Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MahendraKumar.H.Trivedi   09 March 2018 at 22:26

Unregistered firm and death of a partner

In a title suit filed by an unregistered firm of two partners for specific performance, during pendancy of the suit one partner died long back. No legal heirs named.
Should my lawyer have moved application to desuit the remaining partner as the firm stood dissolved. Remaining partner has not filed application to amend the plaint in his name. Should the court have admitted the suit of unregistered firm. Contract signed in the name of the firm in 1986. Suit filed in 2005, one of the two partners died in 2011, issues framed in 2013, Suit came on board in 2014.Regards.

K PALANIVEL   09 March 2018 at 10:32

Partition in coparcenary properpy

sir,
The SC on CIVIL APPEAL NO.7217 OF 2013 PRAKASH & ORS. …APPELLANTS VERSUS PHULAVATI & ORS. ...RESPONDENTS held that Hindu Succession Act 2005 will not have retrospective effect. If the father died before the enactment of Hindu Succession Act 2005 (Amendment), the daughter of the father, cannot claim share over the property. Whereas in Civil Appeal Nos.188-189 of 2018 Danamma @ Suman Surpur & Anr Vs Amar & others (SLP 10638-10639 of 2013, the daughters would become coparcener by birth in their own right in the same manner as the son and are therefore entitled to equal share as that of a son.

Now, the question is whether HSA (Amendment) Act, 2005 has retrospective effect and if the father died before the amendment of the above act, the daughter can claim share over the father's property. Kindly advice.

bankim   09 March 2018 at 08:50

Section 9

My brother in law file section 9, to counter this can we file 1st section 125, or domestic violence. Bcoz he physically and mentally harassed my sister.

S BISWAS   08 March 2018 at 22:56

Red stamp on registration

I purchased a housing board flat in resale, the bank valuer also gave the report of the properly. New when document submitted in registerer of then it came to know that this property is booked in mcd office. A red stamped would be marked on this registration document. This property is financed by a bank. What will be bank action on this red stamp. Please help and guide me. What to do for not stamped of red stamp.

gangesh   07 March 2018 at 23:28

Question on right to way

Hi, I have a house in my village which can be accessed through the land of one of my neighbor.This way is broader and I can go with my car /other vehicles however my neighbour often stops the way asking to not use his land for car/vehicles and he only permits me to access this way by foot path only. My house is 35 year old and I have been using this way only till date to reach my house. There is another way also through which I can reach my house but that road is too narrow that I can not reach by car/rickshaw etc and only pedestrian can walk on that. So I wanted to know that can I claim easement right through my neighbor land as it is more comfortable way because I can use four wheeler,tractor and other vehicles for reaching my house . Please suggest if there is any case law for this type of case. many thanks in advance

sumer singh   07 March 2018 at 14:26

Contempt petition in cat dismissed than appeal in which cou

Hon'ble CAT decided that - "we direct the respondent to consider to upghrade the post of applicant from pay scale 6500-10500 to 7500-12000 as approved by the 24th governing body of department w.e.f. 1-1-1996. they are also directed to treat the post of applicant upgraded from the date the post of respondent 4 & 5 were upgraded. this exercise must be completed within 3 months and applicant shall be entitled to get all the consequential benefits after upgradation of his post w.e.f. 1-1-1996".
In appeal High court said that "direction to give the benefits on notional basis with effect from 01-01-1996 is also on the same line as per decision of the Board." we, therefore, find no fault with the order dated 20-09-2016 passed by the tribunal" with this clarification, the writ is disposed of.
respondent organisation sanctioned notional benefits up to 23.03.2014 and actual benefits w.e.f. 23-03-2014 but paid from 01-01-2014 and fixed wrong pay fixation and calculated wrong house rent allowance and on the basis of wrong calculation arrears were paid to the applicant w. e.f. 01-01-2014.
respondent submitted that we have compliance order and consequential benefits have been granted to him w.e.f. 28-03-2014 the date from which respondent no 4 & 5 were granted. on the basis of affidavit contempt petition was droped/dismissed by the CAT.

in this case my arrears/benefits (actual) was not sanctioned from the date of governing body decision, other side arrears already sanctioned to the my counter part for upgradation and given 1st ACP benefits above promotional post.
please guide me- 1. can I appeal in this case or if yes than in which court.
2. can I filed new OA for grievances regarding wrong pay fixation and wrong calculation of HRA.
3. any other relief how to get.

Anonymous   07 March 2018 at 13:35

Pious obligation

Is son liable to pay father debt under hindu succession
If son is not liable for debt after 2005 amendment
I need case law related to my issues

bankim   07 March 2018 at 10:36

section 9 suit filled

My brother in law file section 9 against my sister and my family. He and his family torture my sistet physically and mentally, and did not provide her proper food due to she gave born a girl child. She treated in govt hospital 4 days and transfusion 2 unit blood in oct 17 end. After that she is was in my house for 2 months for recovery. After she return her husband house, they planned and give some ornament and took a written i am willingly taken. After that they bit her and wipe out from their home. We did not complain or case for save family of my sister. Please guide what to do.

Laksh priya   07 March 2018 at 10:28

Written statement

sir/ madam,
i have to write plaint in a suit for promissory note (model). i have a model which states that the plaintiff issued certain some of money to defendant at 12% p,a, the defendant agreed to settle the loan within 2 months. the defendant provides a cheque to plaintiff which is post dated. then plaintiff approaches the bank and bank says "account closed". he cheated the plaintiff. plaintiff isuues a notice to pay the dishonoured cheque amont. this is the fact. is this the model correct for my question

Anonymous   07 March 2018 at 10:10

Case of section 9

My brother in law file section 9 against my sister and my family. He and his family torture my sistet physically and mentally, and did not provide her proper food due to she gave born a girl child. She treated in govt hospital 4 days and transfusion 2 unit blood in oct 17 end. After that she is was in my house for 2 months for recovery. After she return her husband house, they planned and give some ornament and took a written i am willingly taken. After that they bit her and wipe out from their home. We did not complain or case for save family of my sister. Please guide what to do.