Anonymous
24 June 2010 at 19:28
father had a son & daughter. both are married. father died intestate leaving behind him the site. after the death of father without the consent of the sister, brother got transferred the khata in his name. during the life time of sister, brother & mother have sold the site to third party. now sister is expired. whether, the sister's husband can claim the share over the property and whether the sister's husband can file a criminal case against the brother for having got transferred the khata in his name without the consent of the sister. please provide any rulings on this issue
Anonymous
11 June 2010 at 12:27
Hello Members,
I am advocate, I want to file an appeal against the National Commission’s order in Supreme Court, Kindly refer me a good and competitive advocate for Consumer matter practicing in Supreme Court…
where we have filled complaint under section 2 d (ii) of Consumer Protection Act, on the ground of consumer “as beneficiary of such services other than the person who hires the services for consideration paid”, Where An order has been passed in our favor from Dist. Consumer Forum the opposite party filled an appeal in state commission, where though legally all points were in our favor, but somehow state commission has issued order against us, while giving reason “the party in the suit cannot be said to be consumer”, due to new plea being taken up by the respondent’s lawyer. I cannot understand that the how state commission can issue such an order on the ground that we cannot be considered as a “consumer”, when the Dist. Consumer Forum has admitted our complain and after looking towards the fact has justified the matter in our favor?
Against which we have filed an appeal before the National Commission, where the National Commission has not looked into the fact of the matter, dismissed the appeal on its admission date itself, without looking towards the documentary proofs, citations & Legal aspects being taken up by us in the state commission. It just relied on the state commission’s order on only one point that “the party in the suit cannot be said to be consumer”. Then we filled review petition before the national commission again to get it justified again, but It was again dismissed by the commission with reason that “ petitioner seek to reargue the matter, which is not the scope of a review petition”.
Kindly Help Me...
Raghavendra P Hogade
09 June 2010 at 11:36
1st plaintiff borrowed loan from the bank by mortgaging the property of 2nd plaintiff. The 1st & 2nd defendants are the bank and the 3rd & 4th defendants are the guarantors for the loan transaction. Plaintiff defaulted to the bank. bank had filed a case before the DRT. DRT allowed the application of bank and issued the recovery certificate. now the plaintiff has filed a case before the civil judge (jr dn) seeking an injunction order from the court not to attach the 2nd plaintiff's property. the relief sought by the plaintiff is against the bank only and no relief is sought against the 3rd defendant, the guarantor. but the 3rd defendant has been arrayed as party in the injunction suit and there is an allegation against the 3rd defendant in the suit that he has colluded with the bank in the loan transaction. since the suit is for permanent injunction and the prayer sought for by the plaintiff is against the bank and since there is no relief is sought against the 3rd defendant, whether the 3rd defendant can file an application u/o 1 r 10(2) of CPC to delete him from the proceedings. Pl. provide me the case laws on this issue
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custody of the minor child
Good evening sir, I require your valuable suggestion on the following point husband & wife got divorced mutually during 1998. at that point of time, they had two years old daughter. wife did not claim the custody of the child and the child was given to the custody of the husband. in consideration of the child, wife demanded Rs.2,50,000/-which was paid by the husband and the visitation rights was given to the wife once in 15 days to visit the minor daughter. for 1 year from the date of court order, wife came & visited her minor daughter and thereafer stopped coming to see the child. now the child is 13 years old. now the wife has filed the case under Guardian's & Wards act claiming the custody of the child. the family court passed an interim order giving visitation rights to the wife every week sunday. only for 4 sundays wife came to see the child. but the child refused to go along with the mother. wife lodged a complaing against the husband in the police station. on one particular day, husband along with the daughter went to the police station and the husband informed the inspector if the child wishes to go along with his ex wife, he will not come in the way. but the wife did not turn up to the police station. both the husband & daughter gave voluntary statement before the police station. daughter gave the statement that she is not at all interested to see the face of the mother. now, the wife has filed a contempt application before the family court. during the hearing the family court judge has told the father that there is a supreme court judgement that the custodian should convince the minor children to go along with the parents and as to show how the father has convinced the minor daughter to go along with her mother. i want to know as to whether any supreme court judgement on the point that the minor daughter aged about 13 years old should not be sent forcibly along with the parents who seek custody ? Thanking you sir,