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john k   27 August 2014 at 08:28

mortgage redemption

Sir, we are in a process of redeeming our house which was mortgaged for several years without any documentation done from either side neither any land docs submitted to mortgagee. The mortgagee sold it to third party saying that my father sold it him, now whatever the circumstances are, both the mortgagee and the 3rd party buyer are willing to compromise with a certain amount of which we also agreed. Sir now what i'd like to know is should i mention both the parties (mortgagee, buyer) or only the mortgagee in the compromise document. What should i do. Would be grateful...!

Raj   27 August 2014 at 07:26

Judge awrded cost of rs 50,000/- on my quashing petition

Dear sir,
I have filed the quashing petition of chargesheet through my lawyer for 498-A case pending on me before High Court of state.The Hon'ble Judge asked me for compromise and offer meanwhile the counsel of the complainant has made wrong submissions that I have filed 5-6 petitions earlier which was dismissed..The Hon'ble Judge did not hear our contention that those petitions were related to different issues..(i.e quashing of FIR,summoning order of Domestic Violence, Transfer petition ete etc)..The Hon'ble Judge straight away award me cost of litigation rS 50,000 on me...In such situation what will be the remedy left... I have seen the previous orders of Hon'ble Judge who has