Mohammed Rizwan Shaikh
08 February 2017 at 17:38
Dear Experts,
A Partnership firm was formed as per Indian Partnership Act and was registered with ROF, Mumbai. The said firm consisted of 6 partners wherein 2 partners retired and 2 expired. It is important to note that the said changes were not updated with the ROF. Further, out of 2 surviving partners 1 recently got expired and now only one is left. Can a single partner continue the firm as a partner or proprietorship? However, a case was filed by the partner of the firm in the High Court, so now with only 1 partner can the case go on or the legal heir i.e. the widows of the expired partners should be brought on record for the case?
Please advise.
Regards,
Rizwan Shaikh
Aditya Dev
08 February 2017 at 15:48
Where does first regular appleal lie agaisnt an order(not judgment) passes by a single judge of delhi high court??
please give provisions if you can??
Imran
08 February 2017 at 14:12
sir
i am landlord. property situated at mumbai. tenant died. tenant has no legal heirs. room is locked. please guide how to take possession of tenanted property as per law.
Thank you
Kvijay12345
08 February 2017 at 13:43
My friend had taken a Personal loan of Rs.6,51,000/- from private bank in September 2007. He defaulted on loan in Nov.2008 due to some dispute over agreement & he immediately informed the bank accordingly. Since then nothing happened till 2011, when the bank assigned its loan rights to ARC,without informing the borrower. However when the borrower came to know this he raised his objection to the bank as well as to the Arc.Now the Arc has moved to the DRT. I want to know what is the limitation period & Min. amt.due is required to file the case in DRT? I have heard that the time limit of 3years from the date of default & min.amount outstanding over Rs.10,00,000/- is the criteria to file the matter in DRT. Is this true? Can an ARC instead of bank file the case in DRT?
K Karunakaran
08 February 2017 at 13:09
Case Details.
A civil case with HR & CE department, Tamil Nadu. From 1984 to till date # 32 years old.
Original Suit, Appellate court and Madras High Court - all three courts concurrent judgement our favour and Honourable Judge at Madras High Court strongly criticised the behaviour of the officials.
SLP(Civil) was dismissed in Feb'2015 with the following order:=
""
Upon hearing the council the court made the following order
We find no reason to entertain this special leave petition, which is, accordingly, dismissed.
However the question of law is kept open.
""
Many request letters to respect the judgement was ignored for 14 months.
Execution petition filed in April 2016, court notices were kept on ignored by the officials. The Honourable Judge orally expressed his unhappiness during last hearing in execution petition case.
Now, in Jan'2017 the department has filed a Review petition in Supreme Court - 23 months after SLP was dismissed.
Both the Judges of the SLP is retired now.
The party is 77 years and lost his wife an year before and just dragging on his life.
The question - help required is:=
(1) How long the court will take to decide on the review petition.
(2) Is there anyway to request the court to expedite the process, if yes - Can anyone draft a petition and help us in filing the petition as petition-in-person or e-filing. (The party is from Chennai, Tamil Nadu). We are ready to pay nominal/reasonable amount as fees for the help.
(3) What other ways the HR & CE department will use to drag the issue.
(4) What happens - if the party is dead before the judgement is executed? will children get any remedy - is there any procedures for the same.
My heartfull thanks for the all the experts of this forum who help people like us and also spread the knowledge.
Thank you very much.
Regards.
KK
satheesh
08 February 2017 at 11:47
i am not getting response for the ADR posted on civil case between me and my old emplyer.
My laywer also not ready to share the discussion between the company and them.
So i disbelieve my lawyer, so whether i can reach the opporsition party without lawyer intervention in ADR perspective.
satheesh
Mani bharathi
08 February 2017 at 07:17
My father gave me 15cent land as family settlement when I try to change patta i found survey number is wrong my father expired before 2 years and I have no parent document on the survey number i use. If I see ec or patta i found anonymous names not my father name. I am using the Land my father is buried in that land only. Is there any possibility to claim for real survey number?
Aaarrvveee
07 February 2017 at 23:46
"A", a Hindu and "B", a Christian married under Special Marriage Act, 1954.
"A", proposed to adopt a girl child "C" one year old, who was his own sister’s daughter and she was already having two daughters and "B" reluctantly agreed for it.
post-adoption, B was very much particular that they should have a child of their own genes. Couple planned to have a child through surrogacy. "D" Boy child was born
A, died in an accident.
Grandfather filed a suit on behalf of his grand-daughter,"C" , for a share in "A" property in the District Court and for a declaration that D is not entitled to any share in his father’s property as he is neither the natural or adopted son of "A".
The court held that there was a valid adoption and the adopted child, "C", would be entitled to a share in A’s property as
"A" was entitled to adopt as per Hindu Adoptions and Maintenance Act, 1956 and his Christian wife’s consent was irrelevant as per proviso to S.7 of the said Act.
We have to file an appeal, challenging the validity of adoption.
As marriage was performed under Special Marriage Act, 1954, Whether "A" had right of adoption under HAMA.
Whether the consent of "Wife" necessary?
there is no adoption deed.
Whether "D" born through surrogacy has the same rights available to a natural born child.
As marriage was performed under Special Marriage Act, 1954 the succession will be under Indian Succession Act as per sec 21.
As Indian Succession Act, recognize consanguinity, whether adopted child has any right in the property?
Any relevant citations will be helpful.
Thanks in advance.
sampat mane
07 February 2017 at 18:00
We are four brothers and two sisters.
My father (a hindu) left some property without any will.
All have given me Power of Attorney for this property after my facthers death to maintain the property and my mother was alive tll jan 2016.
Till date I am the holder of Power Attorney on behalf of brother and sisters and mother.
In Jan 2016 my mother died and now all are harrassing me for partition of Property which I am OK. My querry is : 1. Can they ask for share for the past income as I have expended in maintaining the property, my mother and fathers illness and oldage expenses. and none have contributed in the above expenses. 2. As the Power of Attorney is registered I am planning to develop this property by putting income generated from this property and putting my income too without anyones help. What is status after development? Can I ask the claim for the expenses in development and my efforts ( they want share in income but not ready to bear the expenses) 3. All want an NOC from me to change the name in the electric bill (as it is in my name ). This property being my facthers / monthers property. 4. No partition is happened till date nor my father/mother was willing to do so despite repeated pleas from all.
5. What will be the best way to resolve in case any dispute arise.
Sampat Mane
7498330809
sampatmane@yahoo.com
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Regarding Gift Of Deed Cancellation Suit
Dear Team
In the last Page of the cancellation suit my lawyer has written , that we authorize our lawyer to deposit, receive any amount of money in the court from our behalf , is it a correct statement ?
because recieving any amount of money ? is a big question