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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Rohan Kulkarni   02 October 2013 at 23:19

Insurance claim money of a deceased director

Dear Sirs,
In continuation with the previous query , I would like to ask can insurance claim money which comes to legal heirs of a deceased person is considered as inherited property. If the deceased person was a director of a private limited company which is operational but in debt (with NPA account )and given a personal guarantee for the company, can bank claim this insurance money at the event of liquidation of the company? (in future or recent future )

Thanks

Naman Jhabakh   02 October 2013 at 21:37

Partnership firm!

Can a registered partnership firm become a partner in another registered partnership firm?

shuaib zakaria   02 October 2013 at 20:40

Suit for partition and seperate possesion



our grandfather expired inestate in 1948 leaving residential and commercial properties in his name
my uncles and father togethere six in all made a registered partition deed amongst themselves in 1971 wherein all the properties were alloted to everyone and mutated as thier share except for a old -1936 residential bunglow of 5000 sq ft area of plot 1.5 acre(which still stands in my grandfathers name) which was undivided by meets and bounds but kept in common among all six branches and to enjoy the same so all mutually decided and orally agreed to occupy and enjoy thier individual portion each portion consisting of 3 to 4 rooms each branch ,unfortunately my father died in 1975 my uncles and aunties started mistreating and abusing us as we were schoolgoing children that is when my mother locked our portion and shifted to a rented house close by to the bunglow and she used to go and clean the bunglow portion once in 2 to 3 months regularly and property tax was paid to the authority collectively by all six branches under the family surname ,last year one of the branches while developing thier portion demolished and encroached our portion for which we made a complaint with the authority the police and went legal and got a temporary injunction and court commissioner was appointed to provide the facts he made his report with photographs of our demolished and encroached portion but the injunction was vacated by the judicious mind by passing an order mentioning that the branch will be put hardship without a proper shelter as the same was in demolished condition and instead stated that to seek relief go in for suit for partition with seperate possession and we went for an appeal against the order but on argument the appeleate court did not pass orders for six months and the senior judge got transferred meantime the other branch took advantage and developed our encroached portion and is using the same with no option we have filed suit for partition with seperate possesion seeking relief of our share in our plaint(documents produced as evidence are 1)general land record extract of authority in my grandfathers name -1936 issued recently-2012 2)registered partition deed amongst all six branches wherein said bunglow is kept in common-1971 3) fathers death certificate -1975
4)legal heir certficate(warsa)issued by the tashildar authority -1998
now the other branches in thier written statements are contentending that suit is not maintainable it is barred by limitation and court fee of rs 200 paid is incorrect and it should be paid at market value

kindly advice and suggest and plz help with regard to limitation and court fee


sir sorry to trouble you but now the branches are contending that 1)we have no physical possession as the same is demolished and 2)you had sifted from the bunglow long back 3)that our mother has relinquished our share orally by accepting some amount sir kindly guide and advice

shuaib zakaria   02 October 2013 at 11:17

Suit for partition with seperate possesion

respected sir/mam
as already mentioned we are a muslim joint family inherited suit property from grandfather died 1948 by way of partition deed made in 1971 among six legal heir branches and were alloted portions and handed over to each branch which clearly states that suit property is kept common among all but in 2011 one of the branches with ulterior motive encroached and demolished our portion which was under lock and key for which I had to go through legalities and now
as per your advice I have filed suit for partition with separate possession for my share with the senior div magistrate court but the other side has taken stand that court fee paid is not correct as the said suit is valued at 33 lacs
they are contending that
i am not in possession hence suit not maintainable under court fee of rs 300 court fee to be paid at market value
secondly they are saying that it is time barred according to limitation act as my father died in 1975 and I don't have stand to claim the same now
but the fact is that i am in possession under lock and key and the suit property stands in my grand fathers name and the property taxes are being paid collectively by all the six branches for all these 40 years
kindly guide and advice

shuaib zakaria   02 October 2013 at 10:43

Suit for partition and seperate possesion

respected sir/mam
as already mentioned we are a muslim joint family inherited suit property from grandfather died 1948 by way of partition deed 1971 which clearly states that suit property is kept common among all
as per your advice I have filed suit for partition with separate possession for my share with the senior div magistrate but the other side has taken stand that court fee paid is not correct contending that
i am not in possession hence suit not maintainable
secondly they are saying that it is time barred according to limitation act as my father died in 1975 and I don't have stand to claim the same now
but the fact is that i am in possession under lock and key and the suit property stands in my grand fathers name and the property taxes are being paid collectively

KANDE VENKATESH GUPTA   02 October 2013 at 09:04

Disposal of suit

Can the court can dispose of the main suit without disposing of the interlocutory applications. If so, under what circumstances? Citation required.

Jagdish Kumar Sharma   02 October 2013 at 06:13

Time limit for agreement to sell as per limits law

I had entered into an Agreement to Sell on 04.10.2010. I believe its limit is 3 years. when does it expire, on 03.10.2013 or 04.10.2013. Can it be extended and for how many days.

Jagdish Kumar Sharma   02 October 2013 at 06:07

Time limit for agreement to sell as per limits law

I had entered into an Agreement to Sell on 04.10.2010. I believe its limit is 3 years. when does it expire, on 03.10.2013 or 04.10.2013. Can it be extended and for how many days.

S. Fernandes   01 October 2013 at 23:54

Lis pendent sale

I filed for money recovery on 18.12.12 against a registered partnership firm.
On same date 18.12.12 I filled for temporary injunction O39, praying for restraining the defendants from alianating the only property available to satisfy my dues.

Injunction was granted as prayed on 4.04.13.
On 15 Feb 13 the defendants sold the property.
Suit was decreed in my favour.
I have now applied for execution and attached the same property. The transferee has now filed objection under rule58 of order21.

Can it be held that this sale is hit by doctrine of lis pendence? Since the sale is during the pendency of the injunction proceeding in which the subject matter of the said proceedings was the property in question.

This being the only property to satisfy the debt.

What other sections of the law will apply in my favour.

subhrendu bhattacharya   01 October 2013 at 22:02

University tropics

1)I am an service holder from west bengal
2)I admitted and university , Name CMJ University, Meghalay for B.tech course
3)In prospectus, It was a regular course , they called it "industry integrated course"
4)I have done this course from west bengal , but the university was in Meghalaya

Now due to some irregulation an FIR lodge against Chancellor.
Governor order to recall all degree awarded

The case went still supreme court.
supreme court order for student like
===========================================================================
the student whose admission and degree were declare illegal also make
representation to the state govt and seek an opportunity of hearing from it
The request made by them shall be sympathetically considered by the state govt
=============================================================================

My Question is

1)Is there any chance of my degree valid , after this order by supreme court?

2)My center neither attending phone call nor email, if degree is invalid ,
can i get back my money back?

3)Can i claim compensation if degree invalid as i have done nothing wrong , but
university has done wrong , and i may victim?

4)Can i file case from west bengal against university where the university is in
meghalaya?

5)What is the way of check validity degree? university is not attending phone call or
email