G.Padmanabhan
28 June 2009 at 08:40
One of my client's husband, employed on railways, went missing in oct 1995, and an FIR was filed, and untraceability certificate issued by police after 11 years. Now, for the wife to get full terminal benefits from the railways, she was advised to get a 'deemed dead' decree from a competent court. Suit for declaration for deemed death filed by the wife. But, no further relief has been prayed. Will failure to pray for further relief (Proviso to S.34 of Specific Relief Act) be an hindrance to get a declaration from the court? Parties impleaded were District collector and the employer. The plaintiff has no necessity for further relief from a court. Further relief based on the court's declaration is available only with the administrative (railways) authorities? Any judgement to the effect that where the plaintiff's further relief is before administrative authorities, it is entitled to declaratory decree even if further relief has not been prayed for.?
imthiyaz
28 June 2009 at 07:10
Dear All,
Decree consisting of 11 decree holders in a very old Muslim partition suit, The suit is still pending in final decree proceedings adjourned for next month.
Almost 250 members on record as of now as legal heirs of plaintiffs and defendants as original plaintiffs and defendants died long back.
In case of one 2nd plaintiff legal heirs,who has 2 orphaned grandchildren from predeceased son and two daughters,
The surviving daughter has already filed an Interlocutary Application in pending FDP to delete these 2 orphaned grandchildren of predeceased son on record along with them under the 2nd plaintiff legal heirs,
Question: Our Interlocutary application to delete some legal heirs of plainiff on record is not heard from past 20 months in this pending Final decree proceedings,
Our advocate says we cannot move to high court until we get an order on our Interlocutory application, which seems like quite impossible in this lower court,
Our advocate says it is difficult to file writ petition in high court as we have to serve notice to almost 250 members,
But our matter matter is concerned with only legal heirs of one plaintiff who has 2 orphaned granchildren and two daughters as legal heirs on record in pending FDP,
Buy taking the order sheet copy of past 18 months in which our IA is not heard,
Can we file a writ petition by making only these orphaned grandchildren of 2nd plaintiff as parties in the writ petition, as the matter is concerned to only Legal heirs of 2nd plaintiff not to all legal heirs of plaintiffs and defendants..
Please advice how to proceed, we can file a writ or Civil revision petition . can we file Writ petiton by making only these orphaned grandchildren as parties.
Thanks
Rathish
27 June 2009 at 22:22
HI,
I would like to have consultation with a lawyer from bangalore lanter on engage them ,this is for a accident case that ouured in th emonth of april,
Thanks & regards
Rathish
prakash bajpai
27 June 2009 at 12:14
Dear friends,
I am staying in an apartment complex. There was some problem with a neighbour related to gossiping about myself and wife with other neighbours in the complex. After a show off discussion our families stopped interacting in any way. Now the said neighbour has apparently engaged a lawyer and this lawyer has sent a legal notice claiming that we are mentally torturing and harassing them. We should stop doing this otherwise a police complaint shall be filed. The lawyer seems of very low capability as the letter is so full of errors that one can hardly understand what is meant to be conveyed. There is nothing specific mentioned in the letter by way of date or incidents.even the spelling of the name is wrong.
What is suggested course of action? Should I respond at all?
if Yes how a) by myself or b) through a lawyer?
Mohamed Ali
27 June 2009 at 07:23
A muslim partition suite is preliminary decreed in the year 1954, the final decree proceedings is still pending and ajouned yasterday for next month, which had started in the year 1986,
All the decree holders and even many of their children and grandchildren have died, many of the legal heirs of decree holders have to brought on record and some of the legal heirs of a decree holder(plaintiff) who are not entitle for share as per Mohammedan law have wrongly been added as legal heirs of one plaintiff t the start of final decree proceedings.
Question: Now the Judge is suddenly taken a U turn and is telling, all of the legal heirs write a memo stating that pass on the final decree as per preliminary decree dated 1954 and he will passed an order, ignoring almost 80 Interlocutary application pending from the year 1986 in the pending final decree proceedings, in which some application to delete some wrongly added legal heirs of one of the plaintiff is also their and some subsequent purchaser after decree have been added as additional defendants and rest many of the application is to bring legal heirs of decree holders on record. our advocate questioned the judge he cannot pass an order based on preliminary decree as all of the decree holders have long died now but the judge is not willing to listen our advocate, our advocate said final decree proceedings is nothing but continuation of original suite and anything can be done here, or advocate further said we have an Interlocutory application pending in this FDP to delete some legal heirs of one plaintiff who are not entitle for share and have been wrongly made as parties, but the judge is saying that u can take care of that after the share is allotted to that plaintiff as per decree,but that plaintiff has died in 1979 and even her children except one daughter have died. But the judge is not understanding the things, Please advice how to proceed as we want the legal heirs of plaintiff who are not entitle for share must be removed from record in the pending final decree proceedings itself, further the judge is telling u can raise your concern in execution after final decree is passed which is wrong, can we go to high court on that memo which judge is taking to pass final decree based on preliminary decree and stop the judge from doing so, or what alternatives are there for us.
Amarjeet yadav
26 June 2009 at 22:56
Here i have transferred my share of land in favour of my sons in 1995 and a court decree was obtained in this regard now the situation is this that my sons are not taking care of mine so i want my part of land back plz guide me can this decree be set-aside?
walter
25 June 2009 at 12:56
Can we seek information from banks and financial institution about our transaction basing on R I Act?
Narasimha swamy N
25 June 2009 at 08:22
The property was mortgaged by us and registered with subregistrar.We paid the amount and got morgage papers but failed to get same removed from subregistrar office. Now we lost the paper but we do have the postion of property
Now they are claiming the the mortgage is not released and since time is barred they are claiming the property belongs to them
Even they dont have the orginal Mortgage paper
is there a time limit to get the registration cancellation from Subregistrar
I think even the other party has not claimed any money from us and hence Limitation act also applies to him to claim the money
can you please explain the implicaions of the same
Dakshina Murthy
25 June 2009 at 03:32
1) Can a (fabricated or forged)unregistered codicil of 1994 superceed a registered WILL of 1992.
2) How can a fabricated or forged codicil be proved as forged in the court of law?
Please advise ..........
Thanks
Murthy
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refusal of summons by defendants
The defendants have refused to accept the court summons as well as the private service.
Instead of proceeding against the defendant by declaring them 'ex parte', the judge has ordered to send summon again.
Is it legally valid?