Anonymous
23 November 2011 at 17:19
Sir(s),
My wife filed a DV case askign for 70 laks of compensation and 70000 per month maintenance as my salary per month is 1 lakh.
Till she files a DV case she is also a private employee and resigned just for this reason to squeeze me.
I am unable to resign my current job as i have taken a house loan and I have to survive too.
I heard from so many people,cases, judgements that maintenance is mandatory and it depends on the salary of the husband.
Keeping my above briefing in mind
kindly provide your answers on the following:
1. Can't we get rid of this maintenance problem? If so how?
2. She is not at all interested to come back to to live with me, but still, to avoid maintenance problem, Can i try for RCR? Is filing RCR helpful at this stage?
alleged
23 November 2011 at 15:24
Can we file a civil suit involving service matter and pray for a mandatory injuction for reinstatement of employee ?
(However, jurisdiction lies before CAT)
(Need surity of pleadings made before commencement of trial/proceedings unlike in discretionary writs etc.)
Kindly clarify, whether CAT is equivalent civil court or higher ?
Why CAT has adopted a way of proceedings like a discretionary writ court i.e. there is no requirement of essential notice and pleadings before registrar, like earlier times ?
Anonymous
23 November 2011 at 14:50
sir,can anyone file case/suit directly to highcourt as already the same case was pending in lower court...
Anonymous
23 November 2011 at 11:05
Me and my husband are the joint owner of our house which we took on loan. We also have a joint account where we used to keep our savings. We don’t have any children. My husband passed away on Aug this year. He didn’t leave any Will. Now his parents are mad after our house and our savings that we did jointly. His father is a retired govt officer who has enough property and now getting pension too. My husband was the only son and he has three sister. One of them is married. My husband also has few insurances where I am the nominee and few insurances where his father is the nominee. He also has few other bank account where there is no Nominee. Can you please tell my right on his and his father’s property?
siri
23 November 2011 at 10:20
1)Whether Plantiff can flle an single suit against 2 defendants whose relation is wife & husband for declaration of Titlle on 1st defendant i.e husband immovable property & 2nd defendant i.e wife immoivable property instead of 2 seperate suits as both properties are located in same place but with 2 km distance each
bharat garg
23 November 2011 at 06:08
Hello Sir/Ma'am,
We are running a Textile industrial unit on about 2000 sq.ft space for about 30 years for which we are paying 500 rs as a rent for which we are receiving the receipt of the same every month.
1.) The landowner (which i m till date confused that he is the owner or its leased area) has failed to pay/or in some confusion, dint pay the govt municipality taxes levied by them since 2001. He has calculated the total area and asked us to pay approx 77000rs as taxes from the date it's been pending.
2.) As the rent is too low seeing the market condition he wants it to be hiked by 12%-20% that is abt 6k-10k which is too high for us now.
My Query is 1.) Am i liable to pay the tax amount which did not accumulated by my mistake?
2.) Is it legally correct to hike the rent to that percent?
Ethically I accept that rent is to low and should be increased which according to me should of been abt 3-4 times of the current one.
Please guide
rgds
Bharat
Anonymous
23 November 2011 at 01:56
A unregistered lease deed for ten years which is also not on sufficient stamp paper with Arbitration clause. Can High Court while excercising power under Sec 11(6) of Arbitration Act insist that the document should suffer duty and penalty before appointing Arbitrator ? Any supreme court judgments on both viwes ?
Anonymous
23 November 2011 at 00:32
hi, this is srinivas. recently my father was expired.he had the properties in his name. we are 2 sons and 2 doughters all of us are married.he not executed any will before his death.my question is what is the procedure to get the property to be converted in my mother's name. what r the reuirements and how and where to apply.my father belongs to small town in guntur distr. in Andhra pradesh.
Anonymous
22 November 2011 at 23:43
Hi,
My late grandfather(passed away in 1962.. not sure) has agricultural land on his name and he didn't write any will.My father is the only son and he passed away two years back.My mother is alive and we are 2 brothers and 3 sisters.I have a signed 50 Rs stamp paper(1996) of my father and mother which says that land should be shared equally to me and my brother.This stamp paper is not registered yet.
My question is
Please let me know how can I utilise that stamp paper.Can I do the registration now if so do my sisters(all are married) have share on the grandfather property.and please tell me the percentage share.
Please provide me your valuable suggestions to get the land to only me and my brother.
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Easement right : interim injunction
My neighbor claim easement right in open area of my house/plot, where I am constructing portico (although, noticing his intentions I have already filed caveat). In the suite/plaint he said that – this area was always in his use and before him, it was always in use of the person from which he purchased it (total about 30 years). Although this is totally false. It is true that the area was open without any boundary wall as any one can walk there if come to this side or from along side passage, from a long time but neither in his possession nor in his use as general or necessity. He also said that portico will obstruct light and air reaching his house. However there is 4 feet wide passage (that is coming from back and meet the main passage at the end point of both plots/houses) exist between right side of my plot/house/portico and front side of his house (my front is in north and his front is in east). My portico will be in the front of little more than half width of his house’s front (and between the portico and his house’s front 4 feet open space will remain). I have submitted my written statements in the court. Next date is in December. Now in personal meetings/conversations he/plaintiff says – I just want openness of my front therefore you should construct your portico 2 feet back (according to his claim/plaint it should be 2 feet 6 inches back) and remaining part of open area is and will remain in your use, I have to do nothing there. I think these statements are contradictory from one point (always in his use) of his claim/plaint, therefore I have recorded it. My questions are –
1- How you see about the merit of the case for interim injunction.
2- Is there any importance/value of plaintiff’s contradictory statements that I have recorded, in my favor to avoid the interim injunction, if I produce these recordings before the court? If, yes then, when, how and at which stage it is better to produce it before the court.
3- One another fact I like to mention and his claim regarding this. The old house which I have purchased 6 years back and now reconstructing was in the ownership of three brothers. They did sale agreement with me. Two brothers had sale their share to me but third brother did not. Meanwhile he expired and agreement time barred. I contact his minor son’s legal guardian maternal grand mother and develop a consensus and get her consent for reconstruction of that share jointly with two third shares. Two third portion which I have purchased is at along side of the passage and my neighbor/ plaintiff’s front/side, and one third which is not purchased by me is at another side (not the front/side of plaintiff). My neighbor has mentioned in his plaint that one third share was not purchased by defendant therefore his registration of sale deed (bainama) of the house is zero. Is it right and what the means of his saying is? My lawyer has contended this point in written statement only by saying that – it is not concerned with plaintiff. My lawyer said to me that they have no right to raise any question about that. Follow the suggestions of the lawyer I have mentioned only the facts about two third and no word or reference is mentioned about one third portion in the written statement. Can these facts affect the case against me and will give the weight for interim injunction.
4- Can an affidavit from the 25 years old son of the one of the previous owner (both expired)from whom I purchased, that the open area was always in his family’s possession and use, will help to avoid interim injunction?