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imthiyaz   05 March 2009 at 09:32

To prevent from Khata chnage of decree schedule properties



Urgent

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,

Some of the defendants and plaintiffs have colluded with each other without the knowledge and authorisation of some of legal heirs of decree holders and have executed a panchayati fariqhat with notary signature for some of the decree schedule properties and has applied for Khata change to their names on the basis of this paper without the knowledge of honorable court in which final decree proceedings is pending.

These fraud persons are running a case in the Tahsildar court for khata change for which proceedings are adjourned for orders in next hearing, I attended the previous hearing that Tahsildar is arguing even though the case is pending in final decree procedings for the schedule properties for which khata change has been applied, Tahsildar is ready to change the khata, he may be under some influence, I have filed an petition in taluk office and has taken an acknoledgement that khata for these properties must not be chnaged as still the case is pending.

under what section of cpc we can get stay or an injection or direction from court to the respective taluk offices to stay the process of any khata change of decree schedule properties untill the final decree proceedings is completed.

J. P. Shah   05 March 2009 at 00:35

DECISIONS OF NCDRC--SEARCH ENGINE.

NCDRC WEBSITE HAS NO SEARCH ENGINE FOR ITS JUDGEMENTS AND HENCE IT IS DIFFICULT TO LOCATE JUDGEMENT ON A PARTICULAR ISSUE. PL INFORM ME IF THERE IS ANY WEBSITE WHICH PROVIDES SERACHABLE JUDGEMENTS OF NCDRC [NATIONAL CONSUMER FORUM]

Murli Manohar Prasad   04 March 2009 at 22:03

arbitration

an exparte award by arbitrator is passed at Kolkata but the person against whom award has been is a resident of Jharkand state where all transactions/cause of action took place,can he file an appeal against the award before the Jharkhand High Court ?

anil LL.M   04 March 2009 at 21:12

relaxsation for the post of Sub-Inspector (Enforcement)

sir i have for applied for the above post
wethter i would also cosidered OBC in chandigirh also

sir i am resident of haryna ibelonge to the cast of OBC , so pls sir
intimate me for the relaxsation of age in case of my concerns
my date of birth is 01 oct 1983.
i am law graduate (three year)

tarun   04 March 2009 at 20:53

EXECUTION IN MOTOR ACCIDENT AWARDS

DEAR LAWYER CLUB MEMBERS ,
HERE IS A PECULIAR SITUATION with one of my clients ..may be u can help me find some solution :-
In year 2000 Mr. A died in a road accident laeving behing his widow and three minor childre, 11, 9 and 7 years . Wife filed a CLAIM in M.A.C.Tribunal AND IN 2005 an award of Rs. 9 lac passed . Widow get around 4.5 lacs ,to be deposited in FDR for 5 years ,rest distributed in children.
in 2003 she received a notice from another MACT court whereby she came to know that one "B" was died IN 1999 in a road accident by the vehicle belonging to A,DRIVEN BY DRIVER OF A , .she appeared through his counsel but the counsel did not cared and the court impleaded her as legal heir of the respondent AND PASSED an award of Rs. 5 lacs , as the vehicle was not insured at the time of Accident.
i entered at the stage ofExecution , filed my objections but ,court rejected , i approached High court ,which stayed the execution but instructed me to deposit the amount in installments ..so far i have deposited arnd 2.5 lacs , now the widow has no money to deposit , she has a residential house in her name before the institution of these cases. suggest how to save her from this execution.

Guest   04 March 2009 at 20:39

Transfer of property

Dear Sirs,

A person died intestate by leaving a plot and only a son. How the plot should be transferred from the father's name to son's name, in the following two conditions? Whether he has to approach the court of law or only revenue authority to get it transferred in his name.

(a) The subject property is the self acquired property of the father.

(b) The subject property is the ancestral property.

Kindly also advice me that the person, who died intestate has two sons and three daughters and how the property can be transferred to his legal heirs.

Please inform me which sections and which Act, I have to refer to get clear idea about this aspect.

Thank you very much in advance.

Jithendra.H.J   04 March 2009 at 20:34

Civil Procedure code

A case is filed uunder section138 of NI Act, the accused examined himself as DW1, he filed witness list, the court ordered to take hand summons to the witness, the hand summons was not prepared in the office, but the court after two hearing closed the defence side evidence posted for arguments stating that the accused neglected to recieve the hand summons, acutallyit was not fault of the accused, the accused preffered revision before the District Court. the complaint intentionally evading the sevice of notice to get the complaint disposed off.
what is your suggestions to the accused.

Jithendra.H.J   04 March 2009 at 20:33

Civil Procedure code

it is reported in ILR 1996 KAR (Sujatha Vs Indain Bank, and it is held that if oonce case posted for judgment, no application to recall or advance hearing for any other purpose.

it means onece the case is posted for judgment it cannot reopened, is there any recent judgment that the case can be reopended?

Vikas Kr. Sinha   04 March 2009 at 18:08

Dishonour of cheque N.I.Act

If a cheque is dishonoured due to "Stopped Payment" by the drawer.
Whether in such case complaint under section 138 of N.I. Act is maintainable?
If yes, please give any ruling.

SARAVANAN.R   04 March 2009 at 17:09

Two Notices under I.D ACT

Sir,

In I.D ACT, prohibition of Strikes and Lockout is mentined in the relevant sections. My question is why this two notices are necessary.

Please tell me whether I am correct in assuming that In six weeks notice, date is not specified. In 14 days notice, date and time is clearly specified.

Please feel free to answer this.