ROY THOMAS
01 January 2010 at 12:39
can a majistrate dismiss a private complaint (138 NI Act) only for the reason that no steps were taken.
earlier several steps were taken and even by hand warrant was served on the authorities but all in vain as the accused frequently changes his residence
accused residing at Tamilnadu and complainant at kerala
TRIBHUVAN PUROHIT
01 January 2010 at 12:27
I would like to know...
Can a judgement once being passed by Debt Recovery Tribunal & Debt Recovery Appellate Tribunal is again referred and altered.
can one please provide me with relevant judgement if any.
Awaiting reply.
Thanks in advance.
TRIBHUVAN PUROHIT
TRIBHUVAN PUROHIT
01 January 2010 at 12:22
As mentioned in the subject, I would like to know...
latest judgements on companies being criminally procecuted.
Awaiting reply at the earliest.
Thanks in advance.
TRIBHUVAN PUROHIT
Mohamed Ali
01 January 2010 at 12:21
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
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 aying, whether these Orphaned grandchildren entitle for any share in 3rd plaintiffs property cannot be settled in this pending Final decree proceedings as per order 1 rule 8, further saying Final decree proceedings is for only allotment of shares as per decree.
Judge failed to assess that when one is not a legal heir as per law, he cannot be a legal representative he can be strike out from record as Final decree proceedings is a continuation of partition suit.
Question: Our advocate is now filing writ petition in the high court to challenge lower court order,under order 22 rule 5 along with judgements on Mohameddan law for orphaned grandchildren and judgements on competency of final decree court..
Is he proceeding in a right way, is he using correct section of CPC, If any other please suggest. Whether highcourt gives dirction to trial court to strike LR’s wrongly added ?
Order 22 Rule 5. Determination of question as to legal representative.
Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court:
1[Provided that where such question arises before an Appellate Court, that Court may, before determining the question, direct any subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate Court may take the same into consideration in determining the question.]
srlaksminarasimman
01 January 2010 at 11:54
Respected friends,
Kindly clarify my following query.
A owns residential plot of land at two places namely at place X and place Y. He decides to sell land at X and out of the sale proceeds , he wants to construct a warehouse ( for commercial purposes) at place Y. The exemption from tax on capital gains arising on the transfer of residetial land can be availed only if A constucts or buys a residential house/ flat ( residential) and exemption is not available for constucting a ware house for commercial purposes.
Is it correct
regards
sr laksminarasimman
Anonymous
01 January 2010 at 11:53
i m doing 2nd yr llb in bangalore while doing this can i join MA degree through distance education in annamalai university TN.is it valid. plz reply
srlaksminarasimman
01 January 2010 at 11:31
REPECTED FRIENDS,
Family settlements attract concessional stamp duty. May I request my friends to provide me a draft/ specimen of family settlement.
regards
sr laksminarasimman
Rathnakar P V
01 January 2010 at 11:26
Dear Friends,
" Wish that the New Year 2010 brings joy, beautiful moments and surprises to cherish forever ",
To All OUR FRIENDS and Forum members.
Rathnakar Rao P.V.,
Hyderabad
Anonymous
01 January 2010 at 08:44
Sir
I have deposited a cheque on 30-11-09 and it bounced as insufficient funds on2-12-09 so I sent Lawyer nofice on 5-12-09 through Regd post and till this time Regd letter is not delivered to the party nor returned to me,so I requesting you to pl clarify
1)Shall I present the cheque 2 nd time for collection OR
2)shall I file a case under NI act now it self as no intimation from postal dept is treated as the RL is deemed to be served
OR any other proper way pl suggest
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damduppat
dear sir
can u explain concept of Damduppat