RAMJI
01 December 2013 at 04:07
Dear experts
This is in a MC case filed by wifepw1. now it is in stage of cross by husband on pw1.... just one cross session over and adjourned for next hearing date.... meantime husband found that some of the answers by wife during cross was denying.. example husband showed letter from school principal saying that Pw1 was employed BUT WIFE DENYED AND OBJECTED TO MARK... likewise some other item also denyed by wife inspite of records....now husband wants to SUMMON THOSE OFFICERS/THIRD PARTIES WHO IS IN POSSESSION OF RECORDS OF EMPLOYMENT /PROPERTY ETC using sec91 crpc....
questions are
1. should husband file a petition -affidavit (similar to I.A) as M.P in M.C showing husband as Petitioner/Respondent and wife as Respondent/petitioner?
2. if it is MP in MC, the list of third party officers to be arrayed as RESPONDENTS? OR to simply list them as identified witness with address who is in possession of documents?
3. prayer is to be for orders to summon the identified officers as witness to produce documents to court?
4. should it be filed after completing cross of pw1 or during the course of cross as parallel
5. While filing, should husband file with necessary white copies for third parties too along with BATA /service form filled for effecting service thro court?
6. any other views pls
REgards
Ramji
ABDUL RAZIQUE
01 December 2013 at 00:33
Dear Experts.
A consist a Hindu family, father mother and sister, he bought a property by the fund of his father,after purchased the property Mr A died without intestate.
My question is after the death of son his father want to sell the said property, can he do so if yes how it is possible.
Regards
Thanks in Advance
jalesh
01 December 2013 at 00:31
Dear experts,
I need ur as usual,valuable legal advice.i m putting it point wise.
Informations:
1.I m living separately for more than 12 month from my spouse out of 21months of married life .we met twice in this duration.
2.we have 5 month old daughter.
3.i m working in a public sector bank.
4.i have finally decided to go for divorce.
QUERIES:
i m getting threatening from spouse for facing the music.she is threatening of involving my parents too.there r some fund trf to me n my parents a/c from her father's a/c.
1.what can she do? plz tell all d possibilities.
2.how should i and my parents be prepared to face her such possible acts.
3.what may happen to my job if she files a police case.
4.should i put prior intimation to police of any expected false dowry case(u/s 498a)against us.any other step regarding such expected act.
5.what should be my plan of action if contested divorce after dowry case.
6.can court grant custody of child to me if she wants/agrees.
Sneha Gopalakrishnan
01 December 2013 at 00:06
My father and my mother are joint owners of a house in Kharghar. Post my father's demise I would like to get the ownership of that house retained solely in my mother's name.
Apart from my mother, my father has only 2 more legal heirs,i.e.,me and my younger sister.The society of that building is yet to be formed as it is a new construction and only few families have settled in there so far. Kindly let me know the procedure for the same.
shailendra
30 November 2013 at 23:30
Sir,
What remedy is available to a person whose house has been burgled and police fails to nab the culprits. FIR has been lodged u/s 457 & 380 of IPC for more than a month. As Income Tax payee and payee of all other taxes what rights a common man has with in the frame work of law.
Friend help
30 November 2013 at 22:53
Our was a love marriage with the consent of our parents 4 years back. I am a Christian and he is Hindu. We couldn’t stay together due to so many differences in opinion and our unresolved problems became life long issues. Now I am staying alone for more than a year in same city and even though we tried to patch up differences kept coming in between us especially related to his mother and other issues. Now we have decided to go for divorce. Need your help to know the procedure problem is-
•We didn’t got registered marriage
•We married in church where he converted in Christian and we also married as per hindu religion.
In such a scenario what is the procedure? Do we need to file a divorce case in my native – where church marriage took place or can file in the place of residence of my husband. Please help me.
santanu panda
30 November 2013 at 21:21
DEAR SIR,
RECENTLY DEPUTY COMMISSIONER OF INCOME TAX ,CPC -TDS HAS ISSUED AN INTIMATION U/S 200A REGARDING LATE FILING FEES U/S 234E OF RS.52000.00 TO ME.
QUESTION IS THAT CAN I MAKE APPEAL AGAINST THIS INTIMATION TO HIGH COURT?
WHAT IS THE PROCEDURE TO APPEAL?
Rajat sahotra
30 November 2013 at 21:10
The owner of vehicle lodged FIR qua theft of vehicle.
Thief caused accident with the stolen vehicle and killed someone.
In claim petition under MV Act thief was ex parte.
Insurance Co say that there was breach of policy as the thief was not having any valid DL as he has failed to come and produce any DL- Adverse inference to be drawn to this effect.
More so thief was not an agent of owner who is to be indemnified by insurance.
whether insurance is liable to indemnify for the accident caused by thief and pay compensation?
M Sudhakar
30 November 2013 at 19:38
Sirs,
May I know the difference between a Provisional Booking, An Agreement , Renegotiated Oral Agreement ( Implied ) and a contract
and also
Difference between specific performance of a contract and Specific performance of agreement ?
D2 ( Bonafide subsequent buyer) has been accused of collusion with D1 ( Builder )by plaintiff whose written agreement with D1 has been cancelled due to non payment of any installments after provisional booking but a month or so after cancellation notice served on the plaintiff, payment for one of the pending installment was accepted by D1 ( in good faith that Plaintiff will clear all dues soon as he promised ) and also issued a letter to inspect the under construction apartment and suggest internal alterations if any through which letter the plaintiff now claims that the builder implied that the builder agreed to new orally renegotiated terms to receive all remaining dues ( nearly 80% of total sale consideration )after completion and intimation of the alterations in the apartment - The Builder in the mean time vexed with the delay - sold the apartment to subsequent buyer D2 without informing D2 of the said previous agreement
2 years After registration and taking possession of the apartment D2 receives court notice to be impleaded in the suit for specific performance of agreement against D1 or face exparte hearing
D2 on advice of his lawyer got impleaded but plaintiff changed petition to collusion between D2 and D1 and sought cancellation of registration in favor of D2
D1 in his counter claims D2's registration is valid and executed before the plaintiff filed his suit and more over Plaintiff did not pay any court fee for cancellation of registration which would make it a suit for SP of contract while his suit is only for SP of agreement and that the plaintiff's agreement was cancelled due to plaintiff's failure to pay installments despite the many opportunities given to the plaintiff on his request to clear his dues
In light of the above what is D2's burden of proof ?
and how helpful it is to D2 that Plaintiff while now seeking cancellation of registration, did not even pay court fee for SP of Contract and paid court fee only for SP of agreement ??
Thank you
Sudha
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