Thyagarajan
29 May 2010 at 14:27
Application of the SC judgment Appeal(crl) 402/2005 to the cases on sec 340 and 195 cr.pc gives appellants or respondents the option to approach the Criminal Court directly without asking for the court (in writing) ( before which offences under sec 195 cr.pc were committed ) to forward the same to criminal court under sec 340 cr.pc.
I would like to know whether any one had tried this and got benefit.
Our partition suit is still pending in Final decree proceedings, In this pending final decree proceedings some legal heirs of one 3rd plaintiff who are not entitle for share as per Mohammedan law have been brought on record as Legal representatives of the plaintiff along with the real LR's for which the real LR’s did not object at the time allowing of their LR’ application, Now the FDP court is not ready to decide In terse dispute among legal heirs of plaintiff dismissing our Interlocutory application in trial court and the writ petition is also dismissed in high court saying even if the non legal heirs are on record as LR's of plaintiff will not create any right for them as we have not objected at the time in 1986 when they were brought on record as LR's in the still pending Final decree proceedings now they cannot be deleted.
As the above perception of both trial court and high court is very much wrong, beacuse subsequent after the preliminary decree has to decided in the final decree proceedings, but the court instead of decided here in the pending final decree proceedings it has pushed us for separate suit which will be multiplicity of proceedings moreover here a original plaintiff died after the preliminary decree her Legal heirs were brought on record while filing final decree petition only, during which some wrong Lr’s were also brought on record…
Question: If final decree proceedings is completed can we go for Appeal to delete these wrong Lr’s from the petion of final decree proceedings. But for that we have to wait till the final decree is completed.
What are the remedies for us, as the trial court and high court has rejected our plea to delete these wrong LR’s in this pending final decree proceedings itself.
2)Can we file one more I.A in this pending final decree proceedings saying that these wrong LR's cannot represent the original plaintiff even though they are on record?
As the court has pushed us for seperate suit...
we have filed a Separate declaratory relief suit 1 month back, to declare who are the correct legal heirs who can succeed in the property or share or anything which is in the name of 3rd plaintiff so that later we can club the result with the pending final decree proceedings if it is still pending till this suit is completed...
Any comments on the the Registration Act of Mauritius categorising the notice under the Land Acquisition act of that country as a deed of transfer of property and stipulating it as compulsorily registrable?
http://www.gov.mu/portal/goc/registrar/file/regist.doc
A CONSOLIDATED VERSION OF
THE REGISTRATION DUTY ACT
(Act No. 17 of 2007)
"deed of transfer" -
(a) means a deed witnessing the transfer of property with or without consideration; and
(b) includes –
(i) a notice witnessing the compulsory acquisition of property under the Land Acquisition Act;
Member (Account Deleted)
29 May 2010 at 13:15
facts of the case : my client aged about 76 years, an old lady had purchased certain medicines from one medical stores. that, storekeeper deliberately and intentionally supplied one drug inter alia which was expired by 2 years then. not only this but to escape the liability he got printed on the bill a different batch no.this fact was revealed subsequently by my client after she suffered from variegated ailments pursuant to such an expired drug. i made a complaint to the food and drugs department. they hardly did anything. besides i filed and application under RTI to seek the information about the passage, transfer and delivery of the said drug which was expired and information about it through its batch no. the information was asked inter alia other questions. other questions were answered bu the main question was not answered. orally the RTI officer said the records are unavailable. now the case is fixed for final hearing before the consumer forum. i have also sent notice to the company of the said drug which was expired asking about the delivery of it through its batch no. but no response. how do i prove before the consumer forum my case as the shopkeeper now says that he never had the said expired drug and therefore he never had an occasion to sell it.
Anonymous
29 May 2010 at 12:41
Sir
husband left the house 10 years back and living in haridwar as an saint.wife and grown up children staying in the house (in delhi)purchased by the husband and also on his name.Wife want to transfer the title on her name because husband threatens to sell that house.Also husband is a pensioner and not giving a single pie to his wife or chidren.I have two questions from the learned lawyers.
