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SSng Aulakh   11 January 2015 at 19:34

Civil suit bombay high court

Hon'ble Court while admitting Documents submitted by Plaintiff and Defendants, some of the documents are marked as "subject to prove"

i. At what stage of the Suit proceedings, the Plaintiff and Defendants Prove their respective document ?
ii. What method or procedure should be used to prove their respective documents ?

Mustafa Bhat   11 January 2015 at 19:34

Bigamy

Sir,
I am a Muslim married to a Muslim lady in 2007, they lady right from the very first day of marriage was arrogant & used to abuse my parents, I beared all this with the hope that the lady will change, Out of wedlock two babies are born one is dead & other is alive, As the lady didnot changed her attitude & even didnot return to her matrimonial house after the birth of 2nd baby who is alive. then in December 2009 I posted Talqnama (Divorce)& conveyed her about the divorce, she refused to accept the registered post letter which was containing Talaqnama.Then in September 2010 I married with other lady.Immediately after that the first lady filled RCR, In reply to her RCR in court I submitted that the lady is already divorced & submitted the divorce deed also,the case was later dismissed by court on the ground that the counsel of plaintiff is not pressing for it.She also filled maintenances petition for baby as she herself is govt employ which I accepted to pay. She filled FIR for 498A & 406 also which is under trial in court. She filled complain in my office also for bigamous marriage,were in two enquirers were conducted, which my department call Primary enquiry,were in the enquire office has written that the employ has divorced his first & contracted 2nd marriage without seeking permission.Then the Administrative department forwarded my case to law department for legal opinion, the law department suggested that the employ be asked to produce some order from court or some judgement from court which will show that the divorce of employ is legal & has contracted his second after the divorce.
So on these point another enquiry has been ordered against me were in my head of department has been kept as enquiry officer.
Now, my submission is
1) were from I will get the court direction as I have not given divorce through court.
2) The lady has again filled an appeal in RCR, the lady has till date not challenged the divorce.
Please advise how I will get out of this trouble.
What steps I need to take.


Anwaar Mohammed   11 January 2015 at 19:24

Rectification deed for settlement deed

Dear Sir,

I am final year law student of Madras Law College. I request your valuable proper guidance to proceed further in the following matter. My father executed a Settlement deed of a property in Madras in my favour during the year 2011.

On receipt of the Settlement Deed I approached the Tahsildhar Office for Patta. The officials of the Tahsildhar office came inspoez, surveyed the settled property. On verification of the Settlement Deed, they have informed that the Survey Number as per their record is 100 and not Survey No. 101 as stipulated in the Settlement Deed of 2011. It is pertinent to mention here that my father at the time of settling the property all the documents from 1919 onwards, in all these the documents the Survey No. has been mentioned as 101. The Tahsildhar office refused to issue patta and instructed me to furnish Rectification Deed, after that only the revenue records will be changed and patta issued.

When I approached the Sub-registrar, to execute the Rectification Deed with format, but he refused to accept the rectification deed and suggested to execute a cancellation deed of the Settlement Deed already executed during the year 2011 and to execute a fresh Settlement Deed by my father with change in the Survey No. as 101 and to pay full stamp duty of Rs. 25,000/- Plus Rs.4,150/-.

I request your good self to kindly guide me whether there are any Law, in the Registration Act, and the Rules framed thereunder or orders of Tamil Nadu Government to execute rectification Deed on nominal stamp duty and charges in the Settlement Deed, to the extent of Survey No. only.Or whether my father has to execute cancellation deed and execute fresh Settlement Deed in my favor.

I request your early reply.

Thanking you,

Yours sincerely,

Faiz Mohideen.



S. Fernandes   11 January 2015 at 19:15

Publication in news paper

Respected Advocates,

I am a lay person, representing myself in execution proceedings in Goa.

In these proceedings I have attached property of the JDs.

The attachment was carried out by beating of drums, pasting the warrant under O-21 rule-54 on the gate of the property, the court house, the collector's office, village panchayat, and the sub-registrar's office.

A) I do not know if publication is required, as the cpc does not say so. It only says proclamation by beating of drums or other customary method. However as a matter of abundant precaution, I made an application to the court to have a public notice published in the news paper in respect of the attachment. However court denied the pray, but the judge wrote on the application that public notice may be given by DH privately.

Hence yesterday I got the notice published through a lawyer who is not on record in this matter, as I felt that a lawyer's notice would taken more seriously.

On second thought however I am wondering if a publication put by a lawyer not on record may be invalid???

