Anonymous
21 February 2010 at 09:45
Can a defendant move an applicartion under order 39 R1&2 and particularly when the relief sought is contrary to the relief sought by the plaintiff?
Anonymous
21 February 2010 at 09:27
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
Anonymous
21 February 2010 at 09:19
sir,
if there are partition in the property between two brothers and one of them want to sell his portion, does he requires to offer his brother first or he can sell it to third party?whether the other brother can exercise right of pre-emption?whether right of pre-emption or first offer applies only if it is specifically written in the partion deed or sale deed or else? if two brother has got their portion from their father through sale deed,whether it constitute the partion as well?any extra partition deed rquired or not?
avinash jos
21 February 2010 at 07:45
Mr. Z got recruited on 22.10.1980 as an Industrial Employee(IE) of Ordnanace Factories of India, central Govt employee, from 1980 to 1985 Mr. Z worked in the capacity of the Industrial Worker and then appeared for a Departmental test for LDC (Non Industrial Employee- NIE) in the year 1985 and the Results were declared in the year 1985 and the selection list was created in 1985, and Mr. Z started working on this role effective March 1991.
(a)During this period of 1985-1991 after such results were declared the appointments to the post of the LDC were kept on HOLD internally saying that there were no positions available for the same, However during the same period for similar post of LDC compassionate and open hiring at this specific factory location was made from outside as fresh recruitments. Does a suit lie?
(b) As on date the direct hires from outside during this period of 1985 till 1991 who have been hired after the declaration of the LDC result of internal candidates and whose promotions were on HOLD for want of positions, hence the direct hires currently are seniors to the internal hires on this position. Do a suit lie for seniority of internal candidates and also for the financila loss effected due to this hold of position for 7 years both 1985-1991 included.
avinash jos
21 February 2010 at 07:30
Mr. A on regular service of the ORNANACE FACTORIES of India, Central Govt employee, was suspended on 12th June 2006 and the suspension was revoked on 27th July 2006 i.e 45 days both dates included.
Punishment : When due the next three increments to be stopped with commulative effect
Question in Law: Increment happened in every year in the month of july,2006
(1) Mr. A was in the suspension period when the increment was due in 2006, therefore there have been no increments in 2006,2007,2008,2009
(2) Is Mr. A eigible for the 6 Central Pay Comission benefit which has the important clause " 6 pay comission benefit of one increment will be given if only regular employment from Jan-july of 2006, however here Mr. A was suspended from June 12th '2006 to July 27th'2006, is the suspension period amount to the service regarded as regular sservice.
v.k.gupta
21 February 2010 at 05:51
Dear Seniors,
Kindly let me know if any person gives false affidavit i.e. the false contents in his affidavit,before any of the Court then what are the remedies to the other party as per law ?
OR
Kindly suggest what action we should take against that person and in which court?
V.K.Gupta
Anonymous
21 February 2010 at 01:25
Hi,
I am an european woman married to an indian man from Bangalore, India. We have been married in my country embassy from New Delhi in august 2006. We have a baby boy born in Europe (the baby is an european citizen) of almost 3 years old. We haven't been married under the indian law. My husband left my country 2-3 years ago. He and his family wants me to come to India to show the son. I want to know if i can visit my husband in India (Bangalore) along with my child without having any problem coming back home (in my country) with the child, even without my husband consent. Is there any legal possibility for my husband to keep the child in India against my will ? May be in the airport, the indian policemen will ask me for the consent of his father in order to get out of india. Do i need such a paper from his father (being still maried) in order to get out of india, if the child is on my passport?
Thank you very much
Anonymous
21 February 2010 at 01:10
Under section 80(1) of Gujarat Co-operative act, 1961,if the provision in the bye-laws of the society is made for two board of directors of governmet representative and the same are not nominated by Govt the under the section 80(1) and below the explation how can we contrued the representation of the two members.
V.V.RAMDAS
20 February 2010 at 23:38
Friends,
My problem is - a canadian lady came to my place on tourist visa and filed a suit in the local Civil Court for right, title, interest and recovery of posession of a Trust property as she was giving charity to the said trust. Hence I would like get it clarified that (1) Whether such foreign lady can file a suit in indian court without the permission of the Indian Government ? (2) Whether she is entitled for Court fees exemption ?( ladies are exempted for payment court fees in orissa) So whether that provision is extended to the foreigner ?
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O39 R1 & 2
Can a defendant move an applicartion under order 39 R1&2 and particularly when the relief sought is contrary to the relief sought by the plaintiff? Please cite a decided case on the subject.