Mohamed Ali
06 February 2010 at 14:29
A Sunni hanafi family partition suit was decreed in 1960 by the Additional court,
our grandmother who is 3rd plaintiff in suit was entitled for 1/17th share as per decree,
She died 26 years after decree in 1986.
She had 1 predeceased son with 3 children’s and 2 daughters’s who survived her.
While filing Final decree petition in the year 1989, the 3 children’s of predeceased son were wrongly brought on record as Legal heir’s of 3rd plaintiff along with her two daughters for which the two daughters did not object.
Now in the year 2008 daughters have filed an Interlocutory Application under Section 151 of CPC, in front of the trial court to strike out from record those 3 children’s of predeceased son who are not entitle for any share in 3rd plaintiffs share as per Mohameddan law. It is well Known that as per Mohameddan law Orphaned grandchildren are not entitle for any share in grandparent’s property.
Orders on our IA: The Judge has dismissed our IA saying, Whether Orphaned grandchildren will get any share or not will not be determined in this pending final decree proceedings, Final decree proceedings is only to allot the share as per decree. Morever we have not objected at the time when the LR application of this orphaned grandchildren was filed in 1989.
We filed writ petition in high court..
Writ petition in High court: The high court also has held same view as trial court and dismissed our Writ petition, saying if these grandchildren are not deleted from the record in this pending final decree proceedings it will not affect the other co-plaintiffs as just the names orphaned grandchildren as LR’s of 3rd plaintiff on record will not create any right to them. If they are not entitle for share as per Mohameddan law they will not get the share. But how ? Since they are on record right will go to them ?
Final decree proceedings is still pending..
My Question:
1) Can we file one more Interlocutary application in the trial court where Final decree proceedings is still pending, that these oprphaned grandchildren are not legal heirs as per Mohameddan law hence Orginal 3rd plaintiff’s share must be allotted to only the two daughters not to these orphaned grand children at the time of drawing of final decree.
2)Can we file a separate Orginal Suite parallel to this pending final decree proceedings based on Preliminary decree that the 1/17th share of Orginal 3rd plaintiff as per decree must be allotted only two daughters of 3rd plaintiff not to these Orphaned grandchildren. And later we can club this result of original suite with the final decree proceedings. As here the problem is limited scope of final decree proceedings
3)please suggest a way so that these Oprhaned grandchildren must not get any share in this pending final decree proceedings.
Naman
06 February 2010 at 13:32
is it mandatory to give notice in writing to each director about the board meeting,if is it written in AOA of the company when where and at what time the board meeting will be convened?
sandeep
06 February 2010 at 13:31
sir/madam
I want to know THE FORMATS of how drafting of writ petitions are made under various acts and also PIL & its filing procedures.
regards,
sandeep
Anonymous
06 February 2010 at 12:36
Can we register a society in one state and run the institution of that society in another state?
Is it possible and if where can i find the answer.
Anonymous
06 February 2010 at 12:36
I had taken housing loan from the bank in Mumbai. I have now fully repaid the housing loan. However, bank has informed me that my original property documents are misplaced/lost by them.
Bank has told me that they will re-create the documents. I want to file a case against the bank for compensation. How much amount should I claim from the bank as compensation ? How much compensation court will really award ?
Please guide.
Thanks and Regards,
Anonymous
06 February 2010 at 11:47
hello sir my name is sarfaraz living in bhuj gujarat india. sir my wife is living with her mother and her elder unmaried sister and elder unmaried 2 brothers at 50k.m. of my home.she went there after being pregnet and to do delivary as per our society on 04.04.07.but after some time telephonic dispute with my sister in law. so my sister in law washed up her mind against me. on 30.06.07. my wife got female chil but they did not informed us to see my daughter and meet my daughter.we got this message by our relative who are living in their area. we went to my mother in law's home to see my daughter but they did not allow us to go inside of their home.we tried to solve matter by social and our caste's leader but they are not ready to compromise.at that time there was good life of my wife and me.sir they have filed case against me as per cprc act 125. but i am ready to live with her near her mother's home.but they are not ready.sir i have not seen my daughter since her birth.now i want to take custody of my daughter and want to take my daughter with my home with my mother and father.i have filled case in district court as per guardian and ward's act.on 08.012.09.sir my mother in law is working in government job and my sister in law is LIC agent and my 2 brother in law are working in private firm. and my wife is hendling beauti parlour. so how can my baby live what is her future at there? sir can i get custody of my daughter and can i get permission to meet my daughter till this case come to oreder?please help me.can i file restitution of conjugal rights act against her?
in which court should i file restitution of coujugal rights and under section 9 of HMA? i am muslim can i file under section 9 of HMA?where my wife has file crpc125 that court is 50k.m. away from my town.there is also same district court in my town.both state and district is same.
Anonymous
06 February 2010 at 11:39
Freedom of speech covered under which article?
shrikant chede
06 February 2010 at 11:01
Dear counsels.pls reply immidiately
assesment under section 126 of INDIAN electricity Act 2003 is made accordingly bill are issued to the consumers .the consumer challange assesment under section 126 of INDIAN electricity Act 2003 before Hon'ble district consumer redressal forum
Hon'ble district consumer redressal forum quash the assesment under section 126 of INDIAN electricity Act 2003& order to issue bills as per spot inspection report ie actual electricity consumption whether i can file appeal for remaing amount after obeying district consumer redressal forum order to state commission
ExZAMPLE :-
1)Bill issue as per the assesment under section 126 of INDIAN electricity Act 2003 =80,000
2)Hon'ble district consumer redressal forum
order to issue bills as per spot inspection report ie actual electricity consumption = 20000
whether i can file appeal after recovering 20000 as per Hon'ble district consumer redressal forum order for remaining 60000 plese reply immidiately
shrikant chede
06 February 2010 at 10:48
Dear counsels.pls reply immidiately
assesment under section 126 of INDIAN electricity Act 2003 is made accordingly bill are issued to the consumers .the consumer challange assesment under section 126 of INDIAN electricity Act 2003 before Hon'ble district consumer redressal forum
Hon'ble district consumer redressal forum quash the assesment under section 126 of INDIAN electricity Act 2003 wheter i can file appeal for remaing amount after obeying district consumer redressal forum order to state commission
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