pratik
18 July 2010 at 13:08
Section 375 (2) The Judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder.
Query:
WHat does the section says in detail because i am confused that a person can files a case on this name also which i have heard the first time as per the above section so i need a explanation that what does the section says pls in detail. if possible with the help of a example(S)(S)(S)(S)(S)(S)(S)(S)(S) ?
Thanks In Advance.
GOD BLESS U ALL.
pratik
18 July 2010 at 12:28
Indian Succession Act, 1925
382. Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases.- Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII--
(a) has been granted to a resident within a foreign State by an Indian representative accredited to that State, or
(b) has been granted before the commencement of the Part B States (Laws) Act, 1951, (3 of 1951.) to a resident within any Part B State by a district judge of that State or has been extended by him in such form, or
(c) has been granted after the commencement of the Part B States (Laws) Act, 1951, to a resident within the State of Jammu and Kashmir by the district judge of that State or has been extended by him in such form, the certificate shall, when stamped in accordance with the provisions of the Court-fees Act, 1870, (7 of 1870.) with respect to certificates under this Part, have the same effect in India as a certificate granted or extended under this Part.
Query :
1) What does the section says pls explain me detail?
2) Also pls give me the reference that which books is more perfereable to read "Arbitration and Conciliation Act 1996" to understand in depth with the case laws.
Thanks In Adavnce.
Anonymous
18 July 2010 at 12:03
I have posted a querry under the Message Title "Small Cause Court"
I have received a reply wherein Expert has asked for more details.
Please guide me how I can send details to Expert who has replied
Anonymous
18 July 2010 at 11:51
My brother has filed LE suit in Small Cause Court in Mumbai.(against me and my family) for evicting me from my residential premises where I have been since 1958. He has asked for interim relief that I pay Rs. 30000/- per month till suit is decided and that he be permitted to enter my room which is in possession.He claims to be owner of the suit premises.
The suit premises (residential) is not in his name . It is major part in a partition suit where one of the issues mentioned is " whether brother proves that this suit premises belongs to him"
I am a party in the partition suit but my my wife and sons (one is minor) are not parties in partition suit.
Can I get the suit dismissed / stayed? . If so ,under whixh section? I
The LE suit has obviously been filed to harras me financially and make me spend money which I cannot afford.
The suit was filed in November 2009 and I have filed for stay but I have not yet filed my written statement. The reason was my lawyer who has returned the papers had given me to understand that he had filed for stay, it was not necessary to file written statement at this stage.
Am I in serious trouble? Will the Judge pass exparte order in brothers favor?
How do I get out of this mess?
Harrassment includes physical / mental /financial. Goondas have been brought home and have been removed by police at late night . but no action taken against brothers as they have got influential contacs who have bee fooled into helping them. Some contacts, I have met. They have apologized and have backed out saying they did not know the truth ; but they do not want to get involved further and undo the damage they have inadvertently done.
We are suffering and there is daily harrassment.
Anonymous
18 July 2010 at 11:28
Dear Sirs,
I humbly attach a brief about my matter for recovery of losses from Society for harming me and making me suffer financial losses and mental torture.
Kindly revert. God bless you all experts taking out time for such causes.
Regards,
Anonymous
18 July 2010 at 08:05
My brother has filed a LE suit on me and my family in November 2009.
The suit premises is not in his name.and is one of the issues in partition suit pending in the high court, where one issue mentioned is " whether brother proves that the flat belongs to him".
I am a party in the partition suit but my wife and sons (one is minor) are not parties in partition suit.
Will the Small cause allow the suit to be stayed or dismissed ? under which section ?
The LE suit has obviously been filed to harrass me financially and make me spend money which I cannot afford.
2. I have not filed my written statement yet ( 7 months) because the lawyer who was earlier representing me has returned the papers had given me to understand that since he had filed for stay, the same could be done later. The application for stay is pending.
3. Am I in deep trouble ? Will the Judge pass exparte order in LE suit.
Pls advise. The tension is terrible as the situation of harrassment, goondas is terrible that sometimes I wonder if life is worth living.
Thank you.
Harassed Anonymous
Anonymous
18 July 2010 at 00:29
my husband owns the house. We are muslims. I have 6 sons and 3 daughters. We have still not divided our property amongst our children. We live in a joint family set up. one of my sons dies 2 years ago. His widow does not live with us. According to our muslim personal law she does not hold nay right to our property. Yet she has occupied a room of the house and has kept her bed etc. inside it and locked it. sometimes she comes for an hour and then goes back. I don not know what she does insode the room or what things are kept in her room. I fear she might have kept some arms or ammunition and may report to the police that we have kept it. I do not trust her. What i want to know is that if i end her occupation of teh room, for instance i break open teh lock and remove her things from there, will she hold any legal right to the room under the indian penal code? will i be liable to give her some money or occupation of teh room because she is a widow?
bhupendra
18 July 2010 at 00:10
what is the full form of CM Appl and what does it mean?
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Interesting One.
Indian succession act, 1925.
379. Mode of collecting Court-fees on certificates.- (1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870, (7 of 1870.) in respect of the certificate or extension applied for.
(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid.
(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it.
Query : As per Section 379(3) if the sum depositd is not expended then it will be refunded. so as per section 379(2)the word "SHALL" doesn;t have the meaning only.
So as per my interpretation if the judge doesn't increases the deposit amount than than the whole amount is refund so the word shall doesn't have any meaning .
Pls explain me the sub section (2)&(3).
Thnaks in advance.