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Queries Participated

tarun   04 March 2009 at 20:53

EXECUTION IN MOTOR ACCIDENT AWARDS

DEAR LAWYER CLUB MEMBERS ,
HERE IS A PECULIAR SITUATION with one of my clients ..may be u can help me find some solution :-
In year 2000 Mr. A died in a road accident laeving behing his widow and three minor childre, 11, 9 and 7 years . Wife filed a CLAIM in M.A.C.Tribunal AND IN 2005 an award of Rs. 9 lac passed . Widow get around 4.5 lacs ,to be deposited in FDR for 5 years ,rest distributed in children.
in 2003 she received a notice from another MACT court whereby she came to know that one "B" was died IN 1999 in a road accident by the vehicle belonging to A,DRIVEN BY DRIVER OF A , .she appeared through his counsel but the counsel did not cared and the court impleaded her as legal heir of the respondent AND PASSED an award of Rs. 5 lacs , as the vehicle was not insured at the time of Accident.
i entered at the stage ofExecution , filed my objections but ,court rejected , i approached High court ,which stayed the execution but instructed me to deposit the amount in installments ..so far i have deposited arnd 2.5 lacs , now the widow has no money to deposit , she has a residential house in her name before the institution of these cases. suggest how to save her from this execution.

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shantilal k. patel   26 August 2008 at 14:38

Writ Petiton

What us writ petition?

In what circumstances it is filed?

Where it is filed?

Can any friend explain with examples?

S.K.PATEL

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Ambika.S   28 July 2008 at 16:31

arbitration and concilliation

There is a contract between X & Y and in the term of contract there is a clause for arbitration. The said clause states that in the event of differences either parties to the contract may call for arbitration and both parties are bound to sit for arbitration and a venue is fixed. The place of contract is different and the place of arbitration is outside the jurisdiction of the parties to contract. For example the place of contract is Bangalore and the place of arbitration is Mangalore.
The parties to the contract had difference of opinion. Both parties were not aware that place of arbitration place was typographical error.
In such a circumstances whether either one party oppose for sitting for arbitration in a place different jurisdiction?

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Ambika.S   25 July 2008 at 20:05

exparte-divorce-conjgal rights

what is the effect of setting aside an exparte order of divorce petition?

The husband had filed a petition under section 13[1a] of Hindu Marriage Act. The wife did not appear before the Court and though due notice was served a paper publication was taken for the same. The wife remained absent and the Hon'ble Family Court allowed the husband's petition.
The wife filed a miscellaneous petition and set-aside the exparte order. The wife filed one more petition for conjgal rights and in that petition the husband remained exparte. It was allowed.
Presently, the husband has filed a miscellaneous petition to set-aside the exparte congjal rights.
The issue here is the status of the spouse and the litigation is for 10 years.

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bindia   25 July 2008 at 10:37

couple or not?

if a man & a woman lives together for a long period of 10/20/30 years without getting married i.e. cohabiting & have children also out of that cohabitation, can after a long period of time they be given the status of husband and wife?

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