Himanshu Joshi
22 January 2013 at 18:03
Any catering related question.for defendant
ganesh
22 January 2013 at 11:21
in a suit the application under order 39 rule 1 and 2 was made absolute in the first hearing as the respondent didn't appear on the day. subsequently the application under order 9 rule 13 read with section 141 was filed to set aside the same. whether it is maintainable in law or not? or the respondent has only to prefer appeal?
Sudhin2218
22 January 2013 at 09:10
We've a joint property it was in the name of my grandmother (father's mother) and my father, My grandmother had a daughter along with my father, she got married in the year 1965 and she got settled down in Husband's house. after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half of the joint property to stranger (not belongs my Hindu family) , there was no partition deed made between my mother and grand mother, stranger filed suite for partition on 2006, now we came to know there is a provision in "Section 4(1) in The Partition Act, 1893
Where a share of a dwelling- house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf."
My question : As per the "Section 4(1) in The Partition Act, 1893" they quoted "if any member of the family being a shareholder" what does that mean..Can my Aunt ( My Grand mother's daughter or My father's sister)also be a legal competent to undertake to buy the share of such transferee?
My Aunt got married in the year 1965, from that day she is not residing in the dwelling house. Is that only me, my mother are the legal competents to buy the share of such transferee? or Can My Aunt also be a competent to buy the share from such transferee?
Mr. Shanmugam
21 January 2013 at 22:25
Dear Sir,
I had gone through your suggestion. It was ancestral property.
The problem was why I failure to suit on my
brother.
The being silent in court against crime the honorable justice will assume the i committed in crime and will give judgement as convict. please give any cause reference for my conformation.
A question arise that I failure to suit regrading dispute of rights of land so it is assumed as I also given the consent for the transfer of land which will created by my father on my brother.
The party C Saying that when they purchased land from your brother on the date there is no dispute on rights of land in legally. So A contract agreement between your brother and us valid.
They said I can claim compensation from my brother only not from third party C and I enable to have rights on land.
please advice me suit on third party C have valid or I have to suit on my brother asking claim on the land
as per the Indian contract Act 1872, A property occupied by other some one illegally like coercion, undue influence and etc. the affected party have to prove that transfer happen by force of consent by suit. In case the affected party failure to prove it then the property sold to another person it is treated as legally transferred.
The above details or said by my relative who studying law college. Please clarify my doubt on this.
Thanking you
By Shamugam
Email: krishna85nill@yahoo.in
Sushant Bali
21 January 2013 at 22:05
Hello Sir/Ma'am
Is the Management Committee of the Co-operative Group Housing Society a Public Authority?
Can a RTI be filed against such societies?
Thankyou
Sudhin2218
21 January 2013 at 21:03
"Partition Act, 1893
4. Partition suit by transferee of share in dwelling-house
(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf."
My Question is, Only if its Ancestral property, then only a family member of dwelling house can buy the share from stranger, as per the above act ? or Can it be a just undivided property, need not to be Ancestral property?
tej
21 January 2013 at 19:25
resp.experts
1the counter claim was filed by defendant in civil suit filed by me
2.ifiled my say to counter claim and prayed for rs.3000 as compensatorycost for false and frevlous and vexatious counter claim
3.the trial court didnot framed necesary issue on this basis.
4.durin deposition defendant deposed that he has destroyed all record related to counterclaim and now he has nothing /any documentin relation with counterclaim.
5 also the entire deposition is full of lies and contains contradictory statements.
6.during final arguments i prayed for necessary compensatory cost and prayed to frame necessary issue
7 but in judgement it is found that no necessary issue regarding the prayer of comensatory cost came to beframed by the trial court.
8 my suit is decreed partly with proportinate cost and counter claim of defendant is dismissed with cost by adverse inference against defendant for not providing any document in suport of counterclaibut main prayer of compensatory cost not dealt atall
the defendant filed appeal against the judgement even he was not having any document in suport of his counterclaim
i have file my cross objections in form of counterappeal in which i have prayed for necessary compensatory cost on account of falsefrevlous counter claim of defendant also in written notes of argument provided arguments about how the evidence on record proves false and frevlous counter claim of defendant and prayed to frame necessry issue for compensatory cost which remained to be framed by trial court.
the first appellate court was required to follow statutory provisions of ORDERXLI RULE31 but in the judgement of appelate court the court neigther framed necessary issue nor discussed material evidence on recoed and my argument in suport of claim for compensatory cost of rs 3000 from appelant original defndant on account of false and frevlous,vexatious counter claim
now my question is
whether not framing necessary issue can be prayed as substantial question of law in second appeal
i also ed to initiate necessary criminal actions against defendant for making false statements on oath,contradictory statements on oath
pray what other grounds i can pray in second appeal please guide me
thanks in advance
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Fraud in order of consent minutes
Respected Experts,
Application under Section 340 of the Criminal Procedure code has to be filed before the same Court where the fraud had been committed. When I obtained the certified copy of the fraudulent order of consent minutes marked as “X” to the order of the Hon’ble Justice, I found that the Hon’ble Court has passed an order on the consent minutes wherein out of four issues framed in the original Suit three issues of the original Suit for which the present First Appeal was filed and admitted were deleted and single issue was shown to be remained. The statement “the subject matter of the First Appeal is only Flat no.11” was inserted by fraud and Appellant was defeated to his claim on land and chawl by deleting other issues. I supposed that the Advocates of the parties and Justice in collusion derived the order in the consent terms but I cannot and nobody has a right to point out mistake of Hon’ble Justice publically. One of the issue was deleted was a chawl of the Appellant and respondent brother of Joint family. I am residing in the same chawl therefore I am affected.
If I file the Application under Section 340 of the Cr.P.C. the same Court, the Hon’ble Court will support the earlier Justice and might ignore the application. There is no guaranty imposed under Section 340 of Cr.P.C. for the Court must take cognizance. Is there any way to file complaint directly before Hon’ble Chief Justice? Or can I publish the matter to the news paper for corruption?
Regards,
Sadanand B. Panchal