Prasad N Patil
19 May 2011 at 10:01
Pl advice for the following issue.
My Father-in-law-had purchased the following properties:(A)-Mumbai / (B)-Mumbai & (C)-Bhiwandi taluka.
Since the sad demise of my father-in-law one yr earlier his sibling (all 09 them-06 brothers & 04 sisters,including my wife)starting to fight amongst them selves for a proper share in their father's property.
Currently all the brother are planning to sell property (A) in mumbai and share as per law,but are reluctuant to part with property (B) & (C).
Is this lawful,pl provide a way.
Also Will made by father-in law is not shown to the sisters.
Pl advice & give a contact of a good lawyer in mumbai.
Anonymous
19 May 2011 at 09:42
If a shop is the name of a firm and firm is now dissolute and 1 partner goes and 2nd is continuing this firm and in this deed they mention that that shop is taken by leaving patner And the desolution deed is register in thesil by patners on 31 march.
now Thesildar Is not changing the title name in thesil.
Now i want to know that how the title name is change in registrar court what is the procedure that i can change the title in tehsil.
Rajneesh Madhok
18 May 2011 at 21:17
Sir,
I appeared before the Consumer Court, Kapurthala in one of my case. Today I got a very strange experience. The matter was agaisnt BSNL and was lingering on since long. In this connection I filed the application under RTI Act to know the status of my application. Today was the hearing, Previously the Superintendent provided me the Reply to my application.
And afterwards was the hearing. In the last hearing I had shown all documents that the Broad band was faulty and the representations had been made to the authorities several times including the reply made by them. The reply was again misleading which is deficiency in service.
On last hearing the full case has been heard by the President and the member,. and the next date of hearing was fixed for today. Sir, the matter of consideration is. The amount charged by the O.P. was also tallied as per my application:
Whether my complaint has not been admitted? If not then why not the decision has been made on the last hearing. Today was the 4th hearing. First the date was given for Preliminary hearing.
Second time it was postponed due to non completion of quorum.
Third time the hearing was conducted and the matter has been put before the forum. But no direction regarding issue of notices to the Opposite parties had been made.
Today in hearing the President told that the decision will be sent to me in a week.
Whether my application has not been admitted.
CONSUMER COURT CASE
Whether the decision can be made without issuing notices to the opposite parties.
Without issuing notices, we can't say that it is Ex-parte decision.
I hope there is no provision of decision without hearing the opposite party.
In your opinion what will be the matter. Whether the complaint has been admitted or not. If it is not admitted then why the subsequent hearing dates had been given.
Whether the consumer forum can decide the case on the basis of merits without issuing notices to O.P. (Reespondents)
Kindly suggest the next course of action.
Rajneesh Madhok,
B-xxx/63, Nehru Nagar, St. No. 2, Railway Road, Phagwara.
Anonymous
18 May 2011 at 16:43
Principle of res judicata is also applicable to the writ proceedings.
Even for IA's res-judicta will be applicable. Here IA means (Interim Application or Intercoloutory application) Because both are not the same.
One's the relief which is already dismissed. He has to file miscelleneous appeal. But what does the pharse miscellaneous appleal here means in civil cases? In short meaning of misc appeal & when can we file it.
thanks.
yeshwanth srivatsava
18 May 2011 at 16:28
I would like to know
1. If I am having 4 EMis pending and approach the bank with one EMI - CAN THE BANK REJECT THE MONEY.
Anonymous
18 May 2011 at 16:16
There is a distinction between "issue estoppel" and "res judicata". (See Thoday v. Thoday)
So pls sir can i ahve the above case & the opinion on the above matter with the case law.
The orders of Consumer Forum are final and can not be questioned in civil court or reagitated before the civil court. Case law required.
Thanks.
chetan
18 May 2011 at 15:59
MY FRIEND IS RECENTLY MARRIED. IT WAS FORCED MARRIAGE. SHE IS UNABLE TO LIVE WITH HER HUSBAND AS SHE LOVES OTHER GUY. NOW HER HUSBAND DONT WANT TO LEAVE HER..
IT WAS ALREADY DECIDED BY HER TO LIVE WITH HER LOVER AND NOW BOTH WANTS TO LIVE WITH EACHOTHER..
CAN YOU TELL ME WHAT SHOULD SHE DO TO GET DIVORCE?
PLEASE TELL ME SO THAT I CAN HELP HER..
Anonymous
18 May 2011 at 15:24
Pendente lite means "pending the litigation." When the court makes an order, for example, for temporary alimony or child support, which lasts only until the date of a divorce trial or until the parties to a lawsuit work out a settlement, it is a pendente lite order.
Pendente lite should not be confused with lis pendens. Lis pendens also means pending lawsuit. But lis pendens is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property. Because nobody wants to buy real estate if its ownership is in dispute, a lis pendens notice effectively ties up the property until the case is resolved. Lis pendens notices are often filed in divorce actions when there is disagreement about selling or dividing the family home.
Question: so can we sy that lis pendens is applicalbe only when there is a property case pending in the court & Pendente lite is applicable to the other cases were property matter is not invloved right?
Pls tell me more info about the above matter in if any case laws ?
Thanks
Anonymous
18 May 2011 at 13:50
I FORMED A PRIVATE LIMITED COMPANY IN 1992 AND I WAS A MANAGING DIRECTOR OF THE COMPANY TILL 2001. IN THE YEAR OF FORMATION i.e. 1992 I MADE A DEPOSIT OF RS. 20,00,000/- INTO THE COMPANY FOR RUNNING DAY TO DAY AFFAIRS OF THE COMPANY. NOW I AM NO MORE DIRECTOR OF THE COMPANY BUT STILL I AM SHAREHOLDER OF THE COMPANY AND WANT TO TAKE BACK MY DEPOSIT. NOW THE QUESTION IS WHETHER THE BAR OF LIMITATION i.e. 3 years WILL APPLY IN MY CASE OR NOT FOR THE RECOVERY OF MY DEPOSITS.
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clarification about the easementary rights
sir,
let me know how far the link document is useful to prove easementary rights when the subsequent document is not covered specifically about the easementary rights, when the subsequent document is prepared by
the court receiver where the house is purchased in the auction conducted by the receiver.