B K Raghavendra Rao
19 February 2010 at 19:33
Plaintiff, tenant, has filed a suit for injunction against the Defendants, one owner of the premises and another bank lending loan to the owner, with a sole prayer: Pass decree restraining the Defendants from illegally dispossessing the Plaintiff. The facts are: Tenant has paid lease amount and entered into an agreement of lease. He is afraid that the owner may throw him out of his house unlawfully.
I argued with the Hon'ble Judge, the decree may passed at the admission stage of the suit itself as the prayer sought is a general proposition of law which no one in any event (whether contentions of the Defendants proved or not) has to be followed. But the Hon'ble Judge refused to do so saying that Defendants may be trying to illegally dispossessing the Plaintiff and therefore the plaint.
Why decree should not be passed even before going into the merits of the case?
MSC Shekar
19 February 2010 at 15:31
custodian
Definition
A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manage the property if the gift giver dies before the child has reached the age specified by state law -- usually 21. When the child reaches the specified age, he will receive the property and the custodian will have no further role in its management.
The above definition is obtained from this website dictionary. Interestingly I find this citation in a Gift Deed in which "Permission of Custodian with some No." is mentioned.
My query is what is this Uniform Transfers to Minors Act as mentioned in this definition and where can I get a copy of the same? If the same is now changed / amended what is the new Act named?
gagandeepsingh.bagga
19 February 2010 at 11:01
Dear All,
Can anybody provide me a judgement/citation which reveals that "Right to Work" should be dealt as urgent matter?
Addtionaly a judgement/fact which also says the following:
The plaintiff should not stop earning his bread and butter, by way of running a shop, just because, he needs to fulfill the law procedure by the way of issuance of post dated notice to MCD before instituting a suit (sec 478)MCD.
seema arora
19 February 2010 at 09:59
Dear Experts,
Can i claim my share in my fathers property , as my father passed away just few months before my marriage and left no will. The value of property is approx 6 cr +other immovable assets
All details of his property are with my brothers to whom my relations are not good ,can I file the suit of partition directly in Supreme court/High Court, as i am a working woman with limited resources and to my knowledge these civil suits in lower courts take very long time /how can i use that my brothers are discriminating me by saying to terminate all relationship with me.
kindly advise
PS I have no documents in my hand regarding the property and other assets
regards
Atish
19 February 2010 at 08:51
Dear Sirs,
Could anyone please help me with Case Law AIR 1950, Nagpur Bench, Page 110. I was told it denotes on Advocate not allowed to represent the client because he is a prime witness.
This is not only the reason and very important for me as it could not be obtained fron the Law College.
If I could be sent an attachment of this it would really help me. It is required in Pune. Kindly help by sending an attachment of the above or letting me know how to obtain it in Pune with immediate effect.
Time is the essence.
Regards
Atish
Anjali Arya
19 February 2010 at 07:36
Whether Warrant of Delivery of Possession can be granted by Execution Court in Execution of a Decree of Mandatory Injunction ?
Applying the dictum of the Supreme Court, it follows that a decree for injunction must be executed in the manner provided by Rule 32 and the issue of a warrant for delivery of possession in execution of a decree for injunction is not justified either by Rule 35 of Order Xxi or clause (c) of section 51.
A Judgement is attached for your kind persual.
Anonymous
18 February 2010 at 23:23
my brother and his wife expried who has a child.now the child is under my parents care.my parents are the legal guardian.we have court order also.I like to adopt the child.wat is the procedure
Anonymous
18 February 2010 at 23:04
My mother passed away few years back and my father remarried.I got married last year,now my father is neither ready to transfer his property to my name nor he is ready to leave a will behind.My fathers health is degenerating .I want to know if the worst happens who inherits his property,my step-mother or me.
Anonymous
18 February 2010 at 20:38
Dear Mr. Makkad & Others,
My husband died in an accident last year. He bought a flat in 2007 whose registration was not done. He took a loan . Now the bank wants to waive off the loan after verification of all documents and it has wanted signatures of legal heirs. I learnt that my mother-in-law is also a legal heir ( along with me & my 2 minor daughters) and she has 1/4th share in the flat and in her absence that 1/4 part will be divided into 6 parts ( me, 2 daughters & my 3 sisters-in-law) . My mother-in-law & my sisters-in law have tortured me mentally since the last 10 years & after my husband's death staying with them has become unbearable. THey are constantly accusing me of my husband's death in front of my children. I cannot live in the new flat as it is in an upcoming locality with much transport difficulties.I have looked after the maintenence of the flat & paying fees since the last 1 year. My father-in-law owns a flat and in his absence it will pass on to my mother-in-law and he also draws a pension. I had requested my mother-in-law to write her share in my husband's new flat in our daughter's name and in return I agreed to pay her either 1/4 amount of value of flat or in return of my share in my father-inlaw's flat. She has refused to do so at the insistence of my sisters-in-law.
I would be grateful if the following questions are answered:
1. Does the law bring justice by giving away part of my husband's hard-earned money to his well-off and married sisters and who have always misbehaved with us?
2. Is there any legal way in which I can get the flat in my & my daughter's name ? My sisters-in-law will trouble me so that I cannt sell it in future if need arises. I am not working & 2 of my sisters-in-law who are in India are working and the 3rd one is in USA for the last 10years.
3.whether in my mother-in-law's absence my sisters-in-law will inherit her share of our flat.
4.if I keep the flat unregistered till my mother-in-law's death & register it after her death will my sisters-in-law come into the picture?
Regards,
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framing of issues
CASE LAW on the point that there should be NO FRAMING OF ISSUES(under order 14 rules 1 and 5 cpc 1908 ) at the appellate stage .