Devinder Mohan Puri
03 August 2015 at 14:09
Dear Sir
I am in transferrable job. I transported my car by truck through a transporter and obtained receipt. I have come to know that transporter instead of loading in the truck drove the car to my destination. The car met with an accident when it dashed into a tree. I heard that someone who was in the car died. Driver survived.
I do not know what to do. I have seen the reports in the local newspaper that car dashed into a tree. What are my responsibilities/duties and what course of action should I take. Should I inform police in this regard.
Regards
Sundaravadivel
03 August 2015 at 06:16
A mother and her two sons are the owners of land totalling 10 grounds
One of the sons was given a Power by other owners say mother and the son with a specific clause saying that the POA can appoint or delegate his powers to another person to develop the property by construction of flats. Now the original POA delegated his powers to a builder to construct flats and sell. Both the POA got registered. Under the circumstances whether we can enter in to an agreement with the vendor viz the 2nd POA for purchase of a flat is legal. Is there any section under contract act or supreme court judgement or order support in this. Pl clarify in detail sundaravadivel Br Mgr. Syndicate Bank
kiran
03 August 2015 at 03:01
Hi,
LAND ACQUISITION (A.P. AMENDMENT) ACT, 1953
U/s 30 of Land Acquisition Act of 1894
Government has awarded remuneration for the land acquisition to support Hyderabad metro rail.
However, there is this another party from nowhere.. filed an objection.
We bought this piece of land about 10 years ago and have been owning it since then.
And we do have all the legal documents.
1. What will be the list of documents, that the judge/court will need to give the remuneration/amount to us and not the 2nd party.
2. Are there any citations that I can look up to support my case.
3. Usually how long does it for the final decision. This case has been running since Jan-2015 and we are asked to submit a counter with documents.
Thanks in advance.
ganpatbhai
02 August 2015 at 21:47
Two persons (Not In Blood Relation) Purchased an agriculture land (Yr.1974)thrg.sale deed,in sale deed they have not mention any contribution or share neither for consideration nor for property partition ,,(Joint Tenancy) after years one co owner expired(yr.2002) without making any will ..on revenue record the name of remaining owner is carry out yet,,after completing mutation procedure..My Questions are given below..
(1) Can Deceased legal heirs claim for their portion after 13 yrs. ?
(2) In case of joint tenancy or joint ownership the property goes to the other co-ownership, survivorship and nor to the legal heirs of deceased co-owners.is it True ?
Pl.Reply At earliest..& obliged..
professional
02 August 2015 at 19:41
Question: A has let out his shop to B at a rent of Rs. 100 per month in 2004. At the time of letting a documents on requisite stamp per is executed ''by B only'' recording the terms and conditions of letting. One of the terms is that B shall not change the shutter and the show window of the shop. In another clause it is mentioned that B has taken the shop on rent for a period of 11 months only. A, finding that B has made preparation for changing the shutter and show window of the shop institutes a suit for permanent injunction to restrain B from doing so. A in this regard relies upon the aforesaid document which was signed by B only. B takes a plea that the aforesaid document being unregistered cannot be looked into by the court. What will be the fate of objection of B ? Also, whether the position would be different if the said document had been signed by both A and B ?
J. P. Shah
02 August 2015 at 18:07
My friend is trying to recover nearly Rs.3.00 lakhs from a state govt for goods supplied to its departments in 2005. Since all administrative remedies have failed, he intends to file a recovery suit for bill amount. In last 6 months part of bill is paid but balance is not being paid. Please inform me limitation period for unpaid amount of bills for which goods were supplied in 2005.Govt can recover its dues in 30 years. Whether this rule is applicable for dues recoverable from govt by a citizen or only 3 year is the limitation period.
Jeba
02 August 2015 at 10:22
I am a client, What is the time period to appeal against the judgement in municipal Court and what is the procedure lawyer need to follow for the appeal. After judgement we already lost 10 days. Please help me.
hemanshu
02 August 2015 at 08:46
1. My client has filed a suit for partition and cancellation of sale deed. suit filed in the year 2008
but in the suit all the coparcenary members of ancestral property were not made parties. only the father of plaintiff was made party in plaint (D1) and the person purchased the property was also made party in plaint (D2).
2. suit schedule property 4 acres is ancestral property (Hindu law)
3. Property being ancestral without consent and knowledge of plaintiff the father of plaintiff sold 1 acre to D2
4. In the year 2013 chief examination affidavit filed by plaintiff, plaintiff stated total ancestral property is 20 acres and his father was been gifted 4 acres by way of registered gift deed and also stated partitioned has taken place among his father and 4uncles.
5. Actually no partition has took place till now in meters and boundaries.
6. plaintiff was misguided, in the year 2013. To state as partition has taken place among his father and 4uncles.
