jitender pawaria
06 August 2012 at 10:22
R/Sir,
with due respect i want to know one thing a lady file application under section 125 in district court and the same is allow the maintenance of \ Rs. 2000/- per month and she not went into appeal against the order of Ld. Court which was passed on application under section 125. later on her husband filed divorce petition which is dismissed by the District Court then husband went into appeal before the Hon`ble High Court there wife filed her reply along with application under Sec.24 and Hon`ble High Court fixed the maintenance Rs. 5000/- per month. her husband is a junior advocate and enrolled as a advocate in 2009 and practicing in district court.
Now my query is that can wife entitle get maintenance under section 24 when her maintenance already become final under section 125.
A male child is in custody of his father and husband have responsibility of his old mother and father. no other alternate source of income with husband.
if any rulling of Hon`ble S.C on this point pls submit the same.
jitender pawaria
23 January 2012 at 19:49
R/Sir,
District consumer forum pass an order in my favour. respondent went in state commission, state commission also dismissed the appeal of respondent. after that i file an execution before the District Forum but District Forum not execute the same order. even after attached the property of j.d.
please suggest me what should i do though proper legal process. or where i file complaint against the president and member of the District Consumer Forum. execution is pending since 2002.
sudhirghabasu
28 November 2011 at 23:06
sirs,please make me clear of the provisions regarding sec.47 of the C.P.C. How and when sec. 47 can be Invoked and what are the parameters in invoking sec.47 before the execution court. i need a clear understanding of the provision for a academical purpose. Whether fresh issues can be raised in e.p. u/s 47,if yes under what circumstances. we had filed a suit for injunction the suit was decreed against us, now we are in possession of the property, the defendant/dh had filed a e.p., Now can we ask for a partition indirectly by raising certain fresh issues u/s 47 guide me in this regard with certain case laws. thanking you.
Anonymous
28 November 2011 at 21:56
Dear All,
I have a peculiar situation at hand. I won a consumer forum case and the Opposite Party (OP) filed an appeal in the State Commission.
This appeal got rejected and the OP is willing to pay the compensation.
Problem:
1) The case was of a defective camera which was deposited by me to their service centre. This camera is till date with the OP. I have a service job sheet.
2) The OP has requested me to hand over the original job sheet so that he can make the payment of the claim.
Question:
1) Should I hand over the job sheet to the OP?
Your help will be greatly appreciated.
Anonymous
26 November 2011 at 18:45
My self is Rohit verma. MY marriage is took place on 14/5/2008 acording to Hindu rites by the way of phere. That after the marriage as husband and wife we cohabiting together. The son born out on 2/04/2009. from the very begning of the marriage my wife is not happy in a joint family and she started to pressurized me to live and dine separately from my parents and she started maltreating and misbehaving with my parents oncertain occasions and started quarreling with me with very petty things. My wife is dancing is dancing on the fingertips of her mother and the mother of my wife is interfere in the matrimonial affairs of our life. On 21/07/2009 she left the minor child at home and started residing at their parental home. I along with some respectable persons bring back on my home. But she did not mould her behavior. Meanwhile, after one year my father take my wife with him. And did not send him back till the date. Please suggest me 1) what I do. Somebody guide me to file section 9. After that 2) Can they file any case on me? 3) She is doing govt job can she claim for maintenance ?
AAK
23 November 2011 at 17:23
Dear Experts
My client is a X company. I have sent notice to Y company demanding claim of Rs.2 lacs. The acknowlegement returned unserved. Now very recenlty from news paper it came to know that one Bank has seized [throgh DRT] the property of Y company and there is auction sale of the properties of the Y company on 05-12-2011. Now what is the remedy available to X company for recovery of amount? whether company petition for winding-up is to be filed? is it going to serve purpose?
Thanks in advance.
