Azhagananth
17 August 2017 at 09:54
Dear Members,
i filed vakalath for the defendants in two cases [Money suit] arising out of promissory note, executed by the deceased. The suit was filed against the Legal Heirs of the Deceased stating that, they hold the estate of the Deceased and they are liable to pay to debt on the estate which they acquire.
whereas - Section 6(4) in The Hindu Succession Act, 1956
After the commencement of the Hindu Succession (Amendment) Act, 2005*, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005*, nothing contained in this sub-section shall affect—
(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.
Explanation. —For the purposes of clause (a), the expression “son”, “grandson” or “great-grandson” shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005*.
According to me, the suit has to rejected under Order 7 Rule 11(d) of C.P.C. But various advocates disagree with the above section and they still state that, they are liable to the extreme of the Estate they acquire of the deceased.
I am going through Apex court orders, but still now am able to find out the "any case filed after the date of amendment of the section 6(4)".
Shall we do a search guys... it will not help only me but also ...
Harish
17 August 2017 at 07:55
I look a shop but in building planing it is show as a kitchen. Builder sell this kitchen to me as a shop. He ask me he is correction in architect plan & saledeed agreement as a shop.loan provide from a co-oprative bank.
Ratan Sasmal
17 August 2017 at 01:51
I am holding a post of Superintendent of a hospital. The local Judicial Magistrate, 1st class, 4th court issued a Show cause letter in very rude language for not responding to a petition of Ld. APP for medical report. But the fact is that, I have not received any petition officially at my office docket section not even by any other means. And the show cause letter The Judge has claim plenty of allegations against which are not at all true. Can I lodge any complain against the Judicial Magistrate , !st Class. If yes, then where and how?
Anonymous
16 August 2017 at 23:46
After successful competition of 20 years of service with an educational institute, my brother was asked to resign without assigning any reason. As he refused to resign, the management is threatening him to terminate and ruin his career. Is such termination Legal?
Please advise what steps we can take to stop this illegal practice.
Yaseen Shareef Mohammed
16 August 2017 at 23:38
Hi all
I have a property which belong to my ancestors and it falls in contonment area as it is in unsurveyed area so there is no town survey report and I have all titles documents such as sethwar wasoolbaqi in which I am getting my ancestors name and my father is mutated in cantonment board and I recently came to know that there is a gazette notification that my property is notified in waqf act 1954 of sec 4 and it is a revenue notification and not of waqf board so kindly help me whether it is a registered waqf and how to get details from the waqf board how it got notified in gazette and what are details should I ask to waqf board for getting details
Yaseen
mohan.D
16 August 2017 at 23:31
Dear sir
Mohan here i am not paying maintenance from 1 year has i am unemployed my wife is going for a job from 2012 i have submitted here salary slips to court the court has ordered interm maintenance of4000 to my wife and my son the interm maintenance was order in 2013 i paid for two months and not paid for another one year she has miss guide the court has she is unemployed i have submitted the salary slip also court has not taken into grant and i have applied for divorce i got rcr expart orders from family court has my wife not attend the court my wife has booked 498A at also breport in police station please guide me what to do next i don't have single rs to pay maintenance i want to ask my mother for each and everything my mother gets rent i applied for job also unable to go for job has wife has put dv act cc maintenance pcr cases of my mother and want a share in my father property please guide me what to do next
Manish
16 August 2017 at 20:50
Sir My bank closed and released me no dues certificate on 25th july 2017 And On 14th aug 2017 has marked lein on some amount from my account as closure charges for that limit Is it legal in banking ?
Mayank
16 August 2017 at 20:12
Matrubhumi is a federal democratic republic with Rule of Law, Independent Judiciary, Free Media and Vibrant Civil Society. The Constitutional and Legal System of Matrubhumi is identical to that of “Union of India”. Dakshina Ratna is one of the southern States under the Union of Matrubhumi, having its own Legislative Assembly.
