Soma
06 February 2010 at 22:44
My client are the legal heirs of deceased land owner of an apartment.
Bank had taken One of the top floor flat under SARFAESI Act and land owners raised no objection as they thought that it was mortgaged to Bank.
Subsequently they found that the same flat was not sold to any body by their father, never, and it was not mortgaged to any bank. Actually the ground floor flat is mortgaged to that bank by its owner. Which was sold. But the bank has taken possession of wrong flat.
Now the bank has published sale notice in news paper but no notice fixed on the property. Notice published on 06.01.2010.
Whether sale proceeding can be stopped?
Under what provision of law?
What is the limitation period?
M Ravinder Babu Advocate Parka
06 February 2010 at 21:31
DECEASED DIED WHILE IN SERVICE,HAVING TWO WIFES.
First unemployed,having major daughter.
Second WIFE working as conductor had a son now(after death of deceased)became major.
Though providing job in harness to the diseased employ family as matter of right the department is willing to provide job.
No understanding between wives of deceased like wise the children.
1st wife daughter completed 10+2 and appearing degree final in distance education.
Second wife son now in 10+2 final.
both are willing for jobs.
Who are the fit persons to get job as per law.
Anonymous
06 February 2010 at 20:59
Respected Experts,
I need comment on the following
That Plantiff and respondents have file their pleadings which have now been completed.Please suggest tips on final argument
Whether I should start the case with briefing on the facts before the magistrate/judge
such as facts of the case
reply made by the respondents
Issues arises
Arguments with citaions
OR
directly over Issues with Arguments with citations only
Please provide information in detail
raj
06 February 2010 at 17:00
dear learned counsel!
An EP is pending against me in the family court.In 2005,my ex wife and me made certain terms of compromise regarding our female child through lok adalat award,according to which my ex wife act as guardian to my child.But later due to change of circumstances,my child is living with me.After 4 years my ex wife filed an EP in the family court.I too filed a GWOP in the same court for change of guardian ship and it was accepted by the court.Can i get stay orders in EP in the family court.Please advice.
shantanu dekhane
06 February 2010 at 14:51
How to prove any document in the court of law.
Mohamed Ali
06 February 2010 at 14:29
A Sunni hanafi family partition suit was decreed in 1960 by the Additional court,
our grandmother who is 3rd plaintiff in suit was entitled for 1/17th share as per decree,
She died 26 years after decree in 1986.
She had 1 predeceased son with 3 children’s and 2 daughters’s who survived her.
While filing Final decree petition in the year 1989, the 3 children’s of predeceased son were wrongly brought on record as Legal heir’s of 3rd plaintiff along with her two daughters for which the two daughters did not object.
Now in the year 2008 daughters have filed an Interlocutory Application under Section 151 of CPC, in front of the trial court to strike out from record those 3 children’s of predeceased son who are not entitle for any share in 3rd plaintiffs share as per Mohameddan law. It is well Known that as per Mohameddan law Orphaned grandchildren are not entitle for any share in grandparent’s property.
Orders on our IA: The Judge has dismissed our IA saying, Whether Orphaned grandchildren will get any share or not will not be determined in this pending final decree proceedings, Final decree proceedings is only to allot the share as per decree. Morever we have not objected at the time when the LR application of this orphaned grandchildren was filed in 1989.
We filed writ petition in high court..
Writ petition in High court: The high court also has held same view as trial court and dismissed our Writ petition, saying if these grandchildren are not deleted from the record in this pending final decree proceedings it will not affect the other co-plaintiffs as just the names orphaned grandchildren as LR’s of 3rd plaintiff on record will not create any right to them. If they are not entitle for share as per Mohameddan law they will not get the share. But how ? Since they are on record right will go to them ?
Final decree proceedings is still pending..
My Question:
1) Can we file one more Interlocutary application in the trial court where Final decree proceedings is still pending, that these oprphaned grandchildren are not legal heirs as per Mohameddan law hence Orginal 3rd plaintiff’s share must be allotted to only the two daughters not to these orphaned grand children at the time of drawing of final decree.
2)Can we file a separate Orginal Suite parallel to this pending final decree proceedings based on Preliminary decree that the 1/17th share of Orginal 3rd plaintiff as per decree must be allotted only two daughters of 3rd plaintiff not to these Orphaned grandchildren. And later we can club this result of original suite with the final decree proceedings. As here the problem is limited scope of final decree proceedings
3)please suggest a way so that these Oprhaned grandchildren must not get any share in this pending final decree proceedings.
shrikant chede
06 February 2010 at 11:01
Dear counsels.pls reply immidiately
assesment under section 126 of INDIAN electricity Act 2003 is made accordingly bill are issued to the consumers .the consumer challange assesment under section 126 of INDIAN electricity Act 2003 before Hon'ble district consumer redressal forum
Hon'ble district consumer redressal forum quash the assesment under section 126 of INDIAN electricity Act 2003& order to issue bills as per spot inspection report ie actual electricity consumption whether i can file appeal for remaing amount after obeying district consumer redressal forum order to state commission
ExZAMPLE :-
1)Bill issue as per the assesment under section 126 of INDIAN electricity Act 2003 =80,000
2)Hon'ble district consumer redressal forum
order to issue bills as per spot inspection report ie actual electricity consumption = 20000
whether i can file appeal after recovering 20000 as per Hon'ble district consumer redressal forum order for remaining 60000 plese reply immidiately
shrikant chede
06 February 2010 at 10:48
Dear counsels.pls reply immidiately
assesment under section 126 of INDIAN electricity Act 2003 is made accordingly bill are issued to the consumers .the consumer challange assesment under section 126 of INDIAN electricity Act 2003 before Hon'ble district consumer redressal forum
Hon'ble district consumer redressal forum quash the assesment under section 126 of INDIAN electricity Act 2003 wheter i can file appeal for remaing amount after obeying district consumer redressal forum order to state commission
Anjali Arya
06 February 2010 at 09:41
In AIR 1986 DELHI 279 it was held that
Execution Court has no powers to pass an order for actual possession.
Whether it is still valid ?
If yes, what is to be done to execute the Decree ?
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RAJASTHAN NON-GOVT. EDUCATIONAL INSTITUTION ACT, 1989
HI MY EXPERTS FRIENDS AND RESPECTED SENIOR EXPERTS,
HERE IN RAJASTHAN HIGH COURT THE FOLLOWING QUESTION HAS BEEN REFFERED FOR CONSIDERATION BEFORE LARGER BENCH-
"Whether requirement of section 18 of Rajasthan Non-Govt. Educational Institution Act,1989 attracted even in case of un-aided recognised educational institutions?"
kindly answer.