Anonymous
08 December 2009 at 16:42
The HUF partition has taken place in 1957, for some of the HUF propeties. However some properties were in the name of all the three brothers ( who have a partition deed in 1957) upto 1993.The property card shows the name of three brothers. In such a case can we say that the partition deed executed in 1957 is not acceptable and all the propert including the divided earlier is the property of HUF. Pl explain . If any cited case is there pl give the details
chandrashekharshah
08 December 2009 at 15:53
Dear Sir,
Deceased (Owner of Goods) was trevelling in truck died in accident. What documents and evidences must be led before the tribunal by the legal heirs (Claimants) of the deceased to prove that they are entitled to claim from Insurance Company?
Anonymous
08 December 2009 at 12:54
Respected experts,
I have filed a petition in a S.L.P. before Supreme Court of India and the same was coming for hearing on 4rh December. On that day after hearing the court has ordered as here under:-
"Post the application along with the appeal for hearing during summer vacation,2010".
1. So how can I know at what date the case will come for hearing during vacation period.
2. Shall i made an application for early hearing at this movement, as I want to close the issue at an earliest.
Anonymous
08 December 2009 at 01:32
Respected experts,
One of my neighbor while constructing encroached around 400sqft of my land in 1997. We approached the Police but they failed to stop him. So, we prayed for Cr.P.C. 144 at the Hon’ble SDM court, and it invoked. But they didn’t obey the order and continued with the construction. We approached Police again, but police again failed to stop them and only given report u/s 188 Cr.P.C. that opposite party has done construction during the period of section 144 of Cr.P.C. and asked us to file a criminal case. Since my retired father was here that time, he failed/unable to take this pain (he has a fear of court and also prefer losing land than to go to the court). Section 144 Of Cr.P.C. got converted into Section 145 of Cr.P.C and we prayed for the ejection of the encroachment. Suddenly a new development took place which is that the same neighbor lost his entire land in a money suit at Hon’ble Patna High Court to a third party in 1998(case was going on since 1974 between them, where the neighbor had lost everywhere), but the neighbor appealed to Hon’ble Supreme Court. In view of this development our lawyer suggested us to wait for the final judgment between them. His plea was that, if this neighbor loses there also, then he will be out of the scene and our problem will solved and if he wins then we will reopen/restore this case later. We attended till 1999 and after that we stopped putting attendance. The opposite party too stopped attending. So, in 2003 the Hon’ble Magistrate closed the case by writing remark that since no body is taking interest since a long period. Now the neighbor case is undecided and going on, also he creating a lot of nuisance. Now the local lawyers are saying that to file a civil suit for title and recovery of possession otherwise the neighbor will get the advantage of adverse law of possession. Now what should I do? Will the limitation comes in a way for fresh civil (Title) suit or shall we file application to restore the old case? What is the use rather significance of the report u/s 188 Cr.P.C which is in my favor? Also shall I wait for the judgement (between them) of Hon'ble Supreme Court, since if the erring neighbor loses there, my problem will be solved. Pls. advice. Thanks to all.
Regarding the reply I want to say that,
In a plot I have got 0.25 acre and my neighbor owns 0.08 acres. The suit which is pending before hon’ble supreme is not between us, it is between erring neighbor and a third party on different matter (specific performance of contract) since 1974 for the entire land of 0.08. If my neighbor loses there means third party will become my new neighbor, who is not litigant. Other thing is that Patna High Court has not made any order regarding my land or my problem. How come I become party at Supreme Court?
joyce
07 December 2009 at 21:10
Can a LCI experts issue me a leading S C rulings as to the point of jurisdiction of court in entertainig mvc case; where there is "no jurisdiction" but court trys the petition and orders compensation- aganist this, i need rulings very urgent.....plz Thanks in advance and regards to all members visited.
Anonymous
07 December 2009 at 17:51
A Homepathy doctor had been treated me for near abt 3 years for skin dieses. Sevaral times I made request him that, if he is not able to quer my dieses then tell me frankly to enable me to for anther doctor. His consulting fees for every 15 days is Rs.120/- Every time he has made falls commitment & assured that he will give me proper treatment to quer the dieses but till the date there is no improvement.
Neither written prescription nor payment receipt is availabel with me. All history and regular development have been noted but record is available with him.
In this case can I go for legal action/ proceeding against Doctor and How?
Pls guide me.
barun deka
06 December 2009 at 15:41
plaintiffs are claiming a portion of the defendant's land to be a path and that the latter has recently raised a wall to obstruct the path. however the defendants plead that there is no path and the wall has been there since long. now can the court pass an order of interlocutory mandatory injunction to break the wall when the title suit is still pending?
Anonymous
06 December 2009 at 14:49
I am holding Agreement of sale on Rs.100/- stamp paper, to buy a House Property consisting of ground + First floor, delivery of possession not given.(1st March. 2003)
I am having receipts for the payments made on different dates and no objection letter from the vendor's children, for selling the property to me. Further i have cheques of the vendor in favour of Municipal corporation and electricity department, leaving the amount and date blank duly signed by the vendor and his wife respectively. I am also holding a letter issued by the vendor dated 6th march, 2004 for part performance of the agreement for delivery of possession.
Also holding another document called Declaration executed on 17th April, 2005,on Rs.100/- stamp paper, wherein vendor stated that he was in receipt of payments as per receipts and agreed that he has delivered possession of the ground floor.
This vendor avoided registration, hence filed specific performance case.
When avoided registration, I have issued legal notice to the vendor to register the property in my favour and also deliver the first floor portion and link documents. Since he refused to receive the legal notice, i have filed this specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark these documents, Hon'ble Judge is asking to pay stamp duty as required for registration, with penalty to mark this two said documents.
According to us we have to pay stamp duty for registration at the time we get decree and get the property registered through the court and it is not necessary to pay stamp duty at this stage to mark these documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention? Is our stand is correct???
Please give your opinion and information at the earliest - a bit urgent. Please...
suresh jakhotiya
06 December 2009 at 13:47
Dear Sirs
If the member dies then the EPF/PPF is not attachable from its nominee sec 10(2) of act.Then why should it be attachable if the member is alive & withdraws the EPF/PPF and is able to prove that this is from that a/c on his retirement after 60 years of age.
Pl. enlighten
Regards
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Re: Owner of Goods
Dear Sir,
Deceased was trevelling as a Owner of Goods in truck died in accident. What documents and evidences must be led before the tribunal by the legal heirs (Claimants) of the deceased to prove that deceased was a Owner of Goods and not a gratituous passenger in the truck?
Your advise is solicited.