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Anonymous   24 July 2010 at 13:06

land dispute

dear sir
i have purchase a land with a power attoney holders after the sale deed now the owner say power attoney is forgery filed a civil suit and as take a injunction and a declaration will it affect my sale deed
what is declaration and it is a exparty order

pratik   24 July 2010 at 00:28

Insolvency

Advanatges & Disadvanatges of filing of insolvency petition & the time limit to file it. Also who can file it.

A Book On which detail detail detail detail detail detail detail detail detail detail detail detail detail detail detail detail Information is given on Provisional Insolvency act, 1920. PLS


Thanks In Adavnce.

pratik   24 July 2010 at 00:21

Contempt Of Order.

If the decree or order or judgment of the court is disobeyed by the opposite party who has to obey than the opposite can file a execution petition with 12 years as per the specifi relief act OR he can file a (contempt petition or contempt writ )as per the contempt of court act. Also tell me whether contempt petition is proper or execution petition is proper or what is more advantage(S)& if than also the order or judgment or decree are not obeyed than the penalty provision or any prosectuion (JAIL TERM) is there or not pls tell me with the section.

In short the after passing the judgemnt if the parties does not obey than what are the penalties or any kind of punishment. Also what is time time limit to file a contempt petition or writ.

Thanks In Advance.

kamal dhawan   23 July 2010 at 18:05

wrongful termination of class I Govt. Officer

Recently Govt. of U.P. released a list of nearly 1042 . Doctors whose services have been terminated since they were absconding / absent unauthorisedly for a long time and not traceabe. Being untraceable, disciplinary action could not be taken against them and fresh recruitment could not be made. Therefore in consultation with U.P.Public Service Commission and approval of Hon\'ble Governor in exercise of power under article 311(2) their services have been terminated by Govt. of U.P. I am a consultant Gynaecologist and a class I officer working in U.P.Govt. PMHS and posted in a District Hospital . I am a postgraduate (Gold Medalist) and have rendered uninterrupted service for 30 years and served in many cities and hospitals of the Govt. My name is also included in the list of terminated doctors. While I have made representations to concerned authorities and the outcome is awaited, meanwhile prominent dailies of Allahabad and Kanpur have sensationalised the news of my termination which has added to my grief. I suspect that my inclusion in the list of terminated doctors is not an ordinary mistake but a pre meditated action of my superior officer and others acting in consert with her/him by giving false information or specious feedback when information about missing doctors was being collected. Kindly advise whether a writ petition against my wronful termination could give me following relief: 1.A compensation equivalent to my remaining service of about 5 years or more? 2.An order for an enquiry to fix liability on those who have furnished false information or specious feedback knowing it to be false. 3.Voluntary Retirement from Service if I choose to demand. Regards - View Group

Legal Fighter   23 July 2010 at 17:50

Execution u/s 27 of consumer protection act

Can execution u/s 27 of CPA be filed for the second time if it was not decided on merits for the first time?

Details of the case are :
I filed execution petition before consumer forum without mentioning any section and prayed for execution of order alongwith penalty. While deciding, the forum just passed order u/s 25.

Now I want to file seperate execution application u/s 27 of the CPA. Will this be maintainable?

biren   23 July 2010 at 15:00

rights of heirs of a beneficiary of a will fr immov.Proprty

what are the rights of the heirs of a beneficiary of a will, in following case:

If the beneficiary of a will (for immovable property):

1. fails to execute the will and get the property transferred in his own name - for 10 years;

2. and if the beneficiary dies (leaving the property still registered in name of original owner who had bequethed the property to the beneficiary)...

3. the heirs of the beneficiary file a claim for the property of will AFTER 8 years of the death of beneficiary - that is, 18 years AFTER the death of the original owner, and effective date of the will.


any judgements that can be used for citation would be very welcome.
------------

query-2:
what is the time limit for the execution of a will after the death of original owner.


thank you for taking time to help me out.

biren   23 July 2010 at 14:33

jurisdiction for succession certi issue for immovable proper

can the lower court (principal civil judge) issue succession certificate in case of a will for immovable property?

any judgements that can be cited for this?

thanks

Anonymous   23 July 2010 at 11:57

SERVICE BOND

Dear All

I want an opinion that in a service bond which is for 5 years it is mentioned that you will serve the compny for five years and in case of leaving the organisation before that period you will be liable to pay 3 months gross salary calculated at the rate of salary drawn during the last month.

The bais facts are Probation period is six month, (Service Bond period is calculated frm the date of joining)

1.Agreement is silent for the any notice period provided by the company to employee.

2.Its purely in favour of the company and nothing is mentioned about the future prospects and any other liability towards company

3.Company besides PF also deducting supperannuation,security,part of the bonus from salary.

Questions are:

Whether one sided service bond where no training is provided by the company to employee is valid?

In case of leaving the organisation by the employee can company recover three month salary and if yes then what would be the calculation if any employee before giving notice takes leave and t draw a salary total 10000 instead of gross 50000. Please note after drawn salary rs.10000 he will give notice to company for immediate leaving?

Kindaly guide how he can leave to sav money and what should he do for leaving?

Dushyant Pandya   23 July 2010 at 11:28

Working after retirement

Retired government officer is having or enjoying pension is allowed to work in private sector?

suhas digambar kharadkar   23 July 2010 at 10:30

Non Joinder/Misjoinder of parties

Mother has filed a regular civil suit against the relatives for partition /division of share in joint hindu family. Alongwith the relatives there are several parties including a developer who has entered into development agreement with the ralatives and the others. We as sons are also made as defendent ( non contesting ) total 17 defendents are there. the suit is in process and presently status qou order is given to dfenendent no 13and 14. The developer who is defendent No 17 now has filed a special civil suit for compensation of Rs 65 crores against mother ( who is palntiff in regular civil suit for partition ) and sons ( who are just defendents in regular civil suit of partition ) because of status qou order he is uanable to develop the land. The special civil suit for damages is filed against the mother and sons .

Can we contend that since the sons are no parties to regular civil suit for partition and are just defendents for partition filed by mother , and the special suit for damages is filed against mother and sons , there is misjoinder of parties and the suit is liable to be dismissed? Sons are unnecessry involved in compensation to harass them
Similarly the other relatives are defendents in regular civil suit who have entered into development agreement with builder and accepted consideration are not made party in special civil suit it is non joinder of partes and suit is liable to be dismissed ? Cna we contend that since the suit for partition is yet to be decided the subsequent suit for compensation is a premature suit and liable to be dismissed?

Your expert opinion will help me a lot .In special suit for damages thers is also an application for attachment of damages of properties. How far it is serious ? Is ther any citation/case law on non joinder/ misjoinder/premature filing of subsequent suit ?