TIRTHA MONDAL
09 November 2011 at 15:24
In my deed,the quantity of my purchased land depicted as "25.6 decimal or 11,319sq.ft or 0.0259 of-on-acres".All the data are correct,but the data "0.0259 of-on-acres" is wrongly depicted where it would be "0.259 of-on-acres".Now,what step should I take?The District Sub-Registrar(D.S.R) is not willing to rectify this clerical mistake and talking that as my purchased land was recorded as 0.0259 acre,for registering 0.259 acres,I have to give again the Land Registration Stump duty about Rs.50,000 where I had given the full stump-duty of Rs.65,200/ and the total cost of land registration was 1 lakh and 5 thousand rupees against the land valuation of Rs.10,85,000/. what is the step of deed rectification?
Anonymous
05 November 2011 at 18:17
SIR, SUPPOSE I HAVE AN AGRICULTURAL LAND OF 12000 FT BUT I HAVE TO SELL ON PARTS IT MEANS 2000 FT. FOR NURSING PURPOSE. SO I MADE ROAD ON IT. SO, IT COMES UNDER WHICH CATEGORY EITHER AGRICULTURAL ACTIVITIES OR COMMERCIAL ACTIVITIES
jitender pawaria
21 October 2011 at 21:22
R/Sir,
One Mr. A execute a will for his ancestral property and self acquired property. he have four sons and one daughter. according to the will he gave his ancestral property to his three sons and he gave his self acquired property to his 4th son`s wife and she was also put their signature on the will at the time of execution of will. his remaining three sons dn`t know about the will. after the death of Mr. A his 4th son (whose wife getting the share) got mutation in his favor along with his three brother in equal share and sold the land and his wife executed the sale deed in his favour which she got through the will and Mr. A nothing giving to his 4th son and daughter according to the will. will was executed by Mr. A in 1977 and he died in 1979.
after that his 4th son and daughter sold land from ancestral property which Mr. A gave is three sons.
now my question is that can his 4th son and daughter have right in ancestral property because he nothing given to both of them.
4th son of Mr. A addmitted the will.
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Forged sale deed
Res. Members,
One A executed unregistered agreement to sale with B of factory cum House for a sale considration of Rs.26 lacs and Rs.4 lacs paid on the same day against proper receipt on 1.03.2002 and 05.03.2002 was fixed for execution of sale deed. on 1.03.2003 B issued a legal notice to A on the grounds that the land in question under compulsory acquisition, you not obtain CLU from concerned department and many others said notice received by A on 03.03.2002 two days before execution of sale deed. after that A contact to B and B take thumb impression of A on some blank paper/stamps on the pretext that he filed the objections against the Acquisition for relesing the land and apply for CLU to concerned department. till 2006 B keep the A under darkness. there after in the year 2006 A came to know that B by using those paper/stamps get registered sale deed in his favour for sale considrtion of Rs.4 lacs and B also execute a receipt which show that his son purchased the malba standing over the suit property of Rs. 20 lacs and his son paid entire 20 lacs in cash to A . Till 2006 continue A is in possession of the suit property. After the filling the suit A came to know that B transfer the land to C who is business partner of B.
C file application for impleading him party in the suit as a subsequent purchaser which was allowed by the Ld. Court and after two and three dates he proceeds ex-parte and appear in evidence of B.
Attesting witness also close relative of B which was admitted by them in their cross examinations.
Respected members
Now my queries that after issuing the Notice U/s 4 of L.A.Act can sub-registrar allow the sale before passing the Award.
Can Such a huge amount as plead by them paid in cash which was admitted by him that in his annual income return not showing those amount by him.
can B have right to contest case after selling the property prior to institution of present suit and most important he pleaded he was owner in possession and he sale the land to C before the date of filling W.S.
is it valid that B claim that his son purchase the malba from A and son of B said that no seprate agreement for Malba between me and A.
in the sale deed no where mentioned about the agreement and sale deed on much less amount as compare to agreement.
Plz guide me law points on the above said circumstances which are help me.