Anonymous
04 March 2011 at 13:24
1. There is a Decree for Specific Performance (passed in 1994) in which Judgment Debtor is directed to
a. Apply for permission from MCD to sell a portion of Leasehold Shop.
b. If Permission is granted by MCD then to execute a Sale Deed in favour of Decree Holder.
2. But MCD refused to grant permission. (rejected more than 8 times in last 17 years)
3. Hence it has become final that MCD will not grant permission and therefore Decree has become un-executable.
Query : Whether this Decree can be amended for Monetary Compensation, at this stage.
Anonymous
04 March 2011 at 12:51
We are granted Temporary Injunction Order u/o 39, rule 1&2 against defandant D1. X being the brother of D1 is interfering and causing great obstruction. We applied for Ploice Aid u/s 151 CPC. Impleading X is one way. But I want to know -
If the court has any INherent POwers u/s 151 CPC to DIRECTLY INCLUDE 'X'as additional defandant, while granting us the police aid ?
Anonymous
04 March 2011 at 11:50
On my complaint to Dy.Registrar of Co operative societies had ordered an inspection under clause 89 A of MCS Act 1960.
During Inspection, Inspecting Officer came to notice of 'Indemnity Bonds' to be submitted by the M.C. members were on stamp paper of Rs.100/- instead of Rs.200/- as per the stamp act.Even though he accepted & allowed the same. Thus he made a loss of Rs.500/- as revenue to 'Govt. Treasury'
What action can be taken against m.c.members & the inspecting officer ?
S Sharma
04 March 2011 at 10:18
I had posted this query-
My father-in-law had two small shops adjacent to each other. He bought both of them himself and was not an inheritance. He gave both of them to my husband's brother through a registered will. My father in law is no more. My husband also died recently. Can my son get a share in the said shops. I have also come to know that my husband's brother has sold one of the shops. But he has signed a rental agreement with the new owner of the shop and pays him rent by cheque every month. He has also changed the name of the firm and created a new firm to do the same old business. Do I have any legal recourse to make a claim on the said property for my son who is 20 years old as this is his grandfather's self earned property. The registered will was not challenged before by my husband or by me till today.
Mr. P.S. Dhingra an expert gave the following reply -
Question of inheritance by the grandson arises on the existing non-transferred property only after the death of the owner. If the Grandfather had already transferred the ownership to some one when alive, the same cannot be claimed by the grandson now out of the ownership of his uncle. It would have been better to raise dispute before transfer of the ownership by your father-in-law to his other son.
It would however be better to convince the uncle of your son to share something with his nephew on moral grounds amicably, but not as a matter of right.
Now My question or concerns are as follows:
The grandfather did not transfer the ownership but gave the shops to his son via a registered will, which doesn't mean that the ownership was transferred. He became the owner on the basis of that registered will, after my father in law died . The shop has been sold after the death of my father in law on the basis of the said registered will given to my husband's brother. He is running the same business at the same shop taken on rent from the new owner of the shop but he has changed the name of the business firm. Do I have any legal right to claim a share in my son's name although the property has been sold to a third party.
Is it possible to challenge the will and file a claim now or is it too late?
Member (Account Deleted)
03 March 2011 at 21:14
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Anonymous
03 March 2011 at 20:24
Plaintiff has filed a case against Defendant for partition of ancestral properties. I'am appearing on behalf of Defendant. As per the contention of the plaint... Plaintiff is claiming Partition of only two ancestral properties..... whereas there are total of three ancestral properties.....Moreover there is a M.O.U of ancestral property executed between the Plaintiff and Defendant way back in 1982... where it was decided between the Plaintiff and Defendant that out of the three ancestral properties.. two properties will go to the share of Defendant and one property to the share of Plaintiff... now in the present suit... the Plaintiff is claiming partition of the two properties which are in my share..at the same time time he his not whispering a single word about the property which he got to his share... In these circumstances is such suit maintainable... if yes how?? if no why??? what provision as per cpc can i file application regarding the maintainability of such suit?? please provide case laws to that effect...
Anonymous
03 March 2011 at 19:12
Dear sir,
what is the difference when husband claims divorce or when wife claims for divorce?
if husband having property what he had bought before marriage is also included when divorce maintence consideration takes place by the court.?
thanks in advance
Anonymous
03 March 2011 at 18:25
Hi All,
When it is good to quash the case before putting the charge-sheet or after putting it?
Thanks in advance.
Anonymous
03 March 2011 at 18:05
There is clear breach, by other party's lawyers, as per :-
Section I - Duty to the Court.
Section II - Duty to the Client.
as listed Bar Council of India Rules, PART 6, chapter 2: Standards of Professional Conduct and Etiquette
How to initiate action against the lawyers? and when, where?
Would it be worth doing so?
Will it, atleast, help me in anyway to discredit the other party's allegations and claims?
Facts of the Case:-
Divorce case going on in a District Civil Court since last 30 months.
Other party appointed lawyers on record since last 10 months, prior to that those lawyers were there but without any vakilpatra.
Lawyer knowingly disclosed 'false facts' during arguments. Also helped their client and participated in malicious acts and fraud, concealment of fact, ommision to disclose unfavourable details, instead of preventing the client from evil practices.
They became a mouth piece of client, lowered dignity of the judicial office.
Lawyers knowingly has been doing many unprofessional acts in consonence with court staff.
They also played tricks which may not be acceptable under 'Court Hearing Procedures' and also have probably bribed the clerk upto the neck.
It's utterly distasteful to ask such question to laywers, but there are some 'black sheeps' there.
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Decree
Please if any member having 'DECREE' please provide me. I have so urgent neeed, that decree can be pass in any matter to recover our money. Thanks