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Mohamed Ali   11 July 2014 at 21:43

Issues framed...


Sir. We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter. The 2 daughters filed a declaratory suit against predeceased sons children seeking declaration that only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter... hence we filed a new partition suit for seperate possesion of our 2/3 share in left over properties of our mother which are in joint possession with predeceased sons children.. Question: Whether filing a partition suit after the dismissal of declaratory suit seeking seperate possession of 2/3rd share of 2 daughters amounts to Resjudicata ?

MY ABOVE QUERY WAS REPLIED SATISFACTORILY...

Dear All,

My case NEXT DATE is for ISSUES, First and foremost issue Judge has made is Resjudicata, Do i have to file objection to ISSUE NO.1 OR i have to file application for recasting of issues and deletion of issue no.1, by giving the reason that it is not a resjudicata. In what way i have to object to the Issue no.1..

Thanks and Rgds
Ali

vikash   11 July 2014 at 20:03

Car accident

dear sir

thanks for ur response i m trying to give as much data i have. i m working in indian navy. i made a car accident on 11 march 2011 in which 5 yrs girl lost the lower part of her one leg.The case filed i arakkonam police station under IPC 279, 337 and 338 i accepted the charge in the session court Arakkonam near to chennai.i had all the documents as driving license , car insurance etc that time. court imposed a fine sum of rs 2500 which i paid. i was acquitted from the charges on nov 2011.now after 3 yrs today i received a summon from principle district court vellore in which hearing date is 22 july 2014. i could not understand the matter after three years can case be reopen.the summon copy which states as follows.sir i want to know what case he can file against me....

"CMP Notice

Hon’ble District Judge District Court: Vellore
CMPNo:27774/2014 Cr.R.P No: Nil/2014
Ayantika Ckakraborthy

Reb by her father Niloy Chakraborthy - Petitioner

(Opp)
Vikash Kumar Cheaar & another - Opposite Petitioner

To
R1 - Vikash Kumar Cheaar (180932K)
Naval Aircraft Yard, Dabolin Airport,
Vasco-Da-Gama
Goa - 403801

Service of Summon through

The Flag Officer Goa Area (for AJA)
Head Quuarters Goa Naval Area,
Vasco-Da-Gama – Goa – 403801
Hg.22.7.2014

The above petitioner petitioned in the court, in this regard if you have any objection against petitioner affidavit, you can opine in the court directly or through your lawyer on the hearing dated: 22.07.2014 at 10 am. If not so, the judgement will be on the petitioner side. (SingleSide).

The above court order duly endorsed on 3.07.2014 along with court seal has been submitted.



Advocate Forwarded by order
Senior Judicial Clerk"

Chitra   11 July 2014 at 19:59

Writing a will

Hi,

I am an unmarried female residing at Delhi. I now wish to write a WILL of my self-earned property/assets.
In my will i wish to distribute a certain amount towards all my family members including my would-be.
Since I am on the verge of settling down with my would be in near future. After my marriage takes place, will my parents/siblings or any other party lose their share as documented by me in the WILL and all the assets would be transferred to my husband (by default) or does the WILL not lose its essence and value irrespective of my status change?

Also, please advise if the WILL needs to be registered, If yes, how and where? Else can I simply write / type it on plain sheet/bond paper and keep with me?

A.C

I additionally wish to ask 2 things:

a) Can one of the beneficiary of my WILL be the executor as well? Will it be valid?
b) Although its a personal choice but as a best practice who should be chosen as witnesses for ease of settlement later? (Eg : Close relatives, best friends, lawyer, colleague etc). Are they required to represent incase of any dispute later?

Thanks a lot to all the valuable inputs posted for my query.

Dhirender Wadhwa   11 July 2014 at 18:47

Rights of non-parcner siblings & coparcners wife in huf property

Our HUF is owner of a property gifted by my father (karta). Also, income is generated in HUF through advisory/ other business by me and my brother.

