Anonymous
24 January 2011 at 16:14
One person (55 Years)(State employee) died in an accident and amount claim is only 3 lakhs.Now award is also came in this month. Can ask to enhance the award amount. Because due to ignorance asked only small amount.
Anonymous
24 January 2011 at 13:18
a unmarried lady was residing and serving at pune as lecturer in the college, after her death her legal heirs in which brothers and sisters , they are residing at Malegaon, now for succession certificate for provident funds of deceased whether it can be possible to file application before Malegaon Civil Court for obtaining certificate. do suggest on this point ,possible quote any citation
Vijay
24 January 2011 at 11:54
Dear Sir,
How many Days it Take to get the Judgement under above Sec.I have a filed a suit u/s 138 one & half year back but still the case ig going on.
Anonymous
24 January 2011 at 11:45
1976 father received a registered partition from his father along with other two brothers.
Our father has two sons and three daughters.All the childeren are majors.
Now the entire property is ancestor property.
2000 - our father has sold a portion of land by registered sale deed with his two sons only excluded the three daughters. Not mentioned his own daughters name in it.
2005 - Again our father has sold another portion of land by registered sale deed with his two sons only excluded the daughters. Not mentioned his own daughters name in it.
2006 - Father has paid a lumpsum of Rs.60,000/- to all his three daughters and not taken any underwritings and agreed to go for partition deed among two sons and himself.
2006 - father has made a registered partition deed with the existing property by 1/3 to his two sons and himself. Not mentioned the daughters name in it.
2007 - Mutation and patta also made among two sons and father.
2008 - One of the son has sold all his share by registered sale deed to third party.
2010 - Two sisters have made a suit to claim 1/6th share against the registered partition deed and the registered sale deed.
1. Will the sisters claim thier share only on partiton deed excluding the sale deed of 2000 and 2005.( Partially on ancestors property )
2. Will the court indulge to bring those two sale deed of 2000 and 2005.
3. Share means either a monetary benefit or lands.
4. will the partition deed and sale deed get dissolved then what about the 2000 and 2005 sale deed, will it also dissolved.
All these properties belongs to salem district of tamilnadu.
Please give us your valuable suggestions to handle the issue.
Anonymous
23 January 2011 at 23:44
In a suit, plaintiff filed a suit and immediately thereafter filed an application under sec 14 Limitation Act to take the benefit of an earlier proceeding for the purpose of limitation of the current suit. However, the application has been disallowed and the Hon'ble single judge of High Court rejected the plaint being time barred. Now the question is, if the order disallowing the application is an order which would be appealable before the division bench or will it be a judgment/decree to which regular appeal under Order 41 wud lie before the division bench
Anonymous
23 January 2011 at 22:15
Sir
I am having title/ownership in a property on the basis of will,will maker is alive,i dont want to execute sale deed in my name as i am willing to save stamp duty,further i intends to get loan on above property,bank officials are insisting for probate from court,can i file a suit for probate as will maker is alive or probe suit is only maintainable when will maker expired.please help.Thankyou
Anonymous
23 January 2011 at 19:36
Dear Expert advocates,
In one case, my client has filed the case in the court. In arguments the case stands on the issue about the non notification of the result
The OP counsel argues that petitioner was well about the status of result and has filed the belated petition and my client has the contention that there was non notification of the result and he was not aware about the status of the candidature
He filed the RTI Application and there was disclosure that notification of the result was not available on records and I filed the same before the court
The court directs the OP to provide the information about the notification of result
My query is whether my client(petitioner) can file the affidavit stating about the non notification of the result and whether his affidavit would be weighable in the above facts and circumtances
Anonymous
23 January 2011 at 18:03
1) Voir dire test:I Have Heard That this test is applicable to all the children how are belo 18 years in all the court all over india if the advocate what's to ask any question or even if he want to say the children to recoganise any body in the court or even in the courtroom ? Pls tell me if possible with the apex court judgement.
2) Legislation by Reference & Legislation by Incorporation ? Pls tell me in detail pls pls with the examples pls pls. If possible with the case laws.
3) Cavet Emptor is applicable to all original suits, appeals, Regular First Appeal, Regular Second Appeal, First Appellate Orders, Second Appellate Orders, Any peitition, Any Writ Petition, LPA, SLP, Interim Applications or any Injuction any matters of Ex - Parte Orders, Judgement , Also it is applicable to the Family Court Matters. If posssible with the case laws.
Thank's In Advance.
God Bless U All.
Anonymous
23 January 2011 at 16:39
Dear Friends,
I am contesting a case under O.21 R.58 being objector to the execution proceedings.
The J.D. had died and now the DH had brought us all on record by moving an application "Application for bringing on records the legal heirs of the J.D."
To this application I filed objection that it is not maintainable but now the Judge had taken undertaking from me that if the application is allowed, I am having no objection and for the same I have filed objection/ reply and dictated all the law, but the Judge is adamant and now the matter is fixed in March 2011.
I am neither a party to the suit or the execution proceedings and also I do not fall into the category of the legal heir, instead the DH's children are the legal heirs of the deceased J.D."
What should I do?
Shall I file Writ petition or to go to appeal against the said orders.
Also the application doesnt bears any provision of law, that why it had been moved which is against the procedure as well as directions of the High Court.
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Need to know more about Subject Category: Rent Matter - Arrears of rent
Hello Sir,
We have rented a shop for Rs. 2500 per month.
As the tenant sub let the rented shop due to financial crisis. We have filed the case under Transfer of property act as UP Act 13 of 1972 is not applicable.
Now there is no sub tenant after the case.
We won the case from High court saying that the UP Act 13 of 1972 is not applicable and tenancy at will is applicable on that shop. HC has given the time till 31st Dec'10 to the tenant to vacate the shop.
Now tenant has applied for appeal in Supreme court under Subject category: Rent Act Matters - Arrears of rent.
SP court has passed an interim order status as quo just to hold the eviction till the next hearing i.e. 3rd Fabuary'11.
Just wanted to know more about this category and what he can ask for, in that category.....Also as the rent 2500 of that shop is from last 5 yrs and in High Court order it is mentioned that they sublet the shop due to Financial crisis. Is there any chances that he can get anything from SP court.
Looking forward to your advice???