1) Kindly advise if a publication is required.
2) If in the present instance the publication by a lawyer not on record will be invalid.


Thank you for your assistance.

Siddhi Agarwal   11 January 2015 at 19:02

Deleting of name of deceased member

A society has issued share certificate in the name of three relatives i.e. mother (died intestate)+ son + daughter. Mother has expired on 1.9.2013 intestate and the other members on record in the share certificate has asked for deletion of her name. Pl. suggest the right procedure to be adopted.

shikha   11 January 2015 at 18:56

Compensation for the duration of pregnancy after forced resign

Hello All
Greetings....
M working in a Clinical Research Organisation which is a limited company
Recently my company asked to resign to more than 80 % employees saying that company is going to shut down. Otherwise they will terminate us. On resignation company is paying three months CTC and on termination company will pay 2 months basic plus HRA. All the employee asked to resign has been resigned.

In my case m pregnant and I refused to resign and asked them to give me compensation for my pregnancy duration coz in this situation I cannot get any job. They refused to give any compensation except 3 month CTC. At that time I asked for one day time to think about it that I should resign or not. But they refused for time and they said that either resign now or they will terminate me on same day. I resigned bcoz I was so stressed. Along with me more than 30 employees has resigned. And then they give us our full and final. They gave relieving letter of later date ( 2 months later of the date of resignation)
Now can I get compensation for my pregnancy duration? Is there any chance to get compensation on the ground of forced resignation.

Please advice me that what should I do?? Bcoz now I cannot get job and I will be unemployed for around one year.

Thanks in Advance

Dr J C Vashista   11 January 2015 at 18:40

Adjournment of case

The petitoner filed a case u/s 9 of the HMA 1955 before CJ (SD)and the respondent (wife)moved to High Court u/s 24 CPC for transfer in her place of residence. High Court did not grant stay till date. Meanwhile CJ asked the respondent to file reply which was filed on very first next date along with an application u/s 24 HMA and a counter affidavit stating the respondent is ready and willing to join.
For the last 3 dates adjounments have been granted on filmsy grounds. On 4th date when the counsel for respondent objected to next adjournment a cost of Rs. 200/-(two hundred)was imposed but the CJ refused to mention last opportunity granted on the pretext to show the law and/or ruling on the subject.
In order to support the contention of respondent to disallow further adjournments does the citations of:
AIR 1974 DEL 184; 1953 AIR 23; 1973 AIR 2684 AND/OR (2000)PLR 126 609 support the contention of respondent i.e., decline further adjournments?

Or the petitioner can drag the case as per his whims and fancies?

Prem Dhawan   11 January 2015 at 18:27

Dda plot 81 scheme

I am talking to brokers to buy (on re-sale) a plot allotted by DDA (to original allotee) under this scheme.

Those who know about this scheme may know that DDA has issued only a payment demand at this stage.

Possession/registry etc. isn't possible immediately and will be done later.

Brokers told me to agree on a price, including premium, with the broker/seller and pay the full money to the seller (by cheque or bank to bank transfer). And get the registry done at a later date.

* Is this deal safe from buyer's point of view?

* Can the seller not demand more money later? How can the agreement on price be documented and guaranteed?

* What sort of documents can be signed with the seller (immediately at the time of payment) as agreement on price and sale?

* Will the documents like Power of attorney, agreement to sell/sale, authorization to sell/sale, ... work in this case?

Thanks in advance.

ragu   11 January 2015 at 17:31

Divorce and maintenance

we were in a relationship for 3-4yrs and had consent sex. but later due to her aggressive, abusive and hostile behaviour i broke up with her. but she filed a false rape case and implicated me to marry her. after marriage she harasses me by writing letters to my superiors asking for maintenance, false accusitions and tortures me. gives suicidal threat so i dont live with her. and went to my parents house with gundas and threatened dire consequences to life and property. she is working and earning more than me. but asking for maintenance. m gng to file divorce. she is in chennai and i am in another city. pls advice me.

Member (Account Deleted)   11 January 2015 at 17:29

Civil case steps -further evidence of defendant


Respected Sir/Madam,

I have a civil case (road issues in patta land) going with my cousin and me in Principal District Court since April 2013. Now next hearing is written (online) as Further Evidence of Defendant. 1). May I know still how many steps will go for judgment? 2). How long it will to take remaining steps come to end? Please provide your valuable suggestion.


Thank king you Sir,


Yours faithfully,

Marimuthu