7. In the year 2014 again chief examination affidavit was filed by the plaintiff, here plaintiff stated his father illegally married xyz without giving divorce to her legal wife (plaintiff mother), filed by attesting related proofs,
In 2014 plaintiff also stated by making fraud his uncles,his father and his grandfather, not to give ancestral share,
grand father executed illegal gift deed (without knowledge and consent of plaintiff) in favor of plaintiff father and plaintiff 4uncles.
8. In Hindu law at the time of partition all family members must be partitioned equally as per their share.
9. Grand father of plaintiff has expired in the year 2015 january.
Grand mother of plaintiff has expired in the year 2009 may.
10. now i want to file fresh suit in the same court and want to include, because, this all things to be put in front of the court, so that all the facts which ever is missing can be known.
a) 20acres property as suite schedule property
b) ancestral house as suite schedule property
c) add all coparcenary members as party in the plaint
d) father of plaintiff married illegally without giving divorce to her first wife and also attesting criminal case filed details.
e) grandfather of plaintiff has expired in the year January 2015
f) Ancestral property related documentary evidence from 1975
g)in prayer, Cancel all gift deeds executed by grandfather in favor of his sons.
h)in prayer, cancel sale deed executed by plaintiff father
i) in prayer , till now no partition has been taken place among coparcenary members.
my doubt is
A) after filing the new suit in the same court, can i request the court to club both the cases, because this is related with same property
B) actually speaking ancestral property is not partitioned among coparcenary members but in the year 2013 my client has stated partitioned took palace among his father and 4uncles , how do i cover this in the new plaint so that limitation period not to be counted.
c) If i go for amendment of the main plaint, filed in the year 2008, body of the plaint will change, if body of the plaint changes will court give the permission?
S Singh
02 August 2015 at 04:17
I had bought some shares of X company from its seller by paying him cash and got them transferred into my demat account vide an off-market shares transfer.
But subsequently the seller denied that he received any cash against the shares and lodged a false FIR against me for forgery of the Transfer Instruction for Delivery Slip which was filled by me and signed by him.
Thereupon the Senior Inspector of Police sent a letter to my Depository to keep freeze upon the said shares till the Judgment in the case comes.
The seller thereafter also filed a suit against me and my depository participant claiming forgery and fraud and for recovery of the said shares, its dividends, accretions and further compensation.
I have been made defendant no. 1 and the depository participant as defendant no. 2.
In that suit the Court had made an interim ex-parte order to the defendant no. 2 to maintain status-quo with respect to the said shares where neither me nor defendant no. 2 was present.
Thereafter the criminal court erroneously convicted me and in its Judgment sentenced me 3 yrs. imprisonment, fine of Rs. 4000 and also ordered me to return the said shares to the seller after the period of appeal is over.
I immediately within 30 days of the order filed the appeal which is till date pending.
Thereafter as the Senior Inspector of police had earlier sent letter for freezing the shares till the Judgment of the Court comes, and when it had come he again sent letter to my Depository stating its previous letter’s reference and that "the Magistrate had ordered the accused to handover the shares to the informant after the period of appeal is over." and now not to keep freeze upon those shares.
But surprisingly my Depository after receiving the said police's letter themselves calculated 60 days from the Judgment order and without taking my signature and authorization ordered my depository participant to unfreeze the said shares and transfer back to the seller’s demat account breaching my agreement with them and Court’s status-quo order.
The depository participant abided by that order and transferred the shares from my demat account to the seller’s demat account and closed my demat account.
Now when I ask my shares to be kept into my demat account or compensation, my depository participant and depository states that they shall not do so and that they are not liable but the seller with whom my dispute is pending is liable to delivery/compensate for the shares’ loss as they have given it to him.
I have come to know vide a Supreme Court Citation case, that I can’t claim anything with respect to the breach of Court’s status-quo order as it is only the plaintiff’s right to claim upon the breach as it was taken out by and for the plaintiff (seller) for his benefit and that only he can obtain remedy with respect to that. Also the seller is not taking any action with respect to this as he has benefited out of this.
The seller has alienated the said shares and I don't know in whose name he has transferred/sold but I know for sure that now I can’t ever recover those shares or its price from him as also he has not kept a single shares/penny in his name.
Firstly, Will it be viable if I file an independent suit against my depository participant and depository for breach of contract and to seek compensation or do I have to seek justice in the seller’s suit itself or where my criminal appeal is pending?
Secondly, Am I entitled to get the highest market price of the shares achieved between the breach date and the compensation realization date along with the accretions and dividends and further compensation for pain and suffering, etc? How much and from whom?
Thirdly, Will I have to wait for the ongoing cases Judgment in order to get compensation?
Fourthly, Is getting compensation dependent on my winning or losing the ongoing cases?
Fifthly, Any suggestion/remedy counsel may give shall be highly appreciated.
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Claim for ancestral property
is there a time limit to claim rights on Ancestral property?
is it barred by limitation act after some years?