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anshul sangal   24 April 2010 at 22:03

About replecation

What is replication

Anonymous   24 April 2010 at 20:53

Copy application in family court

Ld councels,

Is it possible to obtain copy of documents submitted by plaintiff under ORDER VII Rule 14(1) of CPC through a copy appliction before the family court.

These documents are not yet marked as evidence.

Pls clarify
Thanks

Anonymous   24 April 2010 at 20:13

relinquish/release and family partition deed

Family settlement and partition query
Details:
Father deceased in 2008
Mother ----alive
1st son--- deceased in 1993 (survived by wife and child now major)
2nd son---------alive

Assets
Father name-Immovable asset self acquired by father
Mother name--Immovable asset self acquired by mother
1st and 2nd sons--Immovable asset self acquired jointly
Facts
After death of 1st son there was diff of opinion between wife of 1st son and others hence a family settlement agreement between them reduced to the fact that wife will relinquish her share and the child share as guardian against consideration and the grand parents for welfare of child will keep some money in deposits out of love for welfare of child. And further it was agreed upon that they both would not enforce any right claim over the assets of the assets of father and mother now and also after their solemn demise. (They both are since staying with their parents)
Taking advantage of technical they (wife and she on behalf of child) did not relinquish their share and did not honor the settlement saying that it was invalid and rather went to court for her share under guidance from her family.
Now the matter has been settled amicable through well wishers against lump sum consideration.
ENQUIRY
1--Please advise what document has to be drawn by me 2nd son to avoid further dispute in future and the wife of the 1st son and her major child do not stake any claim on the assets of the parents currently existing in their name.

Will one registered document named --relinquish /release deed and family settlement partition.-- solve the purpose. Stating direct requishment of their shares inherited by the wife and child from the deceased 1st son from the self acquired joint asset of both brothers AND stake no claim in the assets of the father which they inherit after the deceased 1st son as per wish of the father (as stated by the father in a registered will were the 2nd son will be the sole inheritor of all asset) and also stake no claim in the assets of the mother now and also after her solemn demise. All this for a consideration also being given to them now.

2—Will this registered document be legally valid to get the records mutated directly in my name after the solemn demise of mother for the assets in her name or can they still create legal trouble if they even 1% desire in future after signing this deed ?
Please advise clearly the document to be drawn.

Anonymous   24 April 2010 at 17:22

order1roll 10

plz give me suggetion for

Anonymous   24 April 2010 at 16:35

Applicantion under Order 21 Rule 41 of C.P.C.

Applicantion filed under Order 21 Rule 41 of C.P.C. is part of execution proceeding or original suit???. If any one has got format of same. kindly send me.

Member (Account Deleted)   24 April 2010 at 01:36

similar claim by different parties

Sir, my husband has similar grievances as i do and in my each petition I involve his issue also, however he is never a co-petitioner with me. He was discontinued from his service by a seperate and similar order.
Is he free to move to court through a seperate petition even if i loose the case?

rajvinder singh   23 April 2010 at 22:57

both suit for declaration and writ at same time

i filed the suit for declaration for validity of marriage in lower court.the party also filed the CWP in high court for directing the tehsildar to register the marriage after the siut was filed by me in lower court.Now when i came to know about the filing of suit in high court i withdraw the suit.

is there any judgement regarding the same facts to counter the question raised by the advocate in high court that the party has filed the suit in lower court and at same time in high court.As i have withdrawn the suit in lower court can i take defence in high coiurt

Rashmi Mishra   23 April 2010 at 22:03

EQUIPMENT PURCHASED BY COMPANIES - CONSUMER PROTECTION ACT?

In the normal course of business, various defects are noted in the equipments / machinery purchased by a Company. Can complaint be filed against the seller of machinery, before the Consumer Forum for such defects. Or purchase of equipment for commercial purpose is outside the purview of the Consumer Protection Act.. ?

barun deka   23 April 2010 at 20:32

contract

any decisions regarding force majeure?