bhumika
03 June 2016 at 16:36
I am a law student from rajkot Guajarat,
My father wasan advocate and he took an offcie on lease at 1993 , and deposited an amount of rs one lac. but after he gone on 2002, the owner of the office falsly claim possessin on the ground of "Non Use"
and no any furniture or other infrastructure in office.. which is false....
in fact there are books of cost of 3lacs and other precious furniture and we are using office thorughout.. the years and to prove this we produce documents and envelops of post.... at our office adress, but there was no evidence can be found by us for the year of 2006 with other evidences
but recently by chance we found the envelops and postal evidence of year of 2006 so we present evidences before the court but they dont consider them as evidence with reason that there is no "good cause" is given for the late admisn of evidence ( apprehension of order 13 rule 2)
but original documents are still in the court without tthe exhibit no
Please guide....tht
(1)what should be the next step as defendant
(2)for appeal do i need original documents??
(3) if yes How to i can get back my original documents from the court???
(4)how to appeal to consider docucments as evidence,
and i need format/draft of the appeal for the matter as here......
aliya
03 June 2016 at 14:33
My husband has filed a divorce case and I have filed DW and dowry case against him and his family. All the cases are running parallel and he has not been granted divorce till now.But I came to know that he has married someone 2-3 days back. What can I do against him?
Aditya Anand
03 June 2016 at 12:24
My grandfather is not willing to distribute property within us.he is in favour of giving all to one of his son.. So how can i restrict him to do so.. What can be legal proceedings if possible..
Santosh
02 June 2016 at 09:55
Sir i want help from the esteemed panel in a matter where i was cheated by mobile insurance company. I took mobile insurance from pick me india company for my apple i phone 5c, the phone unfortunately got damaged and i submitted my phone for repair/ replacement as asked by the company, initially they rejected my claim giving useless arguments, then they finally took my phone dor repair after i threatened them that i will move to court. They asked my apple id and password which i refused to give. I have all the call records, documentary proof and e mail correspondence . Plz suggest me a iption and process as i want to get my apple i phone 5c back.
Ramakrishna
01 June 2016 at 16:41
A land was cultivated by a old man for long years, suddenly MRO acquired that without showing aid, the land was not transferred till today. Again the old man or his legsl hires , has right to ask from any legal provision
Madhu Mittal
01 June 2016 at 14:31
Respected Sirs,
On the above subject, I want to state that When shares of my Late Father in law who resided and died at Jaipur (Rajasthan) and Unregistered Will also made at Jaipur were sent to Karvy Computershare Pvt Ltd, Hyderabad (
E-mail: einward.ris@karvy.com), Karvy Computershare Pvt Ltd, Hyderabad insisting on Probate of Will and does not want to act on behalf of Will.
Whereas “Probate of will” it is not required as per law, “Will” is enough , this is clarified by the Hon’ble Supreme Court in its decision, again clarified by the Hon’ble Gujrat High Court on the point for your ready reference, the paras of this two decisions is given herebleow:
1. IN THE SUPREME COURT OF INDIA Decided On: 22.02.2001 reported at AIR2001SC1151 in a case named Clarence Pais & Ors. etc. vsUnion of India para 8…. As a consequence, a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories or regarding the immovable properties situate outside those territories.
2. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Decided On: 30.10.2006 reported at MANU/GJ/8701/2006 and (2007)1GLR277 in a case named Minaxiben Shashikantbhai Patel Vs. Dist. Collector at following paras:
1. The only question, which arise for consideration of this Court in the present petition is whether for a Will executed by a Hindu qua the property situated outside the original civil jurisdiction of the High Court at Calcutta, Madras and Mumbai, the probate is a compulsory requirement for establishing the rights pursuant to the will or not?
9….Therefore, even without probate, the rights acquired by the executor or legatee of the Will can be established before the Court or before any other authority which in the present case is revenue authority.
10….. Hence, the stand of the District Collector insisting the probate for the Will in question cannot be sustained in the eye of law and deserves to be quashed and set aside.
11. In the result, the petition succeeds. The impugned communication made by the District Collector not to proceed with the mutation without their being any probate of the Will in question executed by the deceased Chandubhai Jivabhai Patel is quashed and set aside. Consequently, the District Collector shall be required to consider the matter for entering mutation based on the Will after following the procedure as may be required, if not followed, under Section 135D of the Bombay Land Revenue Code and if the rights pursuant to the Will are established before him, the necessary mutation shall be recorded in the revenue record in favour of the petitioner as may be permissible in law.
In spite of sending these two citations to Karvy Consultant , the Registrar of Issue and transfer Agents of Kotak Mahindra Bank insisted that without Probate of Will, no transmission will be done.
Please let me know whether Karvy consultant is correct in denying transmission of shares without Probate of Will or not.
IF not correct, what should be done as per law?
NARAYAN
01 June 2016 at 09:55
IN THIS CASE PLAINTIFF HAD GOT PRIMILARLIY DECREE IN DISSOLUTION OF PARTNERSHIP FIRM AND ACCOUNT SETTLEMENT OF SHARE IN FIRM . FOR THAT THEY APPOINTED COMMISSIONER TO VERIFY THE ACCOUNTS OF FIRM .BUT PROBLEM IS THAT DEFENDANT SIDE NOT GIVEN PROPER BOOKS OF ACCOUNTS OF FIRM THEM .IN THIS SITUATION HOW A PLAINTIFF TO GET JUDGEMENT & SHARE PLZ TELL ME ITS VERY URGENT
Sudhin2218
31 May 2016 at 22:06
What is the time limitation to file regular second appeal (RSA) in Karnataka high Court ?? Is it 90 days or 30 days ??
Divya
31 May 2016 at 14:03
Respected experts
I have to execute a decree. Judgment debtors are all shareholders Cum directors in various construction companies having shareholder stake like 10%, 50%, ETC..
none of these construction companies have filed their financial statements before the respective registrar of companies.
I as a decree holder should only attach shares of that share holder and file just garnishee proceedings.. Or do I as a decree holder have legal options to attach the immovable construction projects of those construction companies to the extent of share holder rights along with garnishee proceedings..
Pls advise since a few advocates have been stating that company is a distinct legal entity from share holders due to which company assets cannot be attached...
Thank-you
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Final decree proceeding
District court passed preliminiary decree in favour of my
after this opposition party FILELD appealed in higher court again.
then
i can proceed final decree AND process to appoint commissioner or wait till appeal decision