hemanshu
02 August 2015 at 08:46
1. My client has filed a suit for partition and cancellation of sale deed. suit filed in the year 2008
but in the suit all the coparcenary members of ancestral property were not made parties. only the father of plaintiff was made party in plaint (D1) and the person purchased the property was also made party in plaint (D2).
2. suit schedule property 4 acres is ancestral property (Hindu law)
3. Property being ancestral without consent and knowledge of plaintiff the father of plaintiff sold 1 acre to D2
4. In the year 2013 chief examination affidavit filed by plaintiff, plaintiff stated total ancestral property is 20 acres and his father was been gifted 4 acres by way of registered gift deed and also stated partitioned has taken place among his father and 4uncles.
5. Actually no partition has took place till now in meters and boundaries.
6. plaintiff was misguided, in the year 2013. To state as partition has taken place among his father and 4uncles.
7. In the year 2014 again chief examination affidavit was filed by the plaintiff, here plaintiff stated his father illegally married xyz without giving divorce to her legal wife (plaintiff mother), filed by attesting related proofs,
In 2014 plaintiff also stated by making fraud his uncles,his father and his grandfather, not to give ancestral share,
grand father executed illegal gift deed (without knowledge and consent of plaintiff) in favor of plaintiff father and plaintiff 4uncles.
8. In Hindu law at the time of partition all family members must be partitioned equally as per their share.
9. Grand father of plaintiff has expired in the year 2015 january.
Grand mother of plaintiff has expired in the year 2009 may.
10. now i want to file fresh suit in the same court and want to include, because, this all things to be put in front of the court, so that all the facts which ever is missing can be known.
a) 20acres property as suite schedule property
b) ancestral house as suite schedule property
c) add all coparcenary members as party in the plaint
d) father of plaintiff married illegally without giving divorce to her first wife and also attesting criminal case filed details.
e) grandfather of plaintiff has expired in the year January 2015
f) Ancestral property related documentary evidence from 1975
g)in prayer, Cancel all gift deeds executed by grandfather in favor of his sons.
h)in prayer, cancel sale deed executed by plaintiff father
i) in prayer , till now no partition has been taken place among coparcenary members.
my doubt is
A) after filing the new suit in the same court, can i request the court to club both the cases, because this is related with same property
B) actually speaking ancestral property is not partitioned among coparcenary members but in the year 2013 my client has stated partitioned took palace among his father and 4uncles , how do i cover this in the new plaint so that limitation period not to be counted.
c) If i go for amendment of the main plaint, filed in the year 2008, body of the plaint will change, if body of the plaint changes will court give the permission?
S Singh
02 August 2015 at 04:17
I had bought some shares of X company from its seller by paying him cash and got them transferred into my demat account vide an off-market shares transfer.
But subsequently the seller denied that he received any cash against the shares and lodged a false FIR against me for forgery of the Transfer Instruction for Delivery Slip which was filled by me and signed by him.
Thereupon the Senior Inspector of Police sent a letter to my Depository to keep freeze upon the said shares till the Judgment in the case comes.
The seller thereafter also filed a suit against me and my depository participant claiming forgery and fraud and for recovery of the said shares, its dividends, accretions and further compensation.
I have been made defendant no. 1 and the depository participant as defendant no. 2.
In that suit the Court had made an interim ex-parte order to the defendant no. 2 to maintain status-quo with respect to the said shares where neither me nor defendant no. 2 was present.
Thereafter the criminal court erroneously convicted me and in its Judgment sentenced me 3 yrs. imprisonment, fine of Rs. 4000 and also ordered me to return the said shares to the seller after the period of appeal is over.
I immediately within 30 days of the order filed the appeal which is till date pending.
Thereafter as the Senior Inspector of police had earlier sent letter for freezing the shares till the Judgment of the Court comes, and when it had come he again sent letter to my Depository stating its previous letter’s reference and that "the Magistrate had ordered the accused to handover the shares to the informant after the period of appeal is over." and now not to keep freeze upon those shares.
But surprisingly my Depository after receiving the said police's letter themselves calculated 60 days from the Judgment order and without taking my signature and authorization ordered my depository participant to unfreeze the said shares and transfer back to the seller’s demat account breaching my agreement with them and Court’s status-quo order.
The depository participant abided by that order and transferred the shares from my demat account to the seller’s demat account and closed my demat account.
Now when I ask my shares to be kept into my demat account or compensation, my depository participant and depository states that they shall not do so and that they are not liable but the seller with whom my dispute is pending is liable to delivery/compensate for the shares’ loss as they have given it to him.
I have come to know vide a Supreme Court Citation case, that I can’t claim anything with respect to the breach of Court’s status-quo order as it is only the plaintiff’s right to claim upon the breach as it was taken out by and for the plaintiff (seller) for his benefit and that only he can obtain remedy with respect to that. Also the seller is not taking any action with respect to this as he has benefited out of this.
