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Shyam praveen   26 August 2014 at 12:08

Share of property

government took my grandfather's property in land acquisition and passed award amount which was released in my father and his brother's names as they are his sons.I am major and married against wishes of my parents.My father died prior to my marriage.Now I want my share in the award amount as it was the property of my grand father and as a granddaughter I have my share.
Now for the share in the award amount that is in the hands of my mother which court should I approach? should I file OP or OS?ACCORDING TO WHICH PROVISION OF LAW?Please advise. . . .

VINOD KUMAR JOSHI   26 August 2014 at 07:42

claim settlement not done by national insurance co.



Dear Sir

Insurance co, has rejected my claim by saying that the claim amount is exceed its limit, but my insurance claim amount is less than sum assured. please guide me
regards
vinod k. joshi

Balaji Bakthavathsal   25 August 2014 at 22:17

Specific performance relief

Dear Learned Advocates,
Here is a confusion over the Specific Performance Relief and I request you to share your views.

A fraudster executed Power of Attorney on our ancestral house which is in our possession and occupation till date. The fraudulent power agent made a Sale Agreement and registered the same with the Registration Department. In the meanwhile, the executor of the GPA cancelled the GPA. Knowing the cancellation of the GPA, the power agent, with the help of a notorious lawyer filed a suit in the District Court under the Specific Performance Relief, the suit being filed by the buyers saying that the seller (Power Agent) is not coming forward to register the Sale Deed though they are ready to pay the balance amount.
Very cleverly, on the very first day of hearing, they submit a petition to the court saying that they have reached a compromise and wish to transfer the case to Lok Adalat. The district court too permitted and in the Lok Adalat they got an award and showing the award to the local registration office, they registered the Sale Deed.
I filed a suit in the Honourable High Court of Madras seeking to quash the Lok Adalat.
I was told that A stranger to an agreement of sale cannot challenge the Specific Performance Relief but the Supreme Court in one of its order has overruled it.

Can anyone throw more light on it ?

Thanks & Regards
Balaji

armaan kapoor   25 August 2014 at 22:01

Pls help

Der experts,

If the main witness in a civil a well as criminal proceeding expires what are it's advantages and disadvantages.
Pls help

pushpakrishna   25 August 2014 at 17:11

Arbitration cluse

dear experts,
a company Regd.Office at Bombay. collected the amount from the public to higher interest .latter on the date of maturity company did not paid.but a land is there at our place SAY Hyderabad.when we filed a case for recovery of the amount along with an application for an attachment before judgement of the land to the court returned the suit with an objections 1)there is a clause in the back side of the receipt subject to the courts Bombay jurisdiction 2)there is a clause when there is dispute between the parties the matter should be referred to an arbitrator. how the suit is maintainable? dear Experts Section 9 of the CPC clearly stating where there is right there is remedy and notices sent to the company and it's managing directer returned stating Left.and also as per as my knowledge is concerned any clause which oppose the public policy is illegal.here notice returned Stating LEFT. then whom to consult to appoint an arbitrator. in the mean time the company may dispose the land secretly . many investors invested in the company to the tune of 20,00,000/- in our area and cheated .kindly give the suitable advice on the above.Thank you sir in advance.

prakash   25 August 2014 at 16:26

Money not returned

dear sir my father is a senior most retdd govt official and now a senior citizen. he planned to buy a large land with his entire retirement amount amounting to 70 lakh with gratuity EL anf GPF amount.he gave 50 lakh to the broker for the same and the broker used 15 lakh from the amount for his personnel needs. finally we had to pay to the owner of the land the 15lakh amount which the broker had used for his personnel needs. we paid directly to the owner 15lakh and enterned into an agreement with the broker to recieve the 15lakh. the broker has given in writing the amount recieved by him i.e 15 lakh and also the loan agreement to return the same after six months.since the time frame has passed now the broker is running away hiding changing sim card and hard to find him in his house. always running. please help what to do to recover the same from him . Since because of the shock of the same my father has gone into depression. please help

M Satyanarayana   25 August 2014 at 15:51

Mesne profit not prayed in plaint but court granted

Sir,

I filed partition suit against my sister for 2/3rd share. While filing the suit in the plaint I have never claimed any mesne profit but asked court for partition of the property and “to any other relief.” My suit was dismissed in the lower court and I appealed to Higher Court. The Hon’ble High Court was pleased to grant me past mesne profits and future mesne profit till final decree and passed preliminary decree.” Now for claiming the mesne profit in final decree whether I have to amend the plaint and partition suit while claiming mesne profit in the final decree.

