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Anonymous   15 October 2010 at 15:16

trust property

how do i know the property where i am staying is a trust property or not?

aman kumar   15 October 2010 at 12:44

ENCROACHMENTS,

THERE IS A GENERAL PRACTICE OF PERSONS THAT THEY USE LAND OF OUTSIDE HOUSE AS LOWAN & MAKE A BOUNDARY OR RAILING SO ROAD BECOME NARROW TO USE OF OTHERS
MANY PERSONS ENHANCE HIS /HER UPPER ROOF AREA OUT OR HIS /HER LAND ON THE ROAD
WHAT IS THE SIMPLE REMADE FOR SUCH TYPE OF WORK. IF MUNICIPALITIES & DEVELOPMENT AUTHORITY IS NOT DO ANY THING ?

Arvind Singh Chauhan   15 October 2010 at 09:25

INTERPRETATION

Sir in a boundary suit we won from High court and execution proceeding was running in lower court. Meanwhile opposite party filed SLP in SC and lower court asked them to file if there is any stay.
SC ordered " Leave granted, parties are directed to maintain status quo as obtaining today"
Please suggest ,whether lower court should stay the proceeding in the light of this order.
Another side I have a case law -

Mere filing of a petition, appeal or suit would by itself not operate as stay until specific prayer in this regard is made and thereon so order of stay passed- SC-UAD-2009(2)-539.

Anonymous   14 October 2010 at 20:30

private aided school in tamilnadu

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.
case filed only belatedly after 17 years in 2009.
Now we want to know the legal remedy that may happen.
whether we shall succeed. How many years it will take
Still the one man who is the son of the founder , running the school based on the illegal WILL made by the brother of the founder of the school.
Out of the eight children four formed one group and the other formed other group including the present manager son.
Can We obtain injunction from court.
Please guide us what to be done to further stop the manager in atleast restraining him from appointing teachers and staff to the School till the disposal of the suit questioning his power to act as Manager and Correspondent.

thanks
ajith kumar

Anonymous   14 October 2010 at 19:38

WANT OF CITATION

Sirs,
CAN ANY ONE SEND ME A COPY OF THIS SUPREME COURT JUDGEMENT,
2010(3)APEX COURT JUDGEMENTS 249 (S.C)
PLEASE MAIL ME THE COPY OF THIS CITATION IF ANY ONE HAS TO MY MAIL ID: shreehari.advo@gmail.com

I will be very thank full if i get this authority.
thanking you all.

Member (Account Deleted)   14 October 2010 at 19:35

Limitation on Arbitration

Whether the Limitation Act is applicable on arbitration proceedings?

If a loan agreement contains arbitration clause, wheher bank can proceed for arbitration even after the debt becomes time barred?

Anonymous   14 October 2010 at 19:34

WANT OF CITATION

CAN ANY ONE SEND ME A COPY OF THIS SUPREME COURT JUDGEMENT,
2010(3)APEX COURT JUDGEMENTS 249 (S.C)

Harshpal   14 October 2010 at 19:32

SARFAESI Act

My bank has taken possession of my movable assets under SARFAESI. They are perishable in nature the bank is supposed to take steps for their preservation but bank is not taking any steps inspite of my requests. What should i do? Can i file mandamus writ in HC

gaurav   14 October 2010 at 16:24

to say something or Apply more in evidence stage



One Civil M.A. that i filed is in evidence stage after both parties filed their say .but if i want to apply or say more or want to some interim application during pendancy of case ?
can i do that in which way?

Jignesh   14 October 2010 at 15:29

Nomination And Inheritance

Say a person , X , holds a Property (a Flat) in his name . He has got it registered at the Sub-registrars Office on his name (Single) name . He also has Mutual Funds . Now , as he is getting old-aged , he decides to nominate the Property & Mutual Funds . He collects form for Nomination (Form No. 14) from the Mumbai District C-operative Housing Federation ,fills it , signs it & files it in the Society Office of the Building in which he holds the Flat . In this Form he nominates his wife to the Flat.Also he nominates all his Mutual Funds on his wife"s name by filling up& signing the concerned form & submitting it at the Mutual Fund Office .

However , after a few years , he forgets he has done these Nominations and makes a Will in which he nominates his elder son to the same Flat and his younger son to the Mutual Funds . A few months later he dies .

Now , after his death , who would be the Legal heir to his Flat & his Mutual Funds - His Wife or his Sons ?

What would happen if he has forgotten to have his will Registered ?