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Shital bafna   05 December 2018 at 05:02

Motor accident death claim of parents

In Cruel incident on fateful day on 18th may 2008 at Nasik in road Accident My Mom, Younger Sister and her husband as well only daughter of them expired on the spot. While elder sister & her husband(jijaji), & their two children ,one 4 year old son and 8&half year old daughter as well my father was got injured seriously and hospitalized out of which my Father and Sister died in hospital in span of month. And after that my niece and nephew( elder sister children) were in coma for longer period. As there Paternal grand mother and uncle did not come forward i have done all medical expenses and taken their care . Both were hospitalized around 9 to 10 months and were critical i have done around 6 to 7 lakhs expenses in 2008. After that in District i filed petition for guardianship of both minors against parental Grandmother. And as wanted Honorable district court Judge given me Guardianship of minors in respect of person while Grandmother has been given Property guardianship of only which i was denied . Grandmother file death claim of her son and Daughter in law at District court on behalf of both Minor children .District court settled claim after 6 years as below. 1) Death claim of Father of Minor: District court ordered 9 lakhs with three share two equal shares of both Minor Childern. Third Equal share of Grandmother of Childern 2) Death Claim of Mother of Minor:District court ordered8 Lakhs with two equal share of Minors. 3) Injured claim of both childern: District court ordered all amount in favour of childerns with giving some amount to other relative including me as a maternal uncle for the amount of medical expense done by me . Later insurance company appealed for detah claim only in High court.And Notice was given to Grand mother only on behalf of childern and herself. But she later applied for partail withdrwal for both death claims. Wrongly giving injustice high court given permission to withdraw 70% claim amount along with intrest till the case going on in High court. Here big error done was High court given 33.3 % share to Grandmother as well in both Minor's Mom claim while giving 33.3 % each to both childern. In same way high court given three equal share of 33.3 if Both minor childern's father claim. Clearlly stating both childern share deposited in FD. While Grandmother can have free cash of her share to her directlly. And she informed same to me later about this ,as childern staying with me as i am in person guardian for them. When i came to know it was shocking to me , how high court can make misake.,even when i informed childern, they got shocked as both are mature with 17 years minor girl & 15 year minor boy. Now i want to appear in high court against this decision appearing as in person gurdian and third party relative as i want all childern amount to be safelly with childern. As i taking all educational expense and all expense of childern and even i did not claimed those expenses as per district court order. My question here how wrong order of high court will be reversed in high court as case still open in high court? What should be remedy for this?

Anonymous   05 December 2018 at 04:51

Motor accident death claim of parents

Wronglly raised ,Wronglly raised.Wronglly Raised.

Anonymous   05 December 2018 at 00:03

Termination & no salary payment

In case of termination without warning & withhold of notice period salary. Alongside an illegal termination case in labour court, can a summary suite for salary recovery be also filed.

Illegal termination case with reference order in labour court and notice period salary recovery summary suite in civil court? Any comments, suggestions or reference, pls provide.

Sk Rajjak Hossain   04 December 2018 at 23:48

Process details required

Dear Experts,

Kindly share the process details of Exparty hearing on Gurdian and Ward Act (child custody) where OP not attend in court on date post received the S/R.
Case filles- S/R issued -----------

Member (Account Deleted)   04 December 2018 at 22:46

Slp

1. do i need to get permission letter frm high court for filing slp in supreme?
2. i have high curt decree downloaded from online. will that suffice to file slp? Or do I need to apply CA to get from High court with court stamp?

RK   04 December 2018 at 21:52

About documents

sir
can we mark the defendants documents filed along with written statement in the plaintiff chief affidavit is it possible sir.

Kavitha Balan   04 December 2018 at 21:42

Gurgaon court - private petition

I am from TN. I was cheated by my ex bf. He deserted me and cheated in the name of love, misused me. And I had filed an FIR on him and his relatives who are responsible for my issue, in TN lower court through 156(3). The respondant is wealthy in political and has gained police power biased to them. I got transferred to Gurgaon. That came as an added advantage to them and they have quashed the FIR with Madras High court for respondants' relatives only. Since I am transferred I didnt receive any notice, neither police informed me, though I repeatedly kept calling them asking the status of charge sheet. With this they have closed the FIR as MF.
Query:
Since I am transferred, I cannot go back to chennai to reopen this case. As it is already closed, I dont think I can reopen / transfer here as well. Fed up of dragging behind every police station to file CSR then FIR then charge sheet.). Plus since we had affair in TN, (Place of occurance), I want to know
1. Want to file a private complaint on them in Gurgaon COurt without going to police station. WIll my petition be taken or rejected for the above mentioned reasons?

Mervyn Vivek   04 December 2018 at 20:15

Practice law

Dear sir ,


I applied for temporary enrolment and got my enrolment number and have to write the bar exam to convert it into permanent enrolment number. My query is whether I am eligible to issue pre suit notice and draft various legal documents with my temporary registration?

Anonymous   04 December 2018 at 17:45

Sale of property.

Respected Sir/ Madam
I had advised my brother-in-law to purchased a property measuring 30x40 adjoining my site in the year 2009 the rate was 960000/- + cost of registration. There was an agreement to pay the full amount within a stipulated time set by the seller, The initial part payment of 4.60 lacs was paid by my BIL and unfortunately due to recession he could not make the balance payment and wanted a refund, since the seller was reluctant to repay the amount paid , I picthed in to pay the balance 4.60lacs and be a 50 % owner of the property. This was very much acceptable to my BIL after which i got the property registered in my name with full consent of my BIL i paid for the registration and got it registered in my name and since then paying the property tax / katha etc. . From 2009 till date i enjoy the usage of the property as its adjoining my house and now its an extended compound.

Now my BIL has been brain washed to get the hold of the property as there is no proof that the 2nd half belongs to him. He approached me asking me to either sell the property and pay him the amount which is close of 20lacs as on date market value or to register his portion on his name. I could feel he fears I may cheat him.

My question is
1.If i have to register the site in his name would there be a cost/ commercial transaction ? how do i show the transaction
2.Can I do a gift deed in favour of him or my sister (his wife) would that attract any charges like registration or anyother .

3. Will i be liable to pay long term capital gains for the profit made out of this deal.

4. what would be the best option to dispose the property.

My intention is not to cheat him at all.

kindly guide .

Garima Randhawa   04 December 2018 at 17:11

Discharge application

Discharge application was filed before the magistrate court U/s 239 crpc and the same was rejected by the magistrate.
What should be the next step ?? Should one file revision application? If yes then should it be filed before sessions court or high court?? Because under crpc if one appellate court exercises powers of revision then the other cannot. So if I file revision before sessions court then would I be able to approach high court ??
Can I file appeal before sessions court if yes under which section ??