1. Can wife or children file a suit for claiming the house in delhi which was purchased by husband on his name but the document are with wife.
2.Can wife and her children claim their share in pension.
Thanks
DIPAK KUMAR SHANGHVI
29 May 2010 at 12:32
HUSBAND, WIFE & 2 MARRIED DAUGHTERS CONSTITUES HUF AND ON THE DEATH OF WIFE, HUSBAND WANTS TO MAKE THE MAKE FULL PARTITION OF HIS HUF , AS HE ALSO HAS BECOME OLD AND DO NOT WANT HIS DAUGHTERS TO HAVE ANY BURDEN, AFTER HIS DEATH. KINLDY ADVISE WHAT WILL BE THE PROCEDURE -
Anonymous
29 May 2010 at 12:02
Hi
myself Ravneet. I am a CA-PCC student and done my graduation from Non-Collg and my result is awaited of both. I wanna pursue LLB also.
I want someone to tell me the procedure for enrolling LLB.
Regard
Ravneet
SULTAN
29 May 2010 at 11:51
DEAR EXPERTS,
WHICH IS THE BEST LAW COLLEGE IN MUMBAI THAT OFFERS GOOD DISTANCE LEARNING COURSE? WHETHER GOING FOR DISTANCE LEARNING IS GOOD OR TO DO FULL TIME?
THANKS
Anonymous
29 May 2010 at 11:39
Dear Friends,
I am a Principal in Kendriya Vidyalaya.I chargesheeted a lady teacher for her misbehaviour and misconduct and in her reply dated 08.10.2009 to her chargesheet she first time made allegations on me for sexual harassment.She added two dates of sexual harassment as 9th and 14th Sept. 2009 first time in her FIR dated 23.10.2009.
In the reply dated 22.09.2009 to another memo dated 19.09.2009 she has not mentioned any sexual harassment.
This is only first time in the reply to the chargesheet dated 08.09.2009 that she mentioned about it and added two dates first time in her FIR dated 23.10.2009.
I was arrested and released on bail the same time on 21.04.2010 and chargesheeted on 07.05.2010.
1. What action the department (Kendriya Vidyalaya Sangathan) can take on the FIR, arrest and chargesheet under section 354?
2. The department conduxted two inquiries dated 22.09.2009 and 31.10.2009 and did not take any action nor they provided me the copy of the findings even on my request.
3. The Department conducted third inquiry after the arrest (matter remained the same) on 28.04.2010. Still no action.I find that since there was nothing found in the previous two inquiries and for having malafide intentions they conducted third inquiry.Any relief in any court for this?
4. My appointing and punishing Authority is the Commissioner KVS,HQ, New Delhi. Was it obligatory for the police to take permission (under sec. 197)for chargesheet and arrest (during my office working hours) which the police did not take.
5.Is the malafide intention here is a sufficient ground to go for quashing under Sec. 482?(Nothing like Sexual Harassment happened at all.
6. Her total lie has brought me and my family lot of insult.
7. The case has started in CJM Court and the date is 15.06.2010.
I need sincere help.
Principal
Kendriya Vidyalaya.
125 Cr.P.C Summons
Dear Experts I had received Summons U/S 125 Cr.P.C , My Case Details is I had Filed Divorce u/s 13 Desertion of 6.5 yrs in the Family Court in Nov 2009 and punctually She is attending the Case, Now 28/05/2010 she had Filed 125 Cr.P.C against me at her home town which is 40 kms from Family Court in such circumstances, my questions are:
1.What should be my action, what happens in the case u/s 125 during first hearing can i be allowed to defend in person and provide me other positive suggestions as i am ok to give maintenance if it is reasonable to wind the case 125 Cr.P.C at the earliest?
2.Why is that she opted for home town when she is attending the Family Court Divorce Petition?