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Ria   13 September 2009 at 18:55

Exparte order - lumpsum payment

Respected Experts,

I had contested my case party in person, and Iam set to recieve an exparte order in my favour, Now the repondents lawyer at thelast moment has filed the proof saying that the respondent retired from service one year back. As a result of this the judge has set aside the interim maintenance that was granted to me.

1)How do I recover the lumpsum amount that is granted in the exparte decree ?

2)Can I ask the court to attach the PF of the respondent that he recived ?

3)Can I ask the court to order an enquiry into the PF recieved and the assets that he may be owning ?

4) Can I ask for compelling production of documents that may be necessary in proving his income ?riven

Amandeep Singh   13 September 2009 at 18:41

Pls answer in an elaborted manner

Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.

My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.riven

Rishi Ahuja   13 September 2009 at 17:44

In connection with 156(3)

Respected sir,
I filed a complaint with PS on 24-09-2008, request for registering FIR in DP3 and copy of the same is sent to Hon’ble CP, DCP and secretary, Min. of home affairs. When no action was taken by SHO, I filed a case in the hon’ble court u/s 156(3) for registering my
FIR. On the same day, the hon’ble court was pleased to pass the direction to the SHO to submit the ATR” To know whether any FIR has been registered or not”so further action is to be considered. IO submitted an ATR on 31-10-2008 as hon’ble court found that it is incomplete. So again on 24-2-2009, the hon’ble court was pleased to pass the direction to the concern IO to submit the complete ATR in person on 6-04-2009. But the IO did not comply the direction of the court even after the notice as well as four summons were issued to him to ensure his presence in the court. The IO had contempt the direction of the hon’ble court which was passed on 24-2-2009, 6-4-2009, 1-06-2009, 25-7-2009, 25-8-2009 and 01-09-2009. As NDOH was fixed on 5-09-2009 for IO to ensure his presence and also submit the ATR. On 5-09-2009 , IO attened the court and submiited the ATR, and NDOH was fixed on 3-10-2009 for the order. as the ATR submitted by the IO is factually incorrect and biased . May I have the liberty to file written reply of the ATR submitted by him. I have got an certified copy of the same and having lot of evidences. Kindly give me your valuable advice, I want to submit the written reply before the order is issued and how it is to be done. Any application is to be filed along with that.

With kind regards.
riven

Raj srivastava   13 September 2009 at 17:26

498 A

Am currently in UK and there is a 498 A trial hapeening against me .Can i get a reference to a high court or supreme court judgement that i could quote for representing me in court using a power of attorney to my mother .riven

Chetan   13 September 2009 at 17:01

File Document

Hon'ble Member,

In a 138 NI Act case - I am from accused.

The complainant filed 3 different cases for 3 cheques which were issued by my client accused.

1) Now I want to file a document & orginical copy of document is single then how can I file the original document in all the three cases.

2) At present the case is for statement of accused and I want to examine accused, whether I am right or wrong

3) At the argument stage I want to argue all the 3 cases in together , If court allowed me what will be the effects

Pls guide urgent with provisions




riven

vinod bansal   13 September 2009 at 16:20

Section 125 crpc change of circumstances

R/All Members
I filed a case us 125 crpc for maintainance and affidavit of petitioner/Applicant was also filed with Application us 125 crpc,at the time of filing this case the lady/Applicant (my client)was working in a hospital as Nurse and was drawing salary of Rs. 2100/-P.M. in that application this fact was also mentioned that applicant is still doing job but now she intends to quit job and ultimately now she has leave her job,case is fixed for Respondent reply at present,i want to put this fact of leaving the job by applicant on case file in evidence.How i can do it?.. by summoning the hospital record or by filing another affidavit,i am confused, plz help .Thanx n with Regards.
Vinod Bansal Advocate Distt. Courts Jind (Haryana)riven

vinod bansal   13 September 2009 at 16:13

Additional evidence in FIR case

R/Members
I am complainant of the case & I want to exhibit some documents on case file in a criminal case,these documents were not obtained by police at the time of presenting challan us 173 crpc in court,now case is fixed for evidence(first date for evidence)how i can exhibit or put these documents on case file in court.Plz suggest with relevent provision.Thanx n Regardsriven

sunil   13 September 2009 at 15:55

gift deed

client name:radha

i am from andhra pradesh my father purchased 2acr of land in his name in late 1970,he died in 1982,he didnot made any will,he had one son and one daughter(married in 1978),after that his son(my brother) wrote(on stamp paper) 10 cents of land to me(sister)and i sold this 10 cent to some other,my brother also registered 35 cents of land to others with out my sign ,now the case is in court for partition

1)son(died)--his legal heirs(wife,daughter)claimed that his husband/father given a gift deed to his marrid sister so they dont have any right on this property
and also a patta passbook is our name(wife)

my doubts
-->writing on stamp paper is a valid gift deed to me?
-->what r the transaction made by son is valid or not?
-->is siter has any right asking share on the property?
-->how the property distributed among them?riven

Tasmia Abdul Rehman Shaikh   13 September 2009 at 12:45

Alteration of society property

Hello..

I would like to know if any member can externaly alter, repair, or change the water pipeline provided by the society and as far as I know no member can alter or make repair externally, it is totally society's responsibility so add-on I would like to know the bye-law stating the same if any or any evidence or law passed for the sameriven