Please clarify the correct position in Partition suit.

Thanking your,

MSN

shrikant   25 August 2014 at 14:45

Not mentiong suspension preriod as duty

Respected Sirs,
One employee suspended for misbehaviour with other employee .The enquiry completed after that competant authority held up his 5 increments but revoke his suspension but forget to mention in suspenssion revocation order regarding whether suspenssion period treated as a duty period or not.this is order is passed in 2007. After his retirement Employer pass the order regarding treat suspenssion period as punishment then employee raise griviance regarding treat suspenssion period as duty period before councillation
Officer Under IDA 1947.what is the effect of not mentiong about suspenssion period & Mentioning it after retirement of employee ?Thanks in Advance

Member (Account Deleted)   25 August 2014 at 13:39

False domestic violance by wife


Dear Sir,

I have been a victim of domestic violence of all false allegations by my wife towards me, my widow mother, my brother which has started since May-June 2012. Off-late (28th May) she has got custody of shared house hold by virtue of a execution order all of a sudden and by help of Policemen and court people, she broke all the lock and keys of my native house, got custody where nobody stays and suddenly vanishes out of town. This has happened on 28/05/2014. She has also got interim monthly maintenance of Rs 15,000/-

We challenged orders of lower court in Session for quashing all allegations as I was not served with any summon/notice ever. Judge admitted appeal on 05/08/14 and since then we did not get any stay as such and date over date. Judge called Protection Officer as asked whether I was sent any summon to the address before disposal of case. PO herself told that I don't know but my mother (Respondent no 2) has communicated over phone. Actually 3 summons were sent. 1 was duly served to my widow mother, rest 2(me and my brother) were returned as my mother told that she does not have any connection with her children.



We are all very innocent and very tensed at this moment as we don't know what is going to happen in next date.

Kindly help if we are on right track. Also please help what is effective way of servicing summons on respondents? How can we set aside all the orders. Wife herself wrote in petition that I stay in some other place and work somewhere. Whether the summons served by pasting notice in my native home will have any effect? My father died in Apr'2012 without a will. Is she eligible for a shared house hold in the same house? How can the maintenance and welfare of parents and senior citizens bill 2007 will come into effect.



She desperately wants money and property. So greedy and inhuman are they. For your kind inputs we were married on 09.03.2008 and she hardly had conjugal life of 45 days with me. Meanwhile my father during his livelihood done 2 GD one in 2009 and another in 2010 that she has not returned back despite our valiant efforts and took all gold jewellery along with her.

Already hearing is done in District Court. Still judge is taking time to give order. No stay granted as of now.

Looking forward to your expert advice please.



thank you

Suman

anupam sharma   25 August 2014 at 11:08

Case dismissed owing to fault of counsel

In a case before Civil Court relating to service matter (payment of increment and promotion issues etc.), the evidence of Plaintiff/Appellant was closed by his counsels without the consent and wish of the Plaintiff/Appellant and consequently, Plaintiff/Appellant was not allowed to lead relevant evidence crucial for his case. It is pertinent to mention here that the Counsels engaged by the Plaintiff/Appellant did not appear on three consecutive dates and owing to the fact that the Advocates of Plaintiff/Appellant refused to represent the Plaintiff/Appellant in the, said legal proceedings before The Additional Civil Judge (Senior Division) were dismissed Under Order 17 Rule 3 CPC .
However, the absence of counsel is on record but in final order it is recorded that plaintiff did not avail legal aid counsel while the plaintiff being an old person did not really know the formalities and concept of legal aid and no one in court explained him so. Does an appeal lie against the order dismissing the plaint on technical ground only? What remedy is with the plaintiff. Should he file complaint in Bar council against erring advocates?