anup kumar
10 March 2009 at 17:47
if two flats are reserved for plantiffs in a order it can be possible to least pendent of that flat be registered
so that flats are reserved for platifs can not be contemed or to be registered to other
whether this is possible or not if not what is the other way to keep reservrd flat safe
thanx
adv dolly rosario
10 March 2009 at 14:52
i own a residential flat in a co-operative society in pune. i would like to state that i hv been using it as an office since the day of possession and the same is the case with many other members right from day 1 of the formation of the society. due to certain ego problems the newly elected managing committee members are trying to levy a penalty on such use of residential premises for official purposes.
i shall appreciate it if u could cite certain caselaws in our favour.
p k kapoor
10 March 2009 at 14:09
Can a leave & cence agreement be entered with retrospective effect?
anand
10 March 2009 at 12:01
sir,
i would like to know from where to get downloadable study material or sample papers for the CLAT for L.L.M. entrance test.
please tell me the link to do the same.
thanking you,
anand rawat
Hemalatha
10 March 2009 at 11:09
Dear Sir,
After registration of the Will, it is mandatory to probate the will.. pls clarify
regards,
Hemalatha L
rangayya
10 March 2009 at 03:00
plz tell visting shuedules and rights to father on son
ABHIJIT VERMA
10 March 2009 at 00:37
Pls let me know in Kolkata a person doing internship and is paid by company has to pay professional tax or not.
imthiyaz
10 March 2009 at 00:06
Dear All,
Need Citation on,
LR's being striked out in Final decree proceedings using Order 1 rule 10(2),
Brief: Striking out LR's wrongly brought on record in Final decree proceedings in a partition suit
Thanks
imthiyaz
10 March 2009 at 00:03
Sir, Our muslim partition suit is pending in Final decree proceedings with 11 decree holders as sharers, AS often the case in muslim partiion suits,there are large number of legal heirs of 11 decree holders close to 200,
The preliminary decree is dated year 1960, Final decree proceedings petition is filed in the year 1989 which is still pending and has adjourned for hearing next month,
After the preliminary decree some of the defendants have sold many of the suit properties without knowledge of plaintiffs, now in this pending Final decree proceedings, some how these purchasers has been made parties wrongly even though they are not bonafide purchasers.
Some of the defendants and plaintiffs legal heirs has colluded with each other and have struck as compromise deal with one of the non bonafide purchaser without the consent of court and one of the decree holder daughter who is and LR of plaintiff , and now they are telling to court they have done compromise and this survey number may be removed from decree,
for which one plaintiff daughter has objected as she have already filed any Inter locutary application to strike out LR’s of her brother who are orphaned grand children who were wrongly added as parties while filing final decree petition, As per Mohameddan law orphaned grand children are not entitle for any share ,
when there is a dispute for a share of a plaintiff that to strike out LR’s, Judge wants to go ahead with compromise even though there is an objection to compromise , and also without disposing of this Inter locutary application, According to judge LR’s cannot be strike out in final decree proceedings it is only to follow preliminary decree and personal law cannot applied here,
But these orphaned grandchildren were brought on record when filing for final decree petition as there father predeceased the decree holder after preliminary decree ie in 1976, as the original plaintiff was alive at the time of preliminary decree she died in 1986, hence there is no question of going against preliminary decree, But the judge is arguing that these LR’s cannot be striked out in final decree proceedings,
As per my knowledge it can be done using Order 1 rule 10(2) to strike out LR’s at any stage of proceedings. our advocate has done one mistake by filing an application in only 151 cpc as he was little unsure at the time of filing now he says that is not a problem as only prayer is looked upon in an IA not provision of law, Please help how to proceed as we want to strike out thse LR’s who are not entitle for share, Final decree proceedings is adjourned fornext month.
2 )Judge cannot go ahead for compromise when there is an objection by any one of decree holder, judge cannot force, is it right.
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