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advocate satya   10 October 2008 at 13:34

arbitration and execution

sir
can a arbitration proceeding if not attended and proceded ex parte, and execution is filed how it can be challanged and what is the remedy to contest?

Rajaram C Iyer   07 October 2008 at 15:14

Suit for damages

Dear Members,

Please give a format plaint for suit for damages

Shikhar Khanna   07 October 2008 at 15:13

change of KARTA under HUF

My father passed away this year and he had a HUF property. As he has left no will, my legal advisor asked me to create a family membership certificate attested by the local court and executed by the Disctrict Magistrate of Kanpur so that I could operate the bank account of the HUF as the acting KARTA, me being the eldest male of the family. Please let me know if i need to posses any legal document to declare myself as the next KARTA for the same HUF account for any other legal matters like selling the HUF property. For eg. My father had invested some money into government bonds under the HUF account. How do i legally convey them that I am the new KARTA and how do i redeem the bonds after they are expired. Please let me know if the FAMILY MEMBERSHIP CERTIFICATE is enough to prove my identity as the new KARTA or i have to posses any other legal document for the same ?
Moreover i do not want to file for succession in court because my legal advisor advised me that it takes a lot of time and the expenses are huge. Please assist..

advocate satya   07 October 2008 at 13:10

juridiction of court

sir
if someone resides at delhi and have a property at kolkata ,if any dispute arises with some neighbour at kolkata for the concerned property can a case would be filed at delhi court as the complainant resides at delhi, pls advise

Ramachandran   03 October 2008 at 15:01

property sharing

My mother has 4 brothers,and her mother is alive,my mother live on her fathers property for past 25 years, now her brothers dont want to give a share, so they are planing to share the property among them self, without my mothers knowledge, they are planing to write the house which my mother lives on to ealder brothers name,

is it possible to do like this ? if yes how to stop doing like this, without giving a share to my mother.

Regards
Ram

Kiran Kumar   01 October 2008 at 20:44

Order 19 Rule 3 (1) CPC

well friends, i ve got a very important point to discuss with u, pls oblige by responding.

A files an Ejectment Petition under East Punjab Urban Rent Restriction Act against a tenant on the ground of personal necessasity of her son and secondly on the ground of delapidated condition of the shop in question. Petition is filed in April 2005 and finally argued in September 2008.

The Rent controller dismisses the petition on the ground that the affidavits produced in the form of affidavit are to be rejected because of defective verification, citing further reason that the petitioner and other witness have verified the affidavit as'....true and correct to the best of my knowledge and belief', and this is incorrect verification because it is not explained what portion is out of knowledge and what portion is out of belief. Order 19 Rule 3(1) CPC

Now, my query is when the affidavit was tendered into evidence, court scrutinised the same and found it correct thus taken on record, no objection was raised by the opposite counsel further the petitioner and the witness were subject to cross examination and no objection was taken then also even suggestion to this extent was never given. Whether the rejection of affidavits at this stage is correct? It is pertinent to mention here that the rent controller though read in to the cross examination of the petitioner and only that portion which was against the petitioner.

Whether another opportunity should ve been granted to file additional affidavits?

What is scope in appeal?

Whether CPC strictly applies to rent matters?

Whether appelate court can grant opportunity for additional evidence?

Whether procedural law shall affect the substantive rights?

When evidence is supposed to be on oath only then whether verification is necessary?

pls reply as soon as possible.

Regards,

advocate satya   30 September 2008 at 12:58

procedure for case against company

sir
what is the procedure if someone working as manager in a company removed from the company without notice. do he has to approach high court or district court and under which section and which act he can file his case?

KamalNayanSaxena   28 September 2008 at 17:31

Status of Nominee

Are the LR's of nominee have legal rights over small savings in post office.

Apurva Kumar   28 September 2008 at 14:50

issue regardng franchisee

Problem;

-Dispute b/w the franchiser (a reputed telecom co.) & franchisee
- I am from the franchisee side
-Points;
-Existing agreement valid till 2010.
-Company is pursuing the franchisee to sign a new agreement.
-Franchisee apprehension is that by the new agreement and norms there payouts (commission) might decrease drastically.
-Issues;
-The co. without any bilateral agreements has started payments as per the new proposed agreement. Without holding any meeting or listening to the franchisee i.e. very much acting in a monopolistic way (hence franchisee apprehension were true).
-Steps Taken Till date;
- The franchisees (7 in no.) have jointly served legal notice to the co. in reply to which they send a very casual and general reply wherein they have falsely denied the allegation prime facie.
-They have referred a certain clause of the agreement wherein they have all the rights to change any clause by giving a circular or notice. (Seems to me they are acting in a very professional manner)
-Question;
-What is the need of such bilateral agreement when there is such hidden clause which they can use as a tool to serve there own interest at any pt. of time?
-Relief;
-My arrears
-My earlier blocked payments with interest.
-Last but not the least if at any time they want that they are not willing to work with me they can terminate the deed by giving me my all the arrears along with my guarantee money. As there is no future with such co. who has no work culture and professional ethics.
-Any suggestions where to sought relief from either MRTP,TRAI,WRIT,or Simply Dist Court? And what to do after legal notice where to go please help me step by step as I am new and confused please!

Regard
Apurva-Kr
Advocate,Patna High Court.

mastanrao.bhogadi   28 September 2008 at 14:21

Transfer of a decree of small cause to regular side for execution

Sir,
a decree passed by small cause court can be transferred to regular side for attachment of immovable property in view of amendment to Sec42 of c.p.c.