast 2 times later (after I left the company).But I left company few days after returning from overseas without informing them. I joined overseas company. Now company has filed a civil suite against me asking for money they have spent on my accommodation and other expenses during my overseas trip. Please note that there was no mention of money in the policy initially. They added the amount halfway through the project. The amount they are asking is overwhelming and I can't pay. They have also included injunction clause restricting me working with any company in Similar Field. I was never trained overseas. I just did the same work as I was doing in India.
Since I am overseas, I am thinking of not attending the civil suite. I understand that in that case the judgement will be given in company's favour. Now my question is if I am overseas, does that judgement affect me in any case? Does they ask for deportation from my present country? Can they issue arrest warrant or something like that for recovery of money. Please note I have few propety in India but not enough for the amount they are claiming. What will be the affect of injunction in case I decide to go back to india after few years? Can they restrict my movement/seiz passport if i go to India? Can they ask my present employer overseas to remove me from work? I am very worried about this case. Can you please give me the guidance?
Thanks.
Adv. Deepak
19 October 2010 at 00:07
A had kept Rs. 5 lacs in postal MIS Scheme in the joint name with his daughter-in-law B. A died in an accident. B being the survivor account holder withdrew all the amount and postal authorities made payment to her saying that when survivor account holder B is alive, then question of legal heirs of A does not arise. Widow of A, her son-husband of B, her daughter, filed recovery suit against A claiming the said amount and sought declaration that they being legal heirs of A are entitled to get that amount. They also sought declaration that holding of that amount by B be declared as illegal. What is the fate of legal heirs of A, when A died intestate and the joint account holder B has withdrawn the entire money? Will legal helrs of A succeed in the recovery suit as against B? What are the legal rights of heirs of A and that of B as far as Section 6 and Section 14 of Hindu Succession Act are concerned? Experts are requested to kindly give their valuable advice. Regards.
Kumar Krishan Agarwal Advocate
18 October 2010 at 22:29
Dear Ld Counsel,
Please do remember that In Uttar pardesh order 39, Rule 3A has omitted. The matter is lying in Uttar Pardesh jurisdiction.
Matter begins:-
1. I (plaintiff's counsel) have contesting a civil suit(A) began in 2008 of property dispute into which
I got an Ex parte interim status quo order on my attached Interlocutory Application[A1] for stay under Order 39 Rule 1,2 in suit(A) for stopping the mischief work. But when The respondents not stopped their mischief work, I filed another Misc Civil Contempt suit(B)Order 39,Rule 2A before the same court for taking prompt action but in vain & no urgent relief I got in contempt case.
The Respondents filed W.S on suit(A) plaint paras. The Respondents also filed objections (i.e reply) about the interlocutory application[A1] attached in suit (A).
2. After that various interlocutory applications filed by plaintiffs for Amendment, Discovery and inspection, Damages claim, etc which all are pending in the court file and not come up for the first hearing till yet since 2008. The matter is on begin stage & The Issues not framed yet.
3. The Respondents Counsel pressing on the hearing of the interlocutory Application[A1] in suit(A) to decide first while all the Interlocutory applications of plaintiffs may be heard later after the arguments completed on interlocutory app.[A1].
4. The Misc Contempt Suit(B) is lying motionless/inactive and put in and out its file every-time on each dates in the large file bunch of suit(A) (like matter be tagged) and only the hearing of the Suit(A) has been taking place on each court dates while the Respondents also not get the noticed served in contempt matter till yet i.e suit(B) and avoiding intentionally.
Now my Question Are :-
Q1. Is there mandatory according to C.P.C that to first decide the Interlocutory Application[A1] first while the rest of the Interlocutory applications of plaintiff's will be heard lately or after-that application[A1].
Q2. Why The Misc Contempt Suit(B) not proceeds on each dates separately by Court and ignoring the contempt matter to be heard?
Q3. Is the Civil Contempt matter(B) will go in parallel with the suit(A) by court or The full and final hearing of the Suit(A) the court of law will begin the trial of the suit(B) ?
i.e How and when the trial be commenced of suit(B) /at what stage ?
Member (Account Deleted)
18 October 2010 at 21:35
sir,
i want to know when and inter se for which relations a person, legal or otherwise, can claim a rendition of accounts ?
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Artcle 72 clause iv of Limitation act
Respected Seniors,
Defendant filed written statement stating that the suit is barred by limitation because the plaintiff filed suit for compensation againest defendant due to cause of death plaintiff wife who is deceased, for negligently kept the gas sylinder by the defendant infront of his shop resulting which the sylinder was blown away one peace was hit the wife of plaintiff. the plaintiff filed suit after lapse of one year 2 months for compensation. The defendant taken plea that the suit is barred by limitation. so I request the seniors please clarify the matter, is it correct? if it is correct may plese to furnish case law infavour of plaintiff.