Anonymous
21 July 2013 at 11:17
Sir,
I am married to a girl through court marriage against my parents wishes, I was certain that our parents will accept this marriage but to my utmost shock her parents are claiming that the girl was already been married in their village as per rituals but as the girl wanted to me in her life so she has not disclosed this now my parents are not taking me in home as they are saying to first clear off the previous marriage and tell the girls parents to come forward and marry their daughter with me openly but her father is denying this and threatning my father that he will forcefully enter her daughter in my home if my parents will not take us Sir please suggest does he have any legal rights for such act the girl is by my side and is even ready to give divorce to me pls help!
Advocate.Amol Choubal
21 July 2013 at 11:08
sir once the issues are framed by judge.
whether advocate files his say???
very sorry to ask this question being an advocate practising in non litigation part not knowing the litigation part.
kindly reply
Silabhadra Sastry Advocate
20 July 2013 at 21:55
Dear Friends,
In a contested case 04 persons being the Villagers, have filed a Suit as Plaintiffs in representative capacity u/s 91 C.P.C., before the Civil Judge Senior Division,Bhubaneswar,Odisha, praying for Declaration of Communal Right over 10 acres of prime city based private land, which is recorded in last settlement in favour of the Defendants in Home Stead status.In this case the plaintiffs are claiming that as they have been using the afforesaid land for various public/communal purposes like arranging,Mela,Dussera,sports etc. the communal right should be declared over the land.Hence they have valued the suit land at only Rs.15,000/- for entire area to avoid huge court fees .As per their claim the suit can be valued at the lowest amount as it is for declaration of communal right, so they are not entitled to pay huge court fees.But during course of hearing it has come to knowledge of court that the property would be more that 10 crores.So the court has suomotu directed the plaintiffs to pay Declaratory court fees as per valuation of the land.But the plaintiffs have challenged the lower courts order in high court under the ground court fees are not payable as per the value of land in a suit for Declaration of communal rights.
So I request you all to supply me some citations/ Judgement of Supreme Court / High Court on the issues that The Advolrum / Declaratory Court fees is also payable in a suit for Declaration of Communal right as per the bench mark value(govt. value) of the land.Pl help me at the earliest if you can.
tdeli
20 July 2013 at 19:32
Hello...
It is very tough to prove any Oral Agreement but do these facts prove an Oral Agreement.
A Tenant deposited a major House Tax Bill of a landlord in Chandigarh who promised him to adjust the said amount paid with Future Rent and also promised to issue him receipt for the same.
The tenant stopped paying him rent after that payment.
Even after several requests the Landlord never issued any Receipt to the Tenant for Advance Rent and when it was not issued for more then 6 months the Tenant issued the Landlord a legal Notice regarding such payments and the Landlord never replied to this notice.
After serving of 18 months of such a notice by the tenant the landlord sent a legal notice to the tenant which was never received by the Tenant as it was sent on a wrong address and also filed a case for eviction for non payment of rent.
Now how can the Tenant prove the Oral agreement between the landlord and the tenant and claim that the payment paid was of advance rent .
The tenant pleas and circumstantial evidence are as follows -
1. It was not his responsibility to make such a payment of House Tax and it was done on the instance of the Landlord otherwise why would he make such a payment for a property which does not belongs to him .
2.He had issued a legal notice which is confirmed by the landlord also and such a notice is issued much before the initiation of the case and it clearly is not an after thought.
3.The landlord never replied to the said notice thus an adverse presumption should be drawn on the contents of the legal notice.
4.The landlord had never claimed for rent for a very long period of time which is 2 years before the initiation of the case and any such long drawn silence is also indicative that no rent was due to the landlord.
Will this be enough proof for an oral agreement.
Thanks ...
anil sharma
20 July 2013 at 18:18
sir,
after marriage my wife's first abortion(she availed 6 week maternity leave) then my first delivery my wife availed 4 month leave on payment but second delivery, department said this is the third time, you want to take leave as matternity leave, and refuge to senction her 4 month leave, sir rajasthan service rules rule and regulation kindle watch in attached file, please reply me after study " maternity benifit act 1961" and my rsr rules and reply me soon
thanks
maternity rule is as follow
[103. Maternity leave. —A competent authority may grant "Maternity Leave" to female Government servant twice during the entire period of her service. However, if there is no surviving
child even after availing of it twice, Maternity Leave may be granted on one more occasion.
£The maternity leave may be allowed on full pay for a period which may extend upto the period of 90
days from the date of its commencement.
@ Substituted vide F.D. Notification No. F. 1(43) FD (Gr.2)/83, dated 2-2-1984 for:
Note "Note: —Maternity leave under this rule may also be granted in cases of miscarriage,
including abortion, subject to the following conditions: —
276
either once or twice subject to total of six weeks during the entire service
provided that the application for leave is supported by a certificate from the
authorised medical attendant.
B S Kainth
20 July 2013 at 18:09
Respected Members ,
In High Court , an appeal was pending ,we are the respondents.
On two dates TCR didn't received
On third date TCR was received , but without hearing respondents Hon'ble Justice admitted the appeal .
Two important facts Court didn't considered that court fees was not properly filed .
Decree by trial court was made but security was not deposited by appellants.
What we have to file against that order
(revision / writ /..)
To whom we have to mark
Please advise what to do.
M Satyanarayana
20 July 2013 at 12:19
Sir,
In a partition suit after preliminary decree there is final decree in the suit for which a litigant is required to file application for final decree within a period of 3 Years.
After filing the appplication for final decree warrant was issued but not executed by advocate commission due to collusion with other party and got lapsed. Can I have a right to apply again for appointing advocate commission in the partition suit. What is my position regarding appointment of advocate commission. Can I have a right to file application again for fresh advocate commission.
Please kindly advise.
Thank you
MSN
nagarajan
20 July 2013 at 10:54
Respected Sir
Am from madurai(TN).Currently by caste i am and my two elder brother Hindu(maravar)BC this is my father caste, but My younger brother and sister Hindu(Piramalai kallar)DNC ,on the time of School admission my mother registered his caste DNC(p.kallar),but no proof in my mother belong to DNC.But central level two caste comes OBC category.
1)regarding this last two person followed my mother caste any problem arising or not, "one family two caste this is my doubt".)
2)what procedure to change DNC to BC
thank u
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Money recovery / sealing of business unit / godown
Hello,
A group of cheaters are owners / directors of a pvt ltd company & they induced me & family to invest in their company for importing goods with assurance of profit sharing and also ownership in the company.
More than year passed and till date :
1. no sharing of profits .
2. No interest on capital invested .
3. No appointment of director and shareholders in company .
Need legal help to recover money and also to seal the godown by court where the goods are kept using the money given and also bank account of the company since it is apprehended that the cheaters may misappropriate the funds by selling off all the stocks .