Anonymous
02 January 2010 at 10:52
a property has been purchased by a partnership firm having three partners. after sometime one of them died. now problem is this ..and other two partners want to mortgage the property. Is is possible ? and what should be do?
Anonymous
01 January 2010 at 23:01
If an SLP for Limitation for a will filed in the Supreme court has been dismissed due to non appearance of the petioners counsel and on merits then what is the action one may take ?
Either to file for recall application or for resoration or to file an appeal against the judgement or to file for revision. Pls. guide what kind of application is to be filed .
Also what is the difference between recall,restoration, revision and appeal in legal language,please explain.
DEVENDRA
01 January 2010 at 21:21
"A" had obtained decree of permanant injunction against "B" not to interfere his possession over suit property.By this judgement, ownership of "A" over suit property was confirmed This decree is confirmed as "B" has not filed any appeal agaianst the judgement & decree.
After 5 years "B" has obtain decree of mandatory injunction againast "A" over the same suit property - i.e to remove the construction over the suit property.
Upto high court, the decree agaianst "A' is confirmed.
Unfortunately, "A" and / or his then advocate has failed to convince Court about previous decree. Fact of Previous decree was remained untouched in next suit.
Now "B" has filed execution proceedings against "A". Further, "A" wants to file execution proceedings against "B" as decree against "B" as mentioned above is still unchellenged. No question of limitation as both decrees are within 8 years.
Now what will be the legal position ?
Whose decree can be enforced by court ?
What about cross decrees ?
Anonymous
01 January 2010 at 17:34
One of my friends has purchased some shares from a company called "southern spice" long time ago. It has come to my knowledge that this company doesn’t exist now. Is this true? What if the company has winded up their business can he claim his share back ?
SATYANARAYANA K
01 January 2010 at 17:18
A person is working in Mnc. His all tax has been deducted from salary by way of Tds. There is no his tax liability upto 31.03.2009.But he did not file return by 31st July,2009. Now he wants to file return. will he pay interest u/s 234 for delayed submission of return.
Mohamed Ali
01 January 2010 at 12:21
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
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 aying, whether these Orphaned grandchildren entitle for any share in 3rd plaintiffs property cannot be settled in this pending Final decree proceedings as per order 1 rule 8, further saying Final decree proceedings is for only allotment of shares as per decree.
Judge failed to assess that when one is not a legal heir as per law, he cannot be a legal representative he can be strike out from record as Final decree proceedings is a continuation of partition suit.
Question: Our advocate is now filing writ petition in the high court to challenge lower court order,under order 22 rule 5 along with judgements on Mohameddan law for orphaned grandchildren and judgements on competency of final decree court..
Is he proceeding in a right way, is he using correct section of CPC, If any other please suggest. Whether highcourt gives dirction to trial court to strike LR’s wrongly added ?
Order 22 Rule 5. Determination of question as to legal representative.
Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court:
1[Provided that where such question arises before an Appellate Court, that Court may, before determining the question, direct any subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate Court may take the same into consideration in determining the question.]
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