Bindu
24 June 2014 at 16:27
Dear Forum,
An arbitraion was filed before arbitator for recovery of dues, accordingly award was passed in favour of financial institution Thereafter Execution application was moved for attachment of property to recover due, however during the pendency of Execution, chamber summon was filed by father in law of the Judgement debtor stating that propert belongs to father in law and not judgement debtor.
Soon said financial instituion made application for withdrwal of Execution before High Court, however High Court levied cost on financial institution to be deposited in eight weeks on Decree Holder because of the hardship caused to father in law the applicant of HCamber summons as he was a senior citizen.
Now 12 weeks have passed and fainancial institution failed to deposit the cost within eight weeks or ask for reduction in cost, meanwhile father in law who was the applicant in chamber summons through his advocate has sent notice tht they will go for contempt .
so in this case what can be done to save financial instutution
Rahul Metha
24 June 2014 at 14:41
Dear Sir,
mine is a love marrigae and got married in 2011. within 4 months of marriage my wife left the house (witness her mother, 3 ladies and one police constable) for which i have filed a private case immediatley in court. The matter is pending till date.
Later on my lawyer joined hands with my wife and filled Domestic Violence in 2012 against me and my family after 8 months from the incidence. Interim order is done.
Now 6 months back i received one picture through Whatsapp in which my wife was there with very less clothes, face was deleted from the picture, but the place of picture was its own house and it is very easy to identify her. I didnt paid much attention as i do not to use such things for divorce.
Again 3 months beofre i received on more picture in which face is not displayed but as a husband i can easliy recognise her. it might be difficult to prove this in court.
Now a week back i received one more picture in which she is kissing one person (no clothes). 70% of the face (right side of the face) is clear rest is deleted. futher the other person picture is not much clear but i recognised him as i know him very well. Also it is clear that person have intentionally forwaded such pictures through whatsapp etc.
Does this pictures will be strong proof to file divorce case. further will the court ask for the source of pictures as i do not want to disclose the same as it is received from my friends through forwaded messages.
She had demamded 10 lacs for divorce or she wants to come back either of the two.
I want divorce and do not want to pay a single rupee as she had left the house.
Also am not much comfortable to put such things against my wife on paper. Please guide as to what should be done. Am going to court from past three years and nothing is clear. can i file a complaint against her in any other forum etc.
request to please guide in this matter.
regards
AZAD
24 June 2014 at 14:35
Is a Hindu male ancestral property of his father is also taken into account if such Hindu male gives divorce to his wife alongwith permanent alimony.
Suresh Babu Rai
24 June 2014 at 13:18
Sir,
My client X is a senior citizen aged about 73 years. He had two daughters. He was intended to give equal share to his two daughters after his demise. Elder daughter and younger agreed to provide maintenance to X six months each in every calendar year.
Elder daughter 'A' has taken the X to her place as agreed by her to provide maintenance to X. A has taken the X to Registration Office and got executed a Gift Settlement deed in her favour in the year 2010 itself. X, who is a poor illiterate having had faith and without knowing the contents of the Registered Gift Deed has signed on the Gift Deed. He was under impression that the process are for his old age pension. Even he did not disclose the same to anybody till 2001.
That when the X turned to 'B', younger daughter, he deposed that the 'A' has obtained some of his signatures showing the Registration Office. It has come to notice of B and X that, the A has got a Gift Deed in her favour for entire land of X without offering half share to the B.
A panchayat was held in this regard, but the A has refused to give half share to B. Now the X is with B and they have got executed a cancellation of Gift Deed executed in favour of A. A was not a party to Cancellation Deed.
Now basing on the cancellation deed can X file a injunction suit against the A to not interfere with his possession. The revenue records are mutated in favour of A and now X has applied for its rectification.
Suggest me sir.
Ramesh Kumar Pandey
24 June 2014 at 13:16
Dear sir,
We have purchase a Old Building and there was a Four Tenant and out of four one tenant agreed to leave the one room with some money So my question is can i make legal paper or not or advice me what is the procedure
Advocate Ravinder
24 June 2014 at 12:55
Dear Experts,
Disputes arose between wife and husband. Both are Hindus. Wife went to her parents house and filed maintenance case against Husband. Wife is unemployed and household. I would like to know how the maintenance is calculated. Husband is working in DLRL, Hyderabad as a scientist and drawing a monthly salary of 60 thousand net (after department deductions).
Out of that he is paying EMI for Housing loan of Rs.10.000/- pm, Personal loans EMI Rs. 15,000/- per month, House Rent Rs. 12,000/-.
Apart from that he is having his self acquired immovable properties of 2 buildings in Bangalore and he is getting Rs. 40,000/- from one building and Rs. 30,000/- from another building, totally Rs. 70,000/- as rents.
Apart from the above, he is having 2 open plots worth Rs. 70 lakhs (Rs. 40 lakhs + 30 lakhs) of his self acquired roperty.
Wife status is that she is of middle class family and her father is working in Postal department and drawing a salary of Rs. 35,000/- and her mother is a Bank employee drawing a salary of Rs. 30,000/-.
I request the Honble experts to give me accurate calculation of maintenance as per the figures above mentioned. Will the above rents of Rs. 70,000/- and the cost of open lands of Rs. 70 lakhs will be taken into consideration for calculating the maintenance.
sony
24 June 2014 at 12:38
Thank you sir.Even if the house is in the name of brother,do we all 4 heirs have equal share in that house??
Regards
JAGDISH j FADNAVIS
24 June 2014 at 12:15
my father acquired three room chawl under pagdi sytem and under old rent control act in the year 1940s we are four brother and seven sisters.He expired in 1968 lateron rent receipt was transfered to my mother.all brothers and sisters are married.all brothers sometime or the other stayed here and stayed out as family was growing..MY mother expired in 2003 at the time 3rd brother and his family and elder brother son was staying...later on third brother got divorced and moved out and eldest brother was staying..now moot point is building is very old about 88yeras and is in a serious conditions..many builders hand changed without any development..now most of the residnets were given compensation by the new builder and went away..now the comensation received is tobe shared by the existing elder brother or tobe shared between all..please ANSWER FROM LEGALITY POINT OF VIEW AT THE EARLIEST AS WE ARE ONLY THE RESIDENT REMAINING IN THE BUILDING AND ELDEST BROTHER IS REFUSING TO SHARE THE COMPENSATION
PRAKASHCHANDRA MARU
24 June 2014 at 09:01
hello all learned members
That the representative (who are elected members of trust) of trust lodged ex-5 application before assistant charity commissioner to stop the trustee to do activities which are not stated in the trust deed. Below the application of Exhibit -5 joint charity commissioner passed order not to do activities which are not stated in trust deed. So the trustee whom against the order passed , among the all trustee the secretary published the public invitation to particular caste and stated that among the all progrramme one progrrame will be not performed because it was stopped by the way of representative with intention in this way secretary mislead to caste members and defamed to representatives now I would like to lodge defamation complain before court query is as here under
1) Can I joint as accused secretary only or the all trustee who are against representatives ?
Please suggest me
Regards
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jurisdiction
In Distt. Consumer Forum which citation is applicable decided by High Court or National Consumer Forum? In my case National consumer Forum citation is in my Favor and High court citation is against my case. In opinion of President of Distt. Consumer Forum, High court citation is applicable because of Art. 226 & 227 of constitution of India. Kindly suggest any citation about above.