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S.Lakshmikanthan   04 April 2014 at 13:31

Missing original suit bundle in exrart e.p stage

dear advocates,
I am an advocate ,i need your suggestions .
we are appearing for judgment debtor in Execution proceeding against the original suit for specific performance of sale, but the defendant/Judgment debtor set exparte in O.S. we have filed petition to set aside exparte decree, which is in SR stage.but the o.s case bundle was missing in the court office and cannot able to number the petition. E.P proceedings is going on faster. what can we do now. pls help us

krishna mohan   04 April 2014 at 12:36

Mortgage of land as surity

Mr X approached my father and asked to be as surity as Mr Y is ready to lend money to X if my father could mortgage our land.(in turn X has offered 50% share in his business).
Mr Y gave Rs 10 lakhs to my father after he got 2 acres of land mortgaged without possession and took 15 promissory notes with signature without writing amount on it.
In the same way my father took The promissory notes from Mr X and gave him 10 lacs.
For few years there was no problem between X and Y but now x says that he had repaid all the money to Y and Y says that he didn't even received a rupee.
Actually with prior understandind between X and Y only we were brought in the situation
now Mr Y is threatening us that he will attach our land.
My questions are
1)in the mortgage without possession it was mentioned that for rs 20000 only the land is being mortgaged. Can we deposit that amount in the court and get our land released without relating to the the money we received(10 lacs)for which we wrote another bond paper accepting that amount
2)can Mr Y bring those promissory notes into the situation to claim more money as our land is mortgaged to him.
3)in what way the promissory notes we took from Mr X are helpful to us
4)is there any limitation of time to get our land releases from Mr Y
The entire event started in January 2007
Kindly help as we blindly believed those Basrards and were cheated.

Alok   04 April 2014 at 11:40

adoption

Sir, child was adopted through a registered deed in 1980. All parameters of law have been followed except that the child was 16 years of age at the time of adoption. Can the adoption be declared void abinitio after 34 years of the declaration of the deed. akulsrestha@yahoo.co.in

Reshma   04 April 2014 at 11:08

Will

hi,
I understand, that probate is given to the executor of the will. What if an executor is not mentioned. In that case, do the beneficiaries directly apply and is the probaate issued to them?

Sayan Poddar   04 April 2014 at 10:08

University issue

Dear Sir,
A private university of meghalaya engage in degree scam. Chancellor , register all were arrested.
Case went to till Supreme Court .In judgment Supreme Court ordered all degree illegal and ordered

“ The students whose admissions and degrees were declared illegal may also make representation to the State Government and seek an opportunity of hearing from it. The request made by them shall be sympathetically considered by the State Government.�

I send representation and Govt call for hearing , I attain hearing , show and submit attested document of all university document

Supreme Court made dead line of deciding the matter 31’march,2014.
They dead line date is over and no decision came

My question is
1) As the degree was given out of jurisdiction , the degree may be cancelled ?
2) Supreme Court dead line is over , now what to do , should I send letter to Govt or apply to Supreme Court(Contempt Petition) ?
3) If the degree made illegal , can I claim compensation of loss of 3 years and money and effort ?
4) Does the above mention Supreme Court order tell that meghalaya Govt have to do any alternative if they cancel degree ?
5) In a State Govt recognized & UGC appove university if a student register and do not discontinue the study , state Govt responsibility to ensure student future ,they have to ensure it.(Some is telling).Is is true in terms of law ?








jagbir singh   03 April 2014 at 22:35

Payment of dues

I left my last company almost 10 months Back and at the time of Leaving my salary for Total 25 Working Days was onhold with company

I was told the same will be Cleared in Full & Final Settlement .

After 5 Months of Leaving that company and after my repeated mails to company I was Given a Full & Final settlement letter ( Copy Attached ) by the company asking for my acceptance to take that settled Amount.

Which again was not paid even I was ready to take that amount.

Now the company has accepted the liability for Dues pending for Payments to me in written

Pl suggest
1. under which provisions of C P C I can file a Civil suit for Recovery

2. How to prove the Authenticity of that Mail Received by me which was send by the company using company domain for Full & final settlement
( which is now the accepted Liability )
Recovery Value : 45000/-

regards

Jagbir Singh

Nilesh   03 April 2014 at 18:33

Will after death is valid ?

Respected Sir,
A is eldest of all 7 brothers and married,
A doesnt have any child,
A died in 1999 and then his all property got transferred on his Wife's name.

Wife of A,made a registry of all property in front of Registrar in 2012 to B,with all leagal means.

Suddenly, in 2014 comes a person C,saying that he "A" had made him a Will (Mrityupatra)in 1993 for all of his property.

Questions:
1.Is Will valid even after 16 years of death? becasue All the property is on the name of his wife i.e person "B". since 16 years.

2. Will also states that Person "A" has not made any property on the name of his Wife i.e person "B"

3.Will states that person C was supposed to look after B after the death of A,which he fails to.

4.B is still alive,and favours the registry she made. also 7/12 has her name on it (Also all government document has her name too)

5.B is against the Will.

akash kumar singh   03 April 2014 at 14:44

Mcgm vs mbrr board

is MRTP act applicable? if change of staircase position towards basement from front to back side of the shop is approved by MBRR board and noc of MHADA is given.
and if tenant done the construction after the approval of MHADA and MBRR board whether he will be liable for illegal construction under MRTP Act by MCGM and whether he can be charged under section 53(1) of the MRTP Act by MCGM however he done with the approval of MBRR Board and MHADA NOC with the consent of architect?

rahul   03 April 2014 at 10:53

Need urgent help


employee went absconded with company laptop..we emailed him but he said come and receive from my adv office..he is not coming to retuen assts....we also sent him absconded letter and we also filed complaint in police.

Now he filed a case stating he has been terminated asking salary..he has not added termination letter or any mail in list of documents..we also filed application under order 7 ruule 11 with sec 25 A..
it is pending for arguements..but now he said in court SHO is calling him and harrassing him,pls put stay till proceeding is going..judge said u need to make SHO party and amend suit.

please help what does this mean? can we file 156 (3) to register Fir? Its been 3 MONTHS COMPLAINT HAS BEEN FILED..
or we should carry with this suit?

we dnt hv proof that he has company assests..no documents but we hv mails where he has written come and collect..

please guide dear experst..pleasee

KEJ SIYASAT   03 April 2014 at 10:40

Stay order


which things is important for get Stay order?

how to get stay order on governments uncultivated land? it is possible?