kranthi kiran
15 November 2009 at 15:36
One widow lady looked after a female child and a male child, as if they were adopted daughter and son. Both the children were left at hospital by some unknown persons and as such this lady at different point of times had took them to her house and brought them up. No legal procedure was fillowed by the lady for taking adoption. The deemed adoption of the boy was taken after attainment of the majority by the girl eariler adopted. Later on the marriage of the girl was performed. The lady in the year 1995 has executed two seperate agreements in favour of the girl and minor boy repectively, aleinating her house property equally to the boy and girl. Those two agreements are un-registered agreemtets but they are attested by the notary.
After the death of the lady, the adopted Girl, with a malice intention to grab the entire property, had took the minor boy (aged 12) to a railway station and let him illegally transported by leaving him in a train. The minor boy, who is now aged about 22 Years. had spent all these Years in Kerala State working in hotel as bonded labour. Now the boy at the age of 22 has returned to the Village. His sister (i.e, the lady adopted by his adopted mother) refused to shelter the boy. The lady is refusing to give share in the house. The Other relatives of the adopted mother have recognised the boy and are supproting him. But his sister is denying share in the property and is trying to alienate the property to third parties. Further the lady along with her husband beat the boy and threatened him with dire consequences.
The boy came to me seeking advice. Can he file suit for declaration and recovery of possesion based on the notarised agreement executed by his adopted mother. The relatives of the adopted mother are ready to give evidence regarding adoption and the execution of agreement. But it has been already(4) Years that the boy had attained majority.
Further, now at this pont of time, after a lapse of 10 Years,whether the the boy can file a criminal case for abduction and illegal transportation. In this regard, one more thing I forgot to mention is that, when the boy found missing, way back in the year 1999, a compalaint has been lodged with the police and a FIR had been registered.
Seeking advice of my learned seniors
Anonymous
15 November 2009 at 11:33
sir,
i MD of construction firm sold about 40 independent houses and recieved cheques through a nationalised bank,then 8 of the property holders approached me to resale their property to other parties inspite of being loan theirwards .i sold that property on my behalf of my firm,as first property holder said he will close the loan. in that way i again received cheques through other bank through MOU by first property holder by development agreement ,this time we sold for about 2 lakhs more then first price i gave original price to first party and gained 2 lakhs profit on each house ,but the first property holder did'nt close his loan as promised and the docments are in first bank only .
so please guide me how to approach and what to do?
thanking you,
ram
ram
15 November 2009 at 11:32
sir,
i MD of construction firm sold about 40 independent houses and recieved cheques through a nationalised bank,then 8 of the property holders approached me to resale their property to other parties inspite of being loan theirwards .i sold that property on my behalf of my firm,as first property holder said he will close the loan. in that way i again received cheques through other bank through MOU by first property holder by development agreement ,this time we sold for about 2 lakhs more then first price i gave original price to first party and gained 2 lakhs profit on each house ,but the first property holder did'nt close his loan as promised and the docments are in first bank only .
so please guide me how to approach and what to do?
thanking you,
ram
P.S.Subbaraman
15 November 2009 at 07:44
My corporate client had filed a suit before the District Court seeking a declaration that the company and the defendant company had not entered into a contract and hence the matter should not be referred to arbitration as there was no adidem among the parties. Injunction has also been got restraining the other party from proceeding with the Arbitration. But the Arbitrator unmindful of the lis pending between the parties is proceeding ahead. Can Contempt be filed against the Arbitrator , who is not in India? What is the effect of the Arbitration conducted and can it enforced in India at a future date?
Adinath@Avinash Patil
14 November 2009 at 22:07
ADMINISTRATION OF JUSTICE ---- PRINCIPLE OF HIGHEST IMPORTANCE --DUTIES AND OBLIGATIONS OF LAWYER AND JUDGES--SUBJECTIVE MOODS, PREDICTIONS, EMOTIONS AND PREJUDICES OF JUDGES HAVE NO PLACE IN IMPARTING FAIR AND IMPARTIAL JUSTICE.
[PARA 19,20]
1998 SUPREME APPEALS REPORTER [CIVIL] PAGE 407.
M/S CHETAK CONSTRUCTION LTD.V/S OM PRAKASH &OTHERS.
Prateek Biyani
14 November 2009 at 17:35
Sir, plz clear me the difference between Order, Dcree, and Judgement.Can appeal be filed against each of them ?
What is interlocutary orders?
Can the parties by agreement decide any place their juridiction by agreement which is neither their residence place, work place or cause of action ?
plz clear the above points in simple language.
thanks in advance.
Bhartiya No. 1
14 November 2009 at 16:56
Respected experts,
We r two persons 'A' and 'B' living in different locations. Both have some lands situated in each other's locality. Some portion of land of'A' is situated adjacent to 'B's house and some portion of land of 'B' situated adjacent to 'A's house. Both are agree and wants to exchange the respective portions of land. Consulted local lawyer on this, they say that both have to do separate registry in each other's name, which is costing a lot. Can it be done thro' exchange deed? If possible pls send exchange deed. Can they exchange in any other cheaper way? THanks and regards.
P.S.Subbaraman
14 November 2009 at 07:45
Whether a illegitimate child born to a Christian entitled to share in the property ?
Kumar Krishan Agarwal Advocate
13 November 2009 at 23:15
What is the clear interpretation of this Rule 7A and where it is helpful to use it or what type of suits ?
In Order XX, after rule 7, insert the following rule, namely:-
"7A. formal Order.-
A Court, other than a Court subordinate to the District Court exercising insolvency jurisdiction, passing an order under section 144 or an order against which an appeal is allowed by section 104 or Rule 1 of Order XLII, or an order in any case, against which an appeal is allowed by law, shall, if a party applies for a copy of formal order or the Court so directs, draw up a formal order embodying its adjudication and the memorandum of costs incurred by the parties."
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Alienation of Property of a missing child
One widow lady looked after a female child and a male child, as if they were adopted daughter and son. Both the children were left at hospital by some unknown persons and as such this lady at different point of times had took them to her house and brought them up. No legal procedure was fillowed by the lady for taking adoption. The deemed adoption of the boy was taken after attainment of the majority by the girl eariler adopted. Later on the marriage of the girl was performed. The lady in the year 1995 has executed two seperate agreements in favour of the girl and minor boy repectively, aleinating her house property equally to the boy and girl. Those two agreements are un-registered agreemtets but they are attested by the notary.
After the death of the lady, the adopted Girl, with a malice intention to grab the entire property, had took the minor boy (aged 12) to a railway station and let him illegally transported by leaving him in a train. The minor boy, who is now aged about 22 Years. had spent all these Years in Kerala State working in hotel as bonded labour. Now the boy at the age of 22 has returned to the Village. His sister (i.e, the lady adopted by his adopted mother) refused to shelter the boy. The lady is refusing to give share in the house. The Other relatives of the adopted mother have recognised the boy and are supproting him. But his sister is denying share in the property and is trying to alienate the property to third parties. Further the lady along with her husband beat the boy and threatened him with dire consequences.
The boy came to me seeking advice. Can he file suit for declaration and recovery of possesion based on the notarised agreement executed by his adopted mother. The relatives of the adopted mother are ready to give evidence regarding adoption and the execution of agreement. But it has been already(4) Years that the boy had attained majority.
Further, now at this pont of time, after a lapse of 10 Years,whether the the boy can file a criminal case for abduction and illegal transportation. In this regard, one more thing I forgot to mention is that, when the boy found missing, way back in the year 1999, a compalaint has been lodged with the police and a FIR had been registered.
Seeking advice of my learned seniors