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M Satyanarayana   27 August 2014 at 15:11

Mesne profit in partition when co-sharer is not in possession

Sir/Madam,

I am holding preliminary decree in a partition suit passed by High Court wherein I was given relief for mesne profits from the date of institution of suit i.e. 1979 till final decree which is still pending in the trial court. Defendant has occupied and used the property exclusively for himself and enjoying the property pending the partition suit. I have filed the final decree and mesne proceedings simultaneously and both the I.A.s are pending.

I am living in a rented house pending adjudication of partition and division of property. Can I claim interim mesne profit or any other relief pending final decree or part satisfaction of my claim..

Please kindly advise whether I am entitle for mesne profit before final decree or any other relief during the pendency of the partition suit.

Thanking you,

MSN

anupam sharma   27 August 2014 at 15:09

Railway matter


I was in receipt of letter dated 22.07.2014 to pay punitive charges Rs.15,02,342/- and the annexure to the said letter depicted net chargeable weight as 2757.33 tonns whereas actually the railway receipt no.212000176 duly issued by RAILWAY department clearly states the net chargeable weight as 2652.000.
It is pertinent to mention that the worksheet attached with the demand note shows that 158.300 Tonns of material was excess loaded in the rake whereas the actual material received by my client is 2643.560 Tonns i.e 8.440 Tons short as per the loaded material shown in the railway receipt (2652.000 Tonns). Also, the bill issued by seller shows loaded material as 2650 Tonns.
A letter was received from railway in which it was stated that Railway is not satisfied with report sent by my client and my client is requested to pay punitive charges Rs.15,02,342/- within 7 days otherwise next delivery of consignment of my client will be held up and railway would collect above charges under section 83 and 84 of 1989(Act).
What should I do? Any remedy before railway tribunal?? Or a civil suit lies?? Or direction matter/writ lies before High Court??

Sahiba Khurana   27 August 2014 at 14:00

Different pleadings in the appeal u/29 dv act

Dear Experts

There was a maintenance order in DV case and to which husband filed an appeal in Sessions Court. There are 3-4 points where the pleadings in the appeal are different from his Income Affidavits and Written Statement in lower Court.
Are there any judgments of dismissal of appeal on this ground of different pleadings?

pradeepkumar chand   27 August 2014 at 13:41

Share of property

Sir ,

My mother in laws has purcahed a land out of the money from her parents exclusively & constructed a building on 1/3 portion of land by incurring expenes funded by by father in laws from his salry in come . All the revenue tax , electricity has been deposited in the name my monther in law for last 20 yaers . But in good faith. in advetently in the sale deed on land , the name on wife of First brther & Name of second bother has been mentioned . Both have not contibuted nothing for puchase of land & house . All documents envidecing expenditure incurred by my mother in laws are available .
Can my mather in laws will be able to get relif in court of laws & the ground for her support.

Kindly l

khushbu   27 August 2014 at 13:38

Foreign nationals employment in india

Can a Sole Proprietor based in India can employ a Foreign National as an employee in India?

Can a Company and LLP employ Foreign National as an employee in India?

Also if it is better to go for company or LLP in case they want to employ more Foreign Nationals in India?

Thanks in advance.

amol   27 August 2014 at 13:35

Securitisation act

Sirs I immediately want or need a Copy of Notification Issued by the Govt Of India details of which are mentioned below

notification dated 28-1-2003, which reads as under:

NOTIFICATION UNDER SECTION 2(1)(c)(v):

NOTIFICATION No. SO 105(E), DATED 28-1-2003 In exercise of the powers
conferred under item (v) of Clause (c) of Sub-section (1) of Section 2 of the
Securitisation and Reconstruction of Financial Asset and Enforcement of Security
Interest Act, 2002


I tried level best to get it from google but not getting

Sirs please kindly send the official attachment of the said Notification

Thanks

Basavaraj   27 August 2014 at 13:20

Release of theft vehicle from police

What is the procedure to claim theft vehicle from police?

1)FIR is done when vehicle was stolen.
2)got the call from police that they found theft vehicle after 2.5 years.
3)What are the legal formalities to take back the theft vehicle from police?

Thank you

waiting for valuable suggestions.

Dheeraj Kaushik   27 August 2014 at 12:47

Time limit

time limit to file an review application under section 7B ag. the order passed under section 7A.

Is dictrine of res judicata apply to Writs

Dheeraj Kaushik   27 August 2014 at 12:26

Limitation period

Sir,

What is the limitation period to file an appeal against the order passed under section 7A of the EPF ACT.

Ajay Kochar   27 August 2014 at 12:21

Regarding cheque return

Respected Sir's, I requier your help in a matter in which we as company received a cheque from the customer situated in trivendrum. The said cheque we deposited in Ahmedabad as our head office and registration of the company is also in ahmedabad and it comes returns with the reason of insufficient fund. Now the question is weather there is any verdict of the supreme court regarding lodging the case under Negotiable Instrument Act Section 138 in that jurisdication only from where the bank and branch situated for the cheque which we received like we received from trivendrum, we need to lodge the comaplaint in trivenrum? or can we lodge the complaint in Ahmedabad only.

Request you to revert on the same.

thanks in advance