Anonymous
12 June 2010 at 13:14
Respected Experts,
In a judgment of title suit it is written that “ Animus and Corpus is in favour of plaintiff”. So here what does “Animus and Corpus “ means and what is it’s legal significance?
Thanks to all
Dear Sir
An accsued was arrested u/s. 420 IPC and banning act, now he was in jail.
in this time cheque bounced in another case, legal notice sent to prison address notice served, now
case filed u/s 138 of NI act , sworn taken, the magistrate refused to send summon to prison address. ( he won't to accept Cr.P.C 267, Rule 15 of criminal Rules of Practice, 144 of NI act).
in this situation , How to send summon ?
dev
12 June 2010 at 13:00
Any One can reply urgetly
Dear Sir,
I had given my res.plot for on rent @1500/-pm for the period of 4 month to put construction material and he has make temp.shed to put the material we make contract and notrised but he has not paid rent therefore i had given legal notice and break contract. in contract clearly mentiond that contract will be particular period thereafter he will return with clean plot if not, then i will be remove temp.construction after given 2 notice he has not remove the shed...now what i have to do...? can i remove shed..? i have to make police complain or not...bcz.i had clearly mentioned that i will be remove after particular period...
please replay
Anonymous
12 June 2010 at 12:38
Hi
My mother and her sister had inherited agriculture land from their parents.
The land was jointly owned by my mother and aunt.
My aunt passed away in 2007. She has 2 sons and a daughter.
My mother had 3 sons. Her elder 2 sons are dead. Elder son had two marriages ( both his widows are living). He had one son & 2 daughters from first legal marriage and one son from his second wife whom he married without divorcing his first wife.
My mother's second son has 3 daughters.
Both my brothers had strained relations with their wives and lived separately from their wives.
However my elder brother lived with his second wife till his death.
My mother decided to legally transfer her share of land to me i.e her third son saying that since I was taking good care of her she wanted to register the land in my favour by paying the required fees. The deed was executed in the office of sub registrar and mutations done in my favour in Oct 2009.
Unfortunately my mother expired last month i.e about 7 months after she executed deed in my favour.
Now, one month after my mother's death wives of my two brothers and their seven children have slapped a case against me and aunts children challenging that since the property was undevided between two sisters, my mother had no right to register the property in the name of one son only and should have been divided among her three sons.
It is important to mention here that share of my aunt ( now dead) is still in her name and has to be divided among her 3 children. Hooever, all her three children have been made defendants along with me, my wife and my daughter.
Can you please advise me the legality of the sale deed ( kism vasika tabdeel Malkiat nama Malisti) in my favour?
Thanks and avaiting your reply.
H S Grewal
Anonymous
12 June 2010 at 11:55
Hello dear sir,
One of my relative(Applicant) had filed a suit in 1995 and prayed for to set aside the registration certificate issued by the wakf board,bangalore.The wakf board is only a party as defendant.The court returned the plaint for want of jurisdiction.Further the applicant presented the plaint before wakf tribunal.The Wakf Tribunal ordered that the suit of the plaintiff is decreed and the registration certificate is set aside.The order was in May 2009.
Now the petitioner who is not a party to thesuit had filed a writ petition in Aug 2009and prayed for
1.To set aside the order and decree of Wakf Tribunal.
2.To pass an order of remand directing the Wakf Tribunal to hold fresh trial impleading the petitioner as defendant being a necessary party.
(NOTE: Still the W.P ispending for admission)
CLARIFICATIONS:
A) UNDER THESE CIRCUMSTANCES WHETHER THE PETITIONER WHO IS NOT A PARTY CAN FILE THE
W.P ?
B)AT THIS STAGE CAN THE HON.HIGH COURT
CONSIDER HIS PRAYER TO IMPLEAD HIM A PARTY AS DEFENDANT ?
C)WHAT IS THE LIMITATION PERIOD TO FILE A W.P UNDER THE WAKF ACT 1995 ?
pratik
12 June 2010 at 11:52
Meaning of Gratification , Gratitutious act & non - gratitutios act as per the prevenetion of corruption act, 1988.
If possible with the examples.
Which books is most prefereable to read the abovemntioned act with the case laws & wiht the good interpretation.
Any notes than pls provided.
Thanking u all experts in advance.
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.
V.Satya venkatarao
12 June 2010 at 11:27
I would like to know whether a buy back of shares by the promoters of a company is legally enforceable. To be precise for instance if the promoters of a company enetr into a contract with another shareholder( Investor) agreeing to buy back the shares at a certain point of time with a certain rate is it valid?
Similarly can the promoters of a company assure a particluar rate of dividend to its shareholders? Will not such a contract run contrary to the provisions of the company law and will it not be a derogation of the shareholders rights
condonation of Delay
Respected Experts,
An appeal has been filed in the district court against a title suit after 6 months of judgment by the Oppo. Party. A separate application for condonation of delay has been attached. I have received notice after 6 month from filling of appeal. Main reason for delay has been shown as illness of one of the defendant who was suffering from several diseases. Which is totally false mainly aimed at pulling on the case. Can I ask the list of diseases he was suffering from medical records and certificates? Can we cross examine the person and the doctor who has provided treatment? Any other suggestions,
Thanks to all