kumar
08 June 2014 at 10:56
I filed appeal in district court against the order of lower court now I have to file stay petition pl, mention u/s order by which I have to file stay petition
Bab
07 June 2014 at 22:20
Dear Sir/Madam,
In my 10th class certificate, my date of birth wrongly mentioned including month and year.
I have birth certificate from hospital where i was born and the same was also mentioned in municipality records.
Now after 18 years, how i can change my date of birth.At that time we didn't show interest to change my date of birth.
False date of birth was mentioned in my passport,PAN.
Request you Pl provide me your valuable suggetions.
Regards,
amol
07 June 2014 at 11:59
Hello Sirs I am Advocate Amol Joshi
My question is as under
here was partnership firm --- two partners --- partnership firm --entered into Loan agreement with Abhuday Co Op Bank in 2005 ---the same was signed by one partner ---other partner after few years prosecuted in 2009 and was in jail an released in 2013.
during mid of 2009 one partner who has signed could not pay the EMI and int so bank initiated arbitration proceedings before sole arbitrator u/s 84 of Multi state co op so against the partnership firm their partners and guarantors --- Award was passed ---- then execution application is pending for executing the award since 2010. it is a fact that the other partner who was in jail he was not served with the copy of the notice of proceedings u/s 84 nor he was served with the copy of award so he was deprived from defending the proceedings and he is also undergoing with execution proceedings at present in a Dist Court Thane
now the Question is :-
Can the other partner independently being a person of partnership firm and in view of Sec 19 (2) of the Partnership Act file an application u/s 34 of Arbitration & Con Act and challenge the award on the ground that he was not served with the copy of notice and award and as he do not accept the award
or
Can he record his objections under order 21 Rule 50 (2) and or (3) CPC in execution proceedings saying that that award itself is not binding on him as he was not served with notice and award
please guide how to challenge the aforesaid award or execution by the other partner who was in jail at the time when the award was passed without serving him the copy of notice of proceedings and giving opportunity of defending the arbitration proceeding.
please also mention the case laws if you have in your knowledge. thanks
Ramesh
07 June 2014 at 11:22
if a 10 yrs old registered WILL can challenged in court then what is the use of write a WILL
sudhirghabasu
06 June 2014 at 21:45
Sir, I am advocate sudhir. A deceased person had written a settlement deed on his grandchildren. As per the deed he had settled the property on his grandsons (2). In the deed there is a clause that the 2 grandsons shall perform the marriage of his granddaughter out of the income from the house property. All the three of them were minor at the time of execution of the deed. Subsequently the settlor passed way. All the 3 of them become major. But, the two male settlees never performed the marriage of their sister. She got married out of her own income, in very simple manner, from her own savings which she earned by doing tailoring work from her 14 years of age. The marriage was held 17 years before. Now there is a dispute within the family therefore we issued notice to the male members to partition the property on 10.05.2014 . From their reply we came to know about the settlement deed. We got a copy from the SRO it is true that the property is settled on the grandsons with a clause /obligation upon the settlees to perform the marriage of their sister. They had not perform the marriage of thier sister. I am appearing for the pathetic woman. This is a legal aid case. Can file a partition suit and challenge the deed. If not what is the other remedy. They had not perform the marriage of thier sister. What prayer I can chose to help the woman. Sudhir advocate District legal services authority.
raghavendra
06 June 2014 at 17:14
sir,
i have filed application under order 32 rule 4 of civil procedure code along with partition suit.
my sister is expired and her daughter is mentaly retired father is not taking care of her since from the birth mentaly retired girl is staying with me i am taking care of her,
now i am a plaintiff no 1 AND menataly retired lady aged about 32 years is plaintiff no - 2, can court appoint me as guradian of plaintiff no-2, if my application is rejected how i can be a guardian to plaintiff no-2.
thanking you
Gajendran
06 June 2014 at 17:11
Mr.X appointed to Govt. Service on compassionate grounds in the capacity of ‘D’ group in Education Department. His date of Joining is 08-06-2002. As he is illiterate during appointment Mr.X produced an affidavit as a proof for the date of Birth. (Date of Birth is 12-04-1965)
Mr.Y, the neighbor of Mr.X has complained to the Department of Education that Mr.X has produced a false date of Birth while joining to the service. And Mr.X is due to retire by 30-06-2014.
The disciplinary authority has initiated for inquiry & has appointed presenting & inquiry officer.
In this connection the following clarifications have been sought.
1. As soon as the complaint received by Mr.Y the disciplinary authority has issued a notice to Mr.X stating the nature of Punishment. Is this a legal one?
2. The disciplinary authority has framed a charge sheet i.e., Annexure 1 to 4. Is there is any provision to frame additional charge sheet on Accused Government servant?
3. Can a Non-Gazetted official be appointed as Presenting officer or Inquiry officer?
4. Can Accused Government servant appoint a lawyer for aurguments?
5. In this regard Mr.Y has produced the extract of Admission register as proof of evidence. Can extract of Admission register be taken as a proof?
RITESH KUMAR
06 June 2014 at 16:30
Hello Sir/Mam
I am Ritesh Kumar, I am a Fresher graduate.
I have my one brother,mother but My father is not still alive.
My father has some personal lands and a home.
i want to do MBA so i asked to my mother to give me the fee for my
higher studies but se denied and told me that she never gave me money
(fee) after that i told to her that she gave me to my shares (father's
Property) but she again denied and said that she never give me a
little part of my shares and also my brother threatened me to kill if
i ask for my shares.
is there any rights for me to take my shares from them.
and the shares will be distributed between how many members.
please give your proper attention on me.please suggest me what can i do.
Email-ritesh.bgp73@gmail.com
Mohil
06 June 2014 at 15:21
I want to know my case status in high court....but the website asks for category of case i think it's civil ...but there are many different codes which one to select?
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Civil suit
In civil court to make /file I.A application should I affix rs.1
or rs.2 stamp as court fees.