One Mr. Subramanian Sharma, passed M.A.S. (Matrubhumi Administrative Service) examination conducted by M.P.S.C. (Matrubhumi Public Service Commission). After the mandatory training at the ‘Academy of Administration’, in January 2014, he was appointed as Sub Divisional Magistrate (Tahsildar) at Kanaka Puram, which is one of the largest cities of Dakshina Ratna. Subsequently, he married to one Ms. Latha Karve on 1 April, 2014 as per the requirements of Hindu Marriage Act, 1955.
One day, Mr. Subramanian Sharma accidently met with his old Muslim friend, Ms. Sultana Bhutto. They started meeting frequently thereafter. Their intimacy increased to such an extent that they fell in love with each other and they decided to get married. Mr. Subramanian Sharma then converted to Islam. Without divorcing his first Hindu wife, Mrs. Latha, he married Ms. Sultana Bhutto as per the Muslim Personal Law on 1 April, 2015. He did not seek a prior permission from the Government before contracting this second marriage as required under the Proviso (a) to Rule 19 (2) of the All Matrubumi Services (Conduct) Rules, 1968.
On 15 April, 2015, Mrs. Latha Sharma filed a criminal complaint with the police under Section 494 of the M.P.C. (Matrubhumi Penal Code) accusing her husband of bigamy. On the same day, she also informed about the second marriage contracted by her husband to the Government of Dakshaina Ratna and Government of Matrubhumi.
Subsequently, after a fair inquiry conducted by the Government, on 2 January, 2016, the Matrubhumi Government dismissed Mr. Subramanian Sharma from service, under Rule 19 (2) of the All Matrubumi Services (Conduct) Rules, 1968.
Mr. Subramanian Sharma then challenged the decision of the Government, to dismiss him, before the High Court of Rajdhani (Capital State of Matrubhumi). He challenged the validity of the order on the ground that it was Ultra Vires the
1
Rule 19 and alternatively, he also challenged the Constitutional validity of the Rule 19 as violative of his freedom of religion under Article 25 of the Constitution of Matrubhumi. On behalf of Mr. Subramanian Sharma, it was argued that polygamy was an integral part of religion of Islam and it could be claimed as part of the freedom of religion.
The Government of Matrubhumi contended before the High Court that the second marriage contracted by the petitioner, after converting to Islam and without dissolving first marriage under Hindu Marriage Act, 1955, was a fraud played on the Muslim Personal Law, Hindu Marriage Act and Rule 19 of the All Matrubumi Services (Conduct) Rules, 1968. The Government argued that polygamy, although permitted by the Muslim Personal Law, is not an “essential religious practice” under Islam. The Government also argued that polygamy violates the fundamental right under Article 14 and 15 (1) of the Constitution of Matrubhumi. The petitioner Mr. Sharma counter-argued that un-codified Muslim Personal Law was immune from the application of fundamental rights under Articles 14 & 15 (1).
On 6 August, 2017, the High Court of Rajdhani upheld the dismissal of the petitioner from the Government service and also directed the Government of Matrubhumi to introduce, within a year, a bill to bring Uniform Civil Code, as mandated under Article 44 of the Constitution of Matrubhumi. The High Court also declared the practice of Polygamy, permitted under the Muslim Personal Law, as unconstitutional.
Mr. Subramanian Sharma (Appellant) filed an appeal against the decision of High Court of Rajdhani in the Supreme Court of Matrubhumi. The Government of Matrubhumi (Respondent) filed its reply in response to the Supreme Court’s notice. The matter is fixed for hearing and arguments on 3 September, 2017.
please help me with this moot problem as appllent and respondant .
anupumar
16 August 2017 at 19:37
Sir, I am working in a central govt office as Field executive.
My supervisor asked me to work on all holidays(sunday and saturday) in September 2017.
Kindly reply whether they have any right to ask me to do so.
Thank you
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