Civil Law queries [Resolved] [2224]

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Anonymous 20 October 2010 at 12:56

Son become Response for died father

Dear All Expers,

one my friend (A)father was worked in central GOVT, one of the (B)is co-worker bought a loan from indian bank 2 years before, Mr. A has signed Surity for 'B', now B' is not paid loan amount and still he is working in Central Govt, and Mr.A' was died past 6 month before and A' son C' got the job way of inheridence of father death, now indian bank is suit a file to the A' son's C' that you are surity of father signed document now indian bank file a complaint A' son's C, still now B' is live and working in Central Govt, i want this related judgment and citation

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Anonymous 20 October 2010 at 12:29

Property Right

Respected Sir,
My father was adopted son in the year 1936 by grandfather and grandmother. As they were not having child at that time. But, after about 7 years from my father adoption, my grandmother gave birth to male child.

My father, got the job in The Electricity Department, Govt and he was the only one person looking after the parents, giving all the help to our grandfather and grandmother. He was retired in the year 1996, he is 74 years now.

We are cultivating some portion of land, which is in the name of my Uncle (under Form I & XIV).

The total property is around 45000 Sq. Mtr. which is purchased by my grandfather in the year 1964. We are having all the old documents pertaining to the said property (i.e Matriz under Portuguese language and translation of the same). My grandfather expired in the year 1979 and Grandmother in the year 1994.

The said property was resurveyed in the year 1985 and my uncle without informing my father transferred the said property to his name (i.e now in Form I & XIV, Occupant column his name is there). At the time of resurveying, my father was on duty (i.e in the year 1985).

We have asked several times to our uncle to give us our cultivated portion of land, but he is neglecting to give us. Our uncle has sold around 6000 Sq. Mtr. of land to others without informing to my father.

Now, at this stage my uncle is trying to sold total property including our cultivated land also.

We are having all the documents pertaining to my father, Birth Certificate, Marriage certificate, Grandfather death certificate also.

In my father Birth Certificate, they have mentioned as “SON” and also given all the details like Grandfather name, Grandmother name also.

Whether, our father will get share towards the property.

Kindly suggest us for obtaining our rights towards our Ancestral property. Awaiting a positive response,

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Anonymous 20 October 2010 at 12:22

Govindarajan .J

Dear All Experts,

i want for neethi arasan Govindarajan committee, rules and regulation of the private schools and madras high court decree also needed, so any have for the same kindly post it

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Anonymous 20 October 2010 at 10:07

school case URGENT

A private aided school in tamil nadu(minority institution, malayalam) was running by its owner being father of eight children. In 1973 he made up a WILL stating that after his death his brother will have the role of Manager of the School till his death and after the death of both his eight children shall form a Trust and manage the School.
But unfortunately after the death of the founder of the school, his brother came into play and during his tenure he changed the WILL according to his wishes and made up to one of founders son the power to manage till his death also. The brother died in 1993
Because of that even after the death of both the founder and his brother, the School is run by one person instead of all such eight children by forming a trust.

There is a case against the manager of the school by other management members.The total management members only eight in number and four of them including the manager forms illegally one group and the other four gave a court case.
Still the manager appoints staff and all day to day activities.
How to stop him from that till the disposal of suit.
How to obtain injunction .
The case is in sub court. in tamil nadu.
The manager and the parties taken an order from Madurai court, tamil nadu for delaying our injunction if any submitted.or CAveat or something like that.
Please suggest remedy
VERY URGENT.
Can the four parties form a trust on their own and change the manager and notify it to Education offices.
What is the immediate remedy.
Simply by waiting for the case against them is not wise as it will take time.
please

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Anonymous 20 October 2010 at 10:02

Delay in filing Application for Execution

The District Consumer Form delivered its order in my favor on 26th July,2010 putting obligation on OP to comply within one month of the Order. As there is non compliance of order by OPs within stipulated time of one month, and as almost three months are over, will my application for execution be mantainable, if I submit my EP in this month ? What is the maximum limit by which I can do so?

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Anonymous 20 October 2010 at 09:27

school management aided

There is a case against the manager of the school by other management members.The total management members only eight in number and four of them including the manager forms illegally one group and the other four gave a court case.
Still the manager appoints staff and all day to day activities.
How to stop him from that till the disposal of suit.
How to obtain injunction .
The case is in sub court. in tamil nadu.
The manager and the parties taken an order from Madurai court, tamil nadu for delaying our injunction if any submitted.or CAveat or something like that.
Please suggest remedy
VERY URGENT.
Can the four parties form a trust on their own and change the manager and notify it to Education offices.
What is the immediate remedy.
Simply by waiting for the case against them is not wise as it will take time.
please

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Nirmal Joseph 20 October 2010 at 00:54

Order XXI rule 89 Section 151 of CPC

Hi,

The following is the extract of an order. Please go through and provide your valuable suggestions.

A Petition was filed under Order XXI rule 89 Section 151 of CPC to set aside the sale of A & B Scheduled properties held on 11.03.2010 and 25.03.2010. The Petitioner is the respondent in an EP. The A & B Schedule properties in EP were proclaimed for sale on 11.03.2010 and the amount specified in the proclamation of the sale is Rs.14Lakhs. (But the present Market value of the property is more than two Crores)

The Amended order 21 Rule 92 (2) required in case of an application under Order 21 Rule 89 the deposit to be made within 60 days from the date of sale.

The Application in question and the amount under sale proclamation were made on 31.05.2010 which is beyond 60 days period because the Court was on vacation. The Hon’ble Judge pointed out that though during the course of the argument the Petitioner’s Counsel said that the amount could not be deposited before the expiry of the 60days due the court vacation, the affidavit filed in support of the Petition did not explain as to why the Petitioner did not move the vacation Court for the same purpose. Stating this reason, the application was dismissed.

I have the following quarries:

Is it possible to file the application and make the payment in vacation court?

If so, because there is a delay of few days, would a proper delay connotation application save the petitioner?

Can the petitioner go for an appeal?

If possible, under what grounds?

Thanks,
Nirmal