adv. rajeev ( rajoo )
20 August 2016 at 16:57
Dear Learned Members,
My question is that Daughter has filed a suit for partition claiming her in the share of her father in an ancestral properties, contending that suit properties are purchased out of the income of the ancestral business. Prior to this daughter's father had filed a suit for partition claiming his share in the ancestral properties, but that suit dismissed. observing that plaintiff failed to prove the ancestral properties.In this case defendants had denied that suit properties are ancestral properties. In this suit daughter was not a party to the suit.
In the suit filed by daughter, defendants have filed Ws and admitted that there was an ancestral business.
Now the defendants have filed an application u/s sec.11 of CPC stating that already suit filed by the father is dismissed as such sec. 11 is applicable to the daughter's suit.
In my opinion first of all daughter was not a party to the suit and defendants had not agreed that suit properties were not ancestral property, which they have admitted in the daughter's suit. As such sec. 11 is not applicable. Whether I am wrong or right. Any citations please let me know.
gururaj gopal rao kulkarni
20 August 2016 at 16:30
is it possible to claim maintenance from wife in case of divorace?
is there any rulings of supereme court rulings regarding this?
please send me supereme coudrt rulings.
Sudhir
20 August 2016 at 13:36
Orphans staying in juvenile justice homes have to move out after they complete 18 years of age. They do not have any of the basic documents such as caste certificate,domicile certificate,ration card,voter ID card or a birth certificate. What can orphans get this certificate in the maharashtra state, What is the procedure ?
Any government GR regarding specially issuing the caste certificate to orphans.
so that they can enjoy the benefit of basic government facilities in case of education,service,self employment,marriage and public participation. The certificate would also help them in availing schemes and monetary benefits in education,employment and reservations.
PRAMOD
20 August 2016 at 11:16
Hello,
My Name is Pramod Gaur, Male-48 yrs, an Ex Employee of PSU(Govt of India Undertaking). I am looking a senior advocate to take up a service matter case to "CAT New Delhi".
To brief little on my case:-
a) Under a notified SCHEME by my department wherein 5years Sabbatical Leave was permitted to regular employee. The SCHEME guaranteed and states that :-..........In case employee does not wish to rejoin, he/she will have to submit his/ her resignation and no notice period will be insisted upon. In case of those employees covered under CCS(Pension) Rules 1972 and are provided with voluntary retirement provisions therein, stipulated notice shall be served to the parent company. In such cases, terminal benefits will be settled as if the employee resigned/ retired the company on date of leaving on sabbatical........”
I excercised Voluntary Retirement under SCHEME while on Sabbatical Leave & served my department a Notice of VR on 16/01/2016.
b) After 5months relentless correspondences, my department issued incorrect VR orders wherein I was treated as retired from ENDING DATE OF SABBATICAL and also to settle terminal benefits from this date i.e. ENDING DATE OF SABBATICAL LEAVE. Even though SCHEME states that TERMINAL BENEFITS shall be settled as if employee retired the company as on date of leaving on sabbatical.
I want to contest to get the relief to quash incorrect voluntary retirement orders and to pass directions to Department to implement the SCHEME commitment in its letter & spirit. Such incorrect orders were issued by department on 2/7/2016. I have represented/ appealed to CMD of my department on 7/7/2016, reminder also issued after 30days. But, no reply till this date.
pkgaur@outlook.com
Complete explanation of case is not feasible so Detailed backup of case shall be exchanged over email to interested one.
CAT lawyers who are Delhi based should respond to avoid co-ordination issues.
Regards
Divya
20 August 2016 at 10:47
Respected experts
A criminal complaint is filed u/s 420, 418 and 406 of ipc with magistrate. Investigation is ordered under 156(3). This is for a money recovery matter whr d complainant had also invoked arbitration.
Civil litigation of arbitration already withdrawn by Claimant of arbitration as mou was signed to withdraw all cases on certain conditions..
Now the complainant and arrayed accused have to close the criminal matter.
The process is not yet issued by the court, though police enquiries have happened..
How is the compromise to be recorded before criminal court.. Is this a mere withdrawal of complaint by turning hostile or a joint compromise has to be recorded before the court.. Or both
Please throw light herein as its a noncompunding offence.
Thankyou
Pradeepkumar Rohra
20 August 2016 at 08:01
As company has filed claim application in Mumbai where as transaction was enter at Vadodara. So I want to file application for objection of jurisdiction. As I am unable to attend on date fix for hearing. Can I send application through Registered post or courier ?
rajveer sahu
20 August 2016 at 01:52
Dear sir,
I was took the education loan from pnb bank in 2008. Almost it has been paid and outstanding amount is 46000/- till date which is not paying in last 10 month. Reason behind of not paying the loan is the subsidy. I think you remember, that Mr. Chdimbaram was announced the subsidy on interest of education loan. Also I was filed the RTI in pnb branch then they replied that I am eligible for this and subsidy will be deliver till October 2015 but it was not done, again I talked with branch manager then he told me that it will deliver till December 2015 but it was not done. After this again I filed the RTI to pnb bank then he told me that it will be deliver till March 2016. But it is not done. After this I talked with a lawyer and send him a notice and asked him about the subsidy then he replied that we can not do the any agreement for this and you are not eligible for subsidy and you have to deposit the outstanding amount within 15 days, if you fail to deposit this amount then bank will issue the RC against me. So I request to you. Please suggest me that what should I do in this situation? Because they are not accepting the own written commitment and do the mentally harassment. Please help me what should I do?
Jeevan
19 August 2016 at 23:31
Respected Sirs,
I got a summon from session court about criminal appeal against my acquittal in 498a case (after 1.5 years). Criminal appeal filed by my ex wife under crpc 372.
Since the appeal against acquittal can only be applied at HC, why session court admitted the case and sent me the summons? Is there a difference of handling between crpc 372 and 378?
Thank you for your advice.
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Refer to police
My brother has fradulently created some documents and grabbed my share of property. Agrived by the action I have tried to file a police complaint. Since policemen refuse to entertain my complaint I directly approached the court and filed private complaint U/s 200 requesting to refer my complaint to police. The court taking cognigenc of the offense registered a criminal case directly without referring to police. The matter is still pending. As I am old and sick it has become difficult for me to procecute the same. At this stage how i can now request the court to refer to police and what is the procedure. Please guide.