Kindly help us on the matter as counsel seems confused on matter related to huf...

1. do the wifes of me and my brother (both co-parceners) have any right on the income or property of huf

2. the new law (in process) giving right to wife in husband property . if it comes in force does it contain anything related to such huf.

2. we have a sister (married) and brothers, whose names were not included in the huf deed created in april 2013. do they have any right on huf, when no contribution is made by them.

srinivas   11 July 2014 at 18:34

How to change name in records

my father passed away last yesr june and has left will leaving the house property in bangalore to my mother till she is alive and then equally to all four children.
as my mother is aged and not interested in getting into all hazalles has told us not to go to court to get decree in her name .but to mange the property it ahs become essenatil to show that she is the leagl heir as on date and hence we would like to get atleast property tax ,electricity and water bills in her name based on the death certificate of my father and his will .
is it possible to get this done without obtaining the decree and will it create any problem if we donot obtain decree from the court .

mohanlal   11 July 2014 at 18:33

Lodgment of a criminal writ petition in supreme court

I have filed a Criminal Writ Petition under Article 32 of the Constitution of India in the Hon’ble Supreme Court.

The said Writ Petition has been lodged under the ORDER XVIII, Rule 5 of the Supreme Court Rules, 1966 by the ‘Registrar Judicial – I’ of the Supreme Court.

The said Rule reads as follow:-

“The Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter but “THE PETITIONER MAY APPEAL BY WAY OF MOTION”, from such refusal to the Court”.

Queries: -

(i) What is the meaning of the word “Appeal by way of motion”?

(ii) Can anyone help me out in counseling the procedural part to appeal against the said Order of lodgement?

(iii) Any other kind suggestions in this regard, please?


hetalsangoi   11 July 2014 at 18:32

Cc - and interest statement on daily basis

we have a cc account with bank .can we ask to bank to provide the daily basis cc interest charge statement ? can bank deny? why we borrower can not ask for this documents ? what r the renmdies ?

srinivas   11 July 2014 at 18:27

Whether gap executed in pune will be valid in bangalore

sir
my mother is aged and cannot travel and stay at pune. woud liketo make GPA to her daughter to handle actvities (paying billss etc)of her house . pl let me knwo whether GAp if exceuted here in puen will be treated as valid in bangalore and whter thsi nees to be registered.

NRK MURTHY   11 July 2014 at 18:12

Caculation of man days


dear Sir,
how to calculate no of man days worked.

give me example.

murthy

SANKET UPADHYAY   11 July 2014 at 17:00

Section 24 of hma

DEAR SIR,
IN THIS CASE HUSBAND AND WIFE HAD A LOVE MARRIAGE. AND MARRIAGE IS REGISTERED UNDER HMA ACT.WIFE DOING JOB FAR FORM HUSBAND'S TOWN.THEY MET ON HOLIDAYS AND IN VACATION.TOTAL MARRIAGE LIFE IS ONE YEAR. NOW THERE IS A DISPUTE ARISE BETWEEN COUPLE.HUSBAND HAS FILE HMP UNDER SECTION 9 OF HMA IN FAMILY COURT. WIFE HAS FILED HER ANSWER.AND ALSO FILE APPLICATION OF MAINTENANCE UNDER SECTION 24 OF HMA.

WIFE HAS DENIES THIS MARRIAGE IN HER ANSWER.THIS MARRIAGE IS ILLEGAL, VOID, STATED BY WIFE. AND ALSO STATED THAT SHE IS NOT ACCEPT THIS MARRIAGE.THE CASE IS ON STAGE OF HEARING OF INTERIM RELIEF.

NOW MY QUESTION IS...
IF WIFE DO NOT ACCEPT THIS MARRIAGE THEN HOW CAN SHE WANT RELIEF UNDER SECTION 24 OF HMA.?
WHAT IS THE REMEDY FOR HUSBAND?

KINDLY REPLY.