Nagarajan
08 March 2016 at 22:30
Dear Sirs,
I am one among the plaintiff in the partition suit filed for claiming our grandfather's land which is a mix of plot and agricultural land. Our grandfather is our mother's father, mother expired in 2003 and grandfather expired in 2014. We are 4 children, i am the eldest and i have two younger sisters and 1 youngest brother, our father is not interested in the claim. Our grandfather had 4 daughters and 3 sons. He had gave partition of 3.5 acres of land to his 3 sons and he kept 3.5 acres of land for himself, out of which he sold about 1 acre to different parties in the form of plots. About 2.5 acres is available and filed the partition suit claiming 1/7 as the part of our mother.
Since the opposite parties appointed the advocate but failed to file the counter, already ex-parte decree was granted by the court.
1.How long we have to wait for filing Execution Petition, if we file, will everyone get their part?
2.How much we have to pay fees for appointing commission?
3. Is it better to file EP separately or if some of the parties willing to join will it add strength to our claim?
4.How long is the time allowed for the other party
Gowtham
08 March 2016 at 21:28
My father and we 3 children's have gone through a partition of my father's ancestral property in 2010. Me and my father retains the property and my 2 sisters took money instead and the same has been recorded in the deed. Now one of my sister is claiming the property . what is the limitations by law for such claims
Rajan Singh
08 March 2016 at 18:28
How do we serve notice to a company which has closed its operations and all offices including the registered office without paying the dues.
What options do we have in such scenario?
Rgds
Adarsh Kumar
08 March 2016 at 16:35
May I know about the procedures of registering an educational consultancy?
sapnakhu
08 March 2016 at 16:16
I cracked IIT using my obc ncl category..back then my fathers salary was 2 lakhs..i am preparing for IAS now..but my fathers salary is par..twist is that my dad has a business..so the income he shows depends on him..so can he modify his IT returns..So legally as per IT returns i will be under OBC NCL category with proper docs.. Legally i would be safe..i just want to ask whether i should do it or not..so plz Sir's guide me..Thank you so much.. if caught what could be the worst consequences ?
Anonymous
08 March 2016 at 16:09
My father and we 3 children's have gone through a partition of my father's ancestral property in 2010. Me and my father retains the property and my 2 sisters took money instead and the same has been recorded in the deed. Now one of my sister is claiming the property . what is the limitations by law for such claims
Raj
08 March 2016 at 15:09
Sir,
In 498-A case, where my family & I was implicated, the judge has partially heard our arguments almost year back, but from then thereafter, he has been giving dates one on the pretext of the other. In the daily order sheet, he has been writing same language on every hearing date “ DW not present. Adjournment sought and allowed. Next date for DW if any otherwise for arguments”
My query is that this ordeal has been going on , for last 1 year. Please suggest, whether his inferences will go against us? What is the best remedy to overcome from this deadlock?
Sundram N
08 March 2016 at 14:56
Dear Sir,
kindly suggest :
Family court ordered ex party mainteance order. i filed miscellanious petition for set aside the order of maitenance. my misc. petition started and service is served to wife as judge of faimily court mentioned in the order sheet. after three date on misc. petition, judge issued warrant and i approached before the advocate of high court patna and now in thinking :
1. to file writ before the high court to instruct the family court to hear my misc. petition firstly and stay the warrant.
2 Secondly : to file bail petition against the warrant issued by family court and another case for istruction to family court to hear my case
3. Thirdly : Revision before the high court to stay the maitenance order and instruct to family court for giving oppurtunity me to argue the case
kindly suggest what option will be the best to proceed
P R JADHAV
08 March 2016 at 14:00
In 2008 i have purchased a land which was distributed by government to a holder who is a ex serviceman.Before sale he had to take permission from collector.However it was not known and the deed has been registered mutation entries have been passed and i got 7/12 ferfar etc.now the
third person has complained that the illegal transaction has been effected.The matter is before lacal court prant officer.What is the solution to resolve and get the transaction regularised
Moot problem
Rahul Publishers Inc. v Modi Jadeja
Rahul Publishers Inc. is a world renowned publisher of expensive educational textbooks, which are purchased by some of the best universities all over the world. Rahul Publishers Inc. also gives books to distributors in India, at a much cheaper price than its American Counterpart. The quality in the books is the same, except for very few spelling changes and illustrations. In other words, the Indian books can be used by American students for educational purposes without compromising on the quality of education.
Modi Jadeja, an Indian citizen, seizing this opportunity, legally purchases these books in India and exports these books to the United States of America. He then sells them at a cheaper price in America, while still making a reasonable profit. Rahul Publishers Inc comes to know of the same through their agent in America, after their sales dip by 3%. However, Rahul Publishers Inc unable to take action against Modi Jadeja in America, following the United States Supreme Court Judgment in a case known as Kirtsaeng v John Wiley and Sons Inc., files a suit for temporary injunction and infringement of copyright against Modi Jadeja in the Madras High Court. Rahul Publishers Inc also claims more than 10 lakh rupees worth of damages from Modi Jadeja, for loss of sales caused by copyright violation.
Modi Jadeja raises the defense of the First-sale doctrine and states that the doctrine is implicitly recognized by Section 14 of the copyright Act, and that due to political considerations, the same was left out of the Copyright Amendment Bill, 2010. The First-sale doctrine basically says once a copyright owner makes a sale, he loses his exclusive right to lease, re-sell, or lend. The new copyright owner cannot however reproduce the same. Further, Modi Jadeja states that due to the latest decision of the US Supreme Court, which has been relied upon by the courts in India on previous occasions, Indian courts need to take a closer look at the First-sale doctrine and set right the previously much criticized decisions on the issue.
The Madras High Court grants temporary injunction, and nominal damages of Rs. 50,000 stating that the First-sale doctrine can only be implemented if the same has been expressly mentioned in the Copyright Act, or in previous decisions of the Indian Courts, and that relying on a latest US judgment would be averse to public policy.
Modi Jadeja has appealed the decision to the Indian Supreme Court.
I am on behalf of Rahul Publishers.WHAT POSSIBLE ARGUEMENTS CAN I MAKE IN THIS CASE? please help