The seller has alienated the said shares and I don't know in whose name he has transferred/sold but I know for sure that now I can’t ever recover those shares or its price from him as also he has not kept a single shares/penny in his name.
Firstly, Will it be viable if I file an independent suit against my depository participant and depository for breach of contract and to seek compensation or do I have to seek justice in the seller’s suit itself or where my criminal appeal is pending?
Secondly, Am I entitled to get the highest market price of the shares achieved between the breach date and the compensation realization date along with the accretions and dividends and further compensation for pain and suffering, etc? How much and from whom?
Thirdly, Will I have to wait for the ongoing cases Judgment in order to get compensation?
Fourthly, Is getting compensation dependent on my winning or losing the ongoing cases?
Fifthly, Any suggestion/remedy counsel may give shall be highly appreciated.
Anonymous
02 August 2015 at 03:13
I was married in november 2014. i am 24years old i am from mumbai and he is from uttarpardesh west. It was an arranged marriage. I had a kidney stone operation earlier because of which my hymen was damaged before my marriage. My parents informed this to my husband before marriage about my surgery. In spite of that since our first night my husband is suspecting me of having had intercourse before marriage he is not ready to believe me in any case . He wants me to tell him names of my past relationship n beats me n tortures me both physically and mentally if i disagree. He suspects me of having a relationship with my cousin.. he told me to speak to my cousin and heard the conversation, than he told ok i am sorry i was wrong. Asking me call him again and confirm if i retaliate he burns me with cigarettes and cuts me also beats me with belts . I was not allowed to speak to my parents .. if i speak when they call on his phone he would hear it and tell me to not complain about him. he didnt allow me to go to relative function or my parents house or talk to anyone he would monitor all calls and movements even when i used the washroom. He has forcefully recorded my audio making me falsely confess to having affairs before marriage which he can use as evidence against me. I hav several marks of cigarette burns and cuts and wounds all over my body. He had also removed my naked pictures n shot videos with which he blackmails me to obey him. I am right now at my mother's house my father bought me from there. and am seeking help and guidance for my good future life with him or to punish him very severly . my parents is upset seeing me and cries, now they dont want me to go there again. they hav expend a lot on my reception.........
also guide can i do medical as i just came 4 days back to my parents house and my cuts are 3 months old. .....as this is the only proof i have
chandrababu
02 August 2015 at 03:07
Hi sir this is chandrababu from tirupathi ap, plz help me i won tha 498a case july 31st. i done by mca but my father in low going to district cout how to stop that one.bcz alredy my creaer lost plz help me
avneesh
02 August 2015 at 03:01
some individuals and partnership firms are providing following services to uttar pradesh power corporation limited(u.p.p.c.l.).... 1- maintenance of garden 2- re-filling of oils in transformers 3- Maintenance of Electricity power wiring(cable) 4- ready electricity polls 5- ready electricity lines 6- maintenance of electricity wires & polls 7- install transformers in all above cases labour, workers, mechanics are provided by contractors but all type required inputs, materials are provided by department(u.p.p.t.c.l.) Query- now plz tell me that in which category, these above services should be classified ... 1- manpower 2- works contract 3- erection, commissioning etc. e-mail-: avneesh.bibhu@gmail.com plz help me
JAIME
02 August 2015 at 02:45
I had filed a Civil Writ Petition under article 227 of the Constitution of India with regards to partial framing of Issues which was rejected by the High Court of Bombay at Goa. However the Order is still not made available either to seek Review or Appeal. The Bombay High Court rules - Rule 296 - Judgment how passed - (ii) A judgment delivered by the Court, when initialed by the Judge pronouncing it, either on the transcript of the Judgment or on the approval sheet attached to it, shall be final Judgment of which copies could be supplied to the parties or their Advocates unless the Judge delivering it desires that he want to have a fair copy of the Judgment for approval. in the later event, the Judgment shall be considered to be final when the fail copy is approved and initialed by the Judge. Its now 30 days still waiting. What can I do to expedite this judgment?
David
02 August 2015 at 01:26
Dear Experts
Just got divorce from Principle district court and I suspect my ex will go for an appeal. I have 2 question.
1. Whats is the time limit for appealing in HC for my ex. IDOP case filed by me and got order in favour of me.
2. If she appeals, usually how long it will take to decide. It took 4 year in district court and i fear fear it might take years in HC. Please advise
Vivek
02 August 2015 at 01:10
hello Sir..MY SELF VIVEK.sir i need ur help in a matter regarding decree : that the decree holder filed the execution proceedings The present execution proceeding were ordered to be transferred to the court of Principal civil Court/ District judge, mumbai through District Judge Ludhiana,. Despite best efforts of the decree holder the said execution file is not traceble till date in mumbai courts.
Help me urgent
Regards Vivek
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