gopinadh
11 September 2015 at 19:22
Sir, The old aged mother filed dvc petition before jcj court for maintenance and other reliefs against her sister in law after death of her son. so whether is it maintainable in eye of law under dvc act if so please clarify
P Patel
11 September 2015 at 19:11
My father is youngest among his 4 brothers. My grandfather expired well before my father's birth.
2nd no. Brother migrated to Mumbai in 1965 in hunt of livelihood. Later on 3rd no. Brother then my father migrated to Mumbai and they all started working together.
After they accrued some money jointly they got a plot registered under the name of 3rd brother in around 1980.
In the same plot my father was having hotel and other two brother jointly work in their textile printing, the work which all 3 used to do earlier. The income generated from all source was sent to native to eldest brother and he has registered many plots in all four brothers name.
1)Now share is denied by 3rd brother in the plot registered under 3rd brothers name.
2)None of them were married when plot was registered, except eldest brothers looking after native.
3)There is lot of evidence by which joint family can be proven, and non of the other property is partitioned, yet. Same house in native.
4)How to proceed to get justice, to get equal share for all brothers in the property registered under 3rd brothers name in. Mumbai.
5) Documentary evidence is difficult to get that they worked together, except witness
ishan
11 September 2015 at 18:50
Is sexual intercourse is required to establish adultery??
Or Adultery can be proved without having an intercourse??
Law Querier
11 September 2015 at 18:43
The petitioner executed and notarized power of attorney for divorce proceeding in India and then after the petitioner left to foreign country. The petitioner lives in foreign country.In one of the sentences of the power of attorney deed the petitioner states,” I have given power of attorney to my father to appoint, engage on my behalf pleaders, advocates and solicitors and to discharge or terminate such appointments”. Then the P.O.A. holder of the petitioner obtained the permission of the family court to engage/appoint the advocate, appointed/engaged an advocate, put the vakalatnama of the advocate and signed & filed the divorce petition u/s.13(1)(ia) of the Hindu Marriage Act in the family court of India.
Que 1: If the petitioner wants to represent by an advocate for family court proceedings, is it mandatory to obtain permission of the family court again though the POA holder obtained permission of the family court earlier to engage/appoint the advocate and for the reason that the power of attorney deed is executed only to engage/appoint the advocate and not to represent by the advocate?
Que 2: If yes in question 1, is it mandatory that the petitioner have to appear in person in family court of India and then obtain leave of the family court to represent by an advocate for family court proceedings?
Que 3: If yes in question 1, Can P.O.A. holder (behalf of the petitioner) obtains the permission of the family court to represent by an advocate for the family court proceedings?
AV
11 September 2015 at 18:00
Dear Sir,
i need your help to resolve this issues, please read it and suggest.
Person got married in 2010, he blessed with baby boy in September 2011, in 2012 while his wife went for second pregnancy test he came to know that she has HIV, after few months, he understand that her father died with HIV and her mother also suffering HIV. he approach court of law, after multiple years, court confirmed that he is fine and it's not infected her through him, and kid don't have HIV luckly, through the confirmation of AIDS board, then they she and her family stopped attending court with false reasons and they keep postponing by showing medical reasons, years passing but no result, as per advocate suggestion, he paid full time alimony for Kid and her and took divorce and leave the kid with them, after few months, she come and return kid completely to him and gave letter saying that she is not able to care the kid, and by thinking his future she is fully agreed to left the kid with father, after that she made suicide drama for cancelation of divorce and wanted stay with him, which did not work then she keeps silent, it's been more than 6 months kid with him and kid slowely not showing interest to meet his mother, and happily going to school, recently she came and he allowed them to have one day with her, but she started asking for more days with her and asking to visit house and school and creating Hungama, then he denied and expressed he would not encourage such things. then she started asking the boy return, otherwise she would file the case, and she will not withdraw the case at court which she file before divorce and suppose to withdraw as per divorce agreement, which is pending from more than year, can you please suggest what he needs to here, please.
Anonymous
11 September 2015 at 17:53
I am a J.E. in mp state electricity board my dept lodge an fir against me that I have taken money from consumers but don't deposited . only on basis of statement they never complaints against me it is dept officers who want to take revenge from me of a hottalk for not taking action against a line man against whom I find 6 lakh rupees gaban. But they met with him and same allegations apply on me and suspended me without giving any reason at once and lodge an fir without my knowledge.they do not listen me till now . and doing one sided action . and made that line man as a govt representative . I have applied for anticipatory bail in session court but it rejects it. And now I have applied it in high court .what are the chances of getting it. Total allegations of 3.76 lakh rupees. What are points that make my case more strong. I have some evidence before suspension of some rupees 2.33 lakh rupees.
Ravi Chand Garg
11 September 2015 at 17:51
Haryana Urban Development Authority had acquired my land measuring 1270 Sq yards in 1987 under LA Act 1894. After long litigation in the Hon'ble P&H High Court it was released in 1991 as similar other lands were released.
However Haryana Urban Development Authority again issued Notification Under sec 4 Of LA Act 1894 for acquiring the same land in 2001 . After long Litigation the same was released on 23.5.14 by the hon'ble P&H high court due to applicability of Sec 24(2) of LA Act 1914. The court put a restriction on sale or construction for one year giving the the acquirer one yr time to a time to acquire again .This time has also ended in May 1915.
Now we have learnt that Haryana Urban Development Authority is seriously considering to Appeal against the High Court Judgement. This has put serious doubts in the minds of people, as no body wants to purchase this land and I also feel reluctant to do any construction.
My query is
1) Whether they can Appeal even after more than 15 months have passed after the high court order. Normal time for appeal is 3 months.
2)Whether the HUDA can acquire the same land again and again and put the land holder in trouble.This way HUDA can indefinitely go on acquiring land again and again and put the land holder to perpetual litigation
3)Is principle of RES JUDICATA and Estopple not applicable to land acquisition. A representation sent to CHIEF Minister Haryana recently giving more details is attached
R C GARG
Vennila Kumar
11 September 2015 at 17:00
Sir
I was working as steno in Advocate Generals office (State Government) for 14 1/2 years thereafter through KPSC I got selected in Karnataka Govt. Secretariat for steno post only. But I was eligible for 15 years time bound advancement in the month of August 2013 and I had joined the new service in the month of December 2012 and it was through proper channel only. But they have not accepted my request and have given an endorsement on the basis that there is no determination of seniority. I donot understand this concept. I have come through proper channel only my service benefits are carried out from my initial service, pay has been fixed as per my previous service. But time bound has not been given. Pl. clarify. Pl. provide the judgment if it is available.
DKTAZILANOM9909
11 September 2015 at 16:53
Dear Sir,
My friend is working in a PSU. He has two brothers working as Govt. servants. His father is a retired teacher drawing a pension of Rs. 10500.00 per month. Earlier his father was residing with him. Recently his father started living separately with an old lady claiming that he got married to that lady. Now his father has claimed maintenance charge from my friend stating that he is unable to maintain his daily cost of living including medical expenses with that pension amount. In this regard it is to be mentioned here that my friend’s did not claim maintenance charge from his other two sons. My friend has requested his father to stay with him and take medical facility from the PSU as his father is entitled to get medical facility from the PSU. But his father refused the same.
My query is that in this situation can my friend’s father claim the maintenance charge from my friend only?
If yes/no, why? If yes, then how much as my friend’s annual income (Cost to company) is 15 lakh per month.
Regards,
Swapan
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Jurisdiction
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