ABHIJIT VERMA
10 March 2009 at 00:37
Pls let me know in Kolkata a person doing internship and is paid by company has to pay professional tax or not.
imthiyaz
10 March 2009 at 00:06
Dear All,
Need Citation on,
LR's being striked out in Final decree proceedings using Order 1 rule 10(2),
Brief: Striking out LR's wrongly brought on record in Final decree proceedings in a partition suit
Thanks
imthiyaz
10 March 2009 at 00:03
Sir, Our muslim partition suit is pending in Final decree proceedings with 11 decree holders as sharers, AS often the case in muslim partiion suits,there are large number of legal heirs of 11 decree holders close to 200,
The preliminary decree is dated year 1960, Final decree proceedings petition is filed in the year 1989 which is still pending and has adjourned for hearing next month,
After the preliminary decree some of the defendants have sold many of the suit properties without knowledge of plaintiffs, now in this pending Final decree proceedings, some how these purchasers has been made parties wrongly even though they are not bonafide purchasers.
Some of the defendants and plaintiffs legal heirs has colluded with each other and have struck as compromise deal with one of the non bonafide purchaser without the consent of court and one of the decree holder daughter who is and LR of plaintiff , and now they are telling to court they have done compromise and this survey number may be removed from decree,
for which one plaintiff daughter has objected as she have already filed any Inter locutary application to strike out LR’s of her brother who are orphaned grand children who were wrongly added as parties while filing final decree petition, As per Mohameddan law orphaned grand children are not entitle for any share ,
when there is a dispute for a share of a plaintiff that to strike out LR’s, Judge wants to go ahead with compromise even though there is an objection to compromise , and also without disposing of this Inter locutary application, According to judge LR’s cannot be strike out in final decree proceedings it is only to follow preliminary decree and personal law cannot applied here,
But these orphaned grandchildren were brought on record when filing for final decree petition as there father predeceased the decree holder after preliminary decree ie in 1976, as the original plaintiff was alive at the time of preliminary decree she died in 1986, hence there is no question of going against preliminary decree, But the judge is arguing that these LR’s cannot be striked out in final decree proceedings,
As per my knowledge it can be done using Order 1 rule 10(2) to strike out LR’s at any stage of proceedings. our advocate has done one mistake by filing an application in only 151 cpc as he was little unsure at the time of filing now he says that is not a problem as only prayer is looked upon in an IA not provision of law, Please help how to proceed as we want to strike out thse LR’s who are not entitle for share, Final decree proceedings is adjourned fornext month.
2 )Judge cannot go ahead for compromise when there is an objection by any one of decree holder, judge cannot force, is it right.
imthiyaz
09 March 2009 at 23:22
Sir, Our muslim partition suit is pending in Final decree proceedings with 11 decree holders as sharers, AS often the case in muslim partiion suits,there are large number of legal heirs of 11 decree holders,
Some of the defendants and plaintiffs ohave colluded with each other without the knowledge and authorisation of some of legal heirs of decree holders and have executed a panchayati fariqhat with notary signature for some of the decree schedule properties and has applied for Khata change to their names on the basis of this paper without the knowledge of honorable court in which final decree proceedings is pending.
These fraud persons are running a case in the Tahsildar court for khata change for which proceedings are adjourned for orders in next hearing, I attended the previous hearing that Tahsildar is arguing even though the case is pending in final decree procedings for the schedule properties for which khata change has been applied, Tahsildar is ready to change the khata, he may be under some influence, I have filed an petition in taluk office and has taken an acknowledgement that khata for these properties must not be changed as still the case is pending.
I spoke to my advocate he says, we cannot take action against tahsildar or revenue authorities till he writes an Order and also we cannot make him party to apply for stay in court,
We want to stay the proceedings in Tahsildar court to dismiss the case till the final decree proceedings is completed, I spoke to Revenue authority, he says Tahsildar has dicriminitary power to change Khata u can cancel it again when the final decree proceedings is completed , But we don’t want to wait till fdp is completed we want to stay the tahsildar court proceedings,
How can it be done…
ambika.S
09 March 2009 at 20:57
Husband is living in Australia living behind wife and daughter and neglecting them by not maintaining them. Wife files a petition. criminal miscellaneous petition under section 125 seeking maintenance.
Husband unclaims the summons and placed exparte.
wife is awarded maintenance.
Wife files recovery petition, husband avoid the summons by unclaiming the post.
Warrant of Arrest is Ordered by the Court.
How can a warrant of arrest executed?
SARAVANAN.R
09 March 2009 at 17:59
Sir,
can any one tell me the meaning of Equitable Mortgage.
My perception is if the Company has secured loan over some assets, raising another loan or borrowings with the same asset as security. Is it correct
please clarify
saravanan
SARAVANAN.R
09 March 2009 at 17:55
Sir,
I read in one of the papers downloaded from the site, there is no salary ceiling on payment of wages act, 1936. Has the cieling of Rs 1600 per month lifted. please clarify
Saravanan
SARAVANAN.R
09 March 2009 at 17:41
Dear Sir,
I read in one of the papers downloaded from our website, that salary ceiling for provident fund contribution is 6500/- per month. Is it correct.
Then can you explain, if a person earns 10,000 or 15000 per month, contribution to provident Fund by employer will be limited to 12% of Rs 6500/- only?
Please clarify
Saravanan
Priya
09 March 2009 at 16:19
How can a will be created? Does a hand written and signed paper be considered as will?
You reply is not clear to me. I am typing the meaning as i under stood it. It is good if the will is signed by the executor and at least 2 witnessess. But by law it need not be attested or registered.
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plz tell visting shuedules and rights to father on son