Ravi Shekhar
16 March 2010 at 17:07
There is a practice of giving effect of registration to a document, which is not registered within 8 months, by executing and registering a deed of confirmation. I want to know, whether deed of confirmation, amounts to registering the document, which has not been registered?
Anonymous
16 March 2010 at 16:44
Whether written statement filed in a suit alongwith counter claim can be withdrawn. If not whether only counter claim can be withdrawn?
Anonymous
16 March 2010 at 16:08
Can a Case u/s 9 (RCR) of Hindu marriage act be withdrawn in the second hearing as it was about to be pronounced Ex-Parte?
roby
16 March 2010 at 15:39
hello
My name is roby,i am a resident of trivandrum kerala.I wish i could get some details regarding procedures to legally convert my parents ancestral property to my name.
My parents passed away some years before,without preparing a will.
And we lost our land diocuments too.
my parents had 4 children including me and ours is christian family .
Last year my elder sister left this world and she has 3 children who are majors.
I have an younger brother and a sister also.
I HAVE ALREADY GIVEN BY SISTERS AND BROTHER THEIR RESPECTIVE SHARE IN CASH .
THANKS IN ADVANCE FOR YOUR COMMENTS
pratik
16 March 2010 at 15:34
As per the Partnership Act, 1932 if the patnership firm is not registered than the third party cannot have a law proceedings against the firm or any parnter of the firm and vice - versa.
But as per Provincial Insolvency act, 1920 if the working,seelping partner or any partner has become insolvent than to realise the property for the firm can the parnter who has become a insolvent partner fill a suit in the court or under the arbirtation act because as the partnership firm is not registered as per the act, 1932.
But I have a came across the below mentioned line which say as follows :
Non - registration of a firm does not affect the right of third parties against the firm or its parnters, or the power of an official Assigns, Receiver of court under the Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 to realise the property of an insolvent parnter.
If an case laws that pls forwared it to me or with the best suitable examples .
By reading the above mentioned line we can come to a conclusion that if the partnership firm is ot registered as per the act, 1932 than also the insolvent partner can claim her/his property for the firm means he can file a suit under the firm firm name or under the individual partners name also.
Pls clarify me if i am wrong.
Also pl tell me that Which act is in force whether Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 ?
Query regarding the income tax act, 1961 & applicablity of the Civil procedure code, 1908.
2)As per section 60 of the CPC Civil Procedure code, 1908 says which values or assets are not liable for the attachment that method should be followed by the officer under the income tax act, 1961 so why CPC orders form 1 to 50 cannot apply to the income tax proceedings which is between the A.O. or any higher authority of it.
Pls forward me any notes regarding the abovemntioned topics or act.
Email Id: vyas_pratikca@yahoo.com
Thanks TO The All Experts in advance as there valueable time has been spend on answering the abovementioned queries.
doshi devang
16 March 2010 at 15:34
SIR,
KINDLY GIVE ME GUIDANCE ON BELOW:
1) CAN I PRACTICE AS ADVOCATE & CA AT THE SAME TIME?
WHAT CAN I DO FOR GETTING APPROVAL OF THE COUNCIL OF THE INSTITUTE OF LAWYER TO GET PERMISSION OF SUCH PRACTICE?
Anonymous
16 March 2010 at 15:01
All the necessary documents for the transfer of property in the name of the nominee are submitted and everything else is completely taken care of. The Society has asked to furnish the following
-original Share Certificate
-form known as Appendix-15 (Under Bye-Law 34)
-cheque of Rs. 600 (Rs.100 as Entrance fees and Rs.500 for Membership fees)
I wanted to request to please guide me and tell me whether Rs. 500 as membership fees (mentioned above) is legal as per any bye-laws. (I have attached herewith the form of Appendix 15.)
Anonymous
16 March 2010 at 14:58
Que.1.IF 498A is Filed against Husband and Police filed their Charge sheet as usual and Husband does n `t want to contest and ready for the conviction of 3yrs of Jail even though he is innocent ,instead of Roaming around courts and wasting his own time and money and Public prosecutor Time in Such a Scenario can the case be Judged Ex-Parte in Favor of Wife?
Anonymous
16 March 2010 at 14:19
I was suspended by order dated 04.04.09 and charge sheet was served on 21.07.2009.I made an application dt.10.09.2009 to the inquiry officer to supply coppies of some (66)documents to reply the charge sheet.These documents are other than the documents listed in the charge sheet.Inquqry officer wrote a letter dt.19.09.2009 to the Secy to Govt.to supply those documents demanded by me.After a lapse of three months time and no document was provided so I approached the Hon'ble High Court thru w.p. no.1855(SB)/2009.The Hon'ble High Court was pleased to pass the following order/judgement.
Writ Petition No. 1855 (SB) of 2009
Phool Chandra ... Petitioner
Versus
State of U.P. and another ... Opposite parties
---------------
Hon'ble Rajiv Sharma, J.
Hon'ble Dr. Satish Chandra, J.
