Anonymous
19 July 2010 at 09:44
Our father died intestate in 1996 and was a member of BSE. We are 5 legal heirs and some how two legal heirs had managed to influce him and were handling his share broking business under POA, which became null & void immediately on his death. One of the legal heir had intimated of this fact to BSE but due to corruption BSE allowed these to legal heirs to continue for some time and they managed to siphon off large sums of shares and money. These two had also managed to open a joint account with late father with BOI and till this day dividends from various cos. are credited to these accounts and bank is not willing to close the accounts as they are joint accounts. After a delay of almost 14 yrs. legal heirs decided to settle the issue of sharing the assets and entered in to un registered MOU where in one of the legal heir who had lended shares to BSE towards security on behalf of late farher put a clause saying that his shares will be returned to him and that he shall be compensated for the losses if any incurred. He with held the fact that BSE had sold off shares of one of the co. and had credited the amount to the joint accounts controlled by these two legal heirs. What was agreed to was a fair compensation that too without knowing the above facts about disposal of shares by BSE and crediting the amount realized in the joint account. For the settlement purpose a separate joint account ( with one who had given security and was managing the two joint accounts + 2 other legal heirs who were not involved in father's business ) was opened in BOI so that other legal heirs do not get cheated again. But it was envitable due to greed of the 1 st joint account holder who black mailed others and did not share the funds received from BSE to the extent of Rs.12 lacs that were received in the account of his wife who was nominated to the membership of BSE to resolve long pending issue of settlement. He and his wife is now demanding full money at current rates for shares given as security to BSE inspite of BSE having paid the amount on disposal of shares in the joint accounts of late father under their control. They now also wants to pocket the shares still with BSE valued at over Rs.50Lacs which they can not do as these will be transferred to the joint account of legal heirs and not to his wife's account.
According to us legal heirs it is pure cheating and we therefore have following queries:
1) Is the un registered MOU binding on legal heirs as the crooked legal heir and his wife always avoided registration of MOU or courts due to ulterior motives?
2) Is their demand of full value as on date for the shares so called sold by BSE and inspite having received the compensation justiried as he could have bought these shares again from markets. Also he did not took up the matter with BSE and now trying to exploit the other legal heirs ?
3) Can other legal heirs file a case of cheating and frauds againsr the brother and his wife for not sharing the funds in agreed share with other legal heirs?
4) Do we have to make BSE a party in the matter ?
5) What can be done to ensure that the dividends paid in to joint accounts are not siffoned off?
6) Can this matter be taken up in Sessions Court as Lower cours are infested with corrupt judges who may delay the matter for years or pass adverse order ?
Kindly help as I am a retired person with not much of earnings and savings.
Regards,
Sumir
19 July 2010 at 01:51
I want to know what all documents should an eatery or canteen must have, which is in the campus of a Maharashtra state government run hospital cum canteen, to call it legal? e.g. FDA license, it should come through proper tender, government resolution etc.
Anonymous
18 July 2010 at 22:24
Please answer my query: "A" gives a all power by a Power of Attorney to "B",
1.Can "A" sell property by sale deed and register the same to "X" after giving power to "B"?.
2.Can "A" sell property to "B" itself, if so who have to sign the deed?
Anonymous
18 July 2010 at 20:29
The different stages of a civil suit in the trial court. Comments from the members is requested.
1. Institution of suit
2. Notice to opposite party
3. Filing of W.S. by the opposite party
4. Replication by first party
5. Evidence of the first party
6. Evidence of the respondent
7. Cross examinination by respondent
8. Cross examination by first party
9. Framing of issues
10. Final Arguements
Regards,
P.C. Joshi
Anonymous
18 July 2010 at 18:46
plaintiff filed petition under order 38 rule 5 of cpc before judgement to attch the property of defendant. court directed defendant not to alienate the property instead of giving attachment order,by way of injunction.the said petition was also made absolute.suit was decreed.later defendant sold the property under regsale deed.my question is whether the plaintiff is entitled to brought the property for sale eventhough there is no attachment order.whether the plaintiff can brought the property for sale basing on the injunction order.
pratik
18 July 2010 at 18:39
Indian Succession act, 1925.
363. When unsatisfied legatee must first proceed against executor, if solvent.- If the assets were not sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
Query: How can a executor or administrator can become a insolvent because a executor is appointer as per the will & the administrator is appointed as per the court process so i have not understood actuall saving of the section that what does the sections speaks .
Pls explain me the section with the help of a example(S).
Thanks In Adavnce.
pratik
18 July 2010 at 14:44
Indian succession act, 1925.
379. Mode of collecting Court-fees on certificates.- (1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870, (7 of 1870.) in respect of the certificate or extension applied for.
(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid.
(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it.
Query : As per Section 379(3) if the sum depositd is not expended then it will be refunded. so as per section 379(2)the word "SHALL" doesn;t have the meaning only.
So as per my interpretation if the judge doesn't increases the deposit amount than than the whole amount is refund so the word shall doesn't have any meaning .
Pls explain me the sub section (2)&(3).
Thnaks in advance.
pratik
18 July 2010 at 13:08
Section 375 (2) The Judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder.
Query:
WHat does the section says in detail because i am confused that a person can files a case on this name also which i have heard the first time as per the above section so i need a explanation that what does the section says pls in detail. if possible with the help of a example(S)(S)(S)(S)(S)(S)(S)(S)(S) ?
Thanks In Advance.
GOD BLESS U ALL.
pratik
18 July 2010 at 12:28
Indian Succession Act, 1925
382. Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases.- Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII--
(a) has been granted to a resident within a foreign State by an Indian representative accredited to that State, or
(b) has been granted before the commencement of the Part B States (Laws) Act, 1951, (3 of 1951.) to a resident within any Part B State by a district judge of that State or has been extended by him in such form, or
(c) has been granted after the commencement of the Part B States (Laws) Act, 1951, to a resident within the State of Jammu and Kashmir by the district judge of that State or has been extended by him in such form, the certificate shall, when stamped in accordance with the provisions of the Court-fees Act, 1870, (7 of 1870.) with respect to certificates under this Part, have the same effect in India as a certificate granted or extended under this Part.
Query :
1) What does the section says pls explain me detail?
2) Also pls give me the reference that which books is more perfereable to read "Arbitration and Conciliation Act 1996" to understand in depth with the case laws.
Thanks In Adavnce.
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Professional misconduct
I had filed a petition in the high court .An advocate of the opposite party filed wrong affidavit and provided false information to the highcourt. The petition was withdrawn by our lawyer for unknown reasons without our consent. I do have full proof that the lawyer had provided false information to high court.
These is professional misconduct from both the lawyers. What should I do ? While withdrawing the petition my lawyer granted liberty for filing the petition again which was granted. Can I file a petition again with reference to all earlier petitions and submissions ? Though the petition was withdrawn in dec 2009, my lawyer has not provided me verbatim, file notings and the final order copy from the court . What should I do ?