Heard Mr. Yogendra Mishra, learned Counsel for the Petitioner and Mr. Rajneesh Kumar, learned Counsel for the State.
By means of the instant writ petition, the petitioner is assailing the order of suspension dated 4.4.2009.
The argument of the learned counsel for the petitioner that the charges are not correct and cannot be attributed to the petitioner, to which learned Standing Counsel submits that the same cannot be a subject matter of jurisdiction under Article 226 of the Constitution of India and it can be considered by the Enquiry Officer, where the parties would be free to lead evidence and produce material which may be proved by the respective parties. The High Court is not acting as an Enquiry Officer in the enquiry or is sitting over the suspension order.
Counsel for the Petitioner, at this stage, submitted that a direction be issued to the Enquiry Officer to complete the enquiry expeditiously, to which learned Counsel for the State has no objection if the enquiry is directed to be expedited. He further submits that charge sheet has already been served upon the petitioner on 21.7.2009.
Considering the peculiar facts and circumstances of the case, it is provided that reply to the charge sheet may be tendered within two weeks and in case the petitioner requires the copies of any document and makes an application in that behalf, the Enquiry Officer shall consider the application of the petitioner for supply of documents and after being satisfied about the relevancy of such documents within three days from the receipt of such application, he shall supply the copies of such documents to the petitioner and in case it is not practically possible or for any other valid reason to supply the copy of any such document, he may allow inspection of such document to the petitioner by fixing date, time and place for such inspection within next seven days. The Enquiry Officer shall ensure free access to the petitioner to such documents, which are to be inspected by the petitioner. The petitioner shall thereafter submit reply to the charge sheet within the next fifteen days and the Enquiry Officer shall complete the enquiry within the next two months from the date of submission of the reply. The Enquiry Officer shall submit his report on or before the expiry of the aforesaid period of two months to the disciplinary/appointing authority, who shall take necessary steps and pass final orders within the next one month. In case the petitioner seeks any adjournment, the period of such adjournment shall be excluded from the time schedule referred to above. The petitioner shall cooperate in the enquiry, failing which it will be open to the enquiry officer to conclude the enquiry ex parte within the period provided here-in-above.
In case the enquiry is not completed within the time provided, despite cooperation of the petitioner, the order of suspension shall stand revoked and the petitioner would be at liberty to approach the Court again.
With the above directions, the writ petition is finally disposed of.
Dt.10.12.2009
[Dr. Satish Chandra, J.][Rajiv Sharma, J.]
Enclosing the copy of my previous application dt. 10.09.09 regarding supply of documents as wel as copy of above judgement dt.10.12.09 of Hon'ble High Court I sent an application to Inquiry officer and requested to provide coppies of documents demanded by my letter letter dt.10.09.09.
Not getting any response, I personally appeared before I.O.on 29.12.09 with a written appliction demanding coppies of documents as required in my previous letter dt.10.09.09. I.O.provided me a letter which is a letter dt.05.12.09 of spl.secy to Govt.addressed to Inquiry Officer (by name)regarding the documents demanded by me thru my letter dt.10.09.09.In above letter dt.05.12.09 Govt communicated to I.O. regarding availability and relevancy of documents.In this letter two documents were mentioned to be attached with,regarding other documents it is mentioned that , two of these may be inspected in the office of Director social welfare,one in the office of Distt.welfare officer,one in the office of Director of education and rest allmost all documents were denied.I.O.provided me the above letter dt.05.12.09. of spl.secy Govt. but did not provided any enclosures/documents.Through another letter dt.29.12.09 I.O. asked me to give pointvise explanation about the points raised in Govt's letter dt.05.12.09 regarding documents demanded by me thru my letter dt.10.09.09.Meanwhile I found that four documents amongst the documents listed in the charge sheet were not supplied me with charge sheet.So while putting my explanation about 66 points mentioned in the Govt's letter dt.05.12.09,I mentioned that four docments listed in charge sheet at sl.no.(given)have not been supplied to me and I requested to supply these four listed documents as wel as two documents said to be enclosed with Govt.'s letter dt.05.12.09 and all the 66 documents regarding which I explained the relevancy in this letter dt.11.01.2010.
for inspection of documents I.O. fixed the date 21.01.10 at Govt.office,another dt.15.02.10 in the office of Director social welfare,dt.17.02.10 at Govt.'s office and in response I appeared in fixed time ,at given place on the dates fixed and requested to made available the documents for inspection and coppies thereof but no document were made available for inspection and no copy of any document has been supplied.
After the judgement of the Hon'ble High Court dt 10.12.09 I have written ten registered letters to I.O.requisting for inspection of documents
and supply of copies of documents
but no document has been made available for inspection and no copy of any document supplied till date.
Pl.suggest me what further step should i take,After the expiry of the time provided by the court to complete the proceeding?what will be the consequences of court's order after the expiry of the time proveded,will the disciplinary proceeding continue even after the time provided?what will happen after the time given by the court?
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provisional
Can UTP be entitled to communicate/consult with his relatives or lawyers? Is there any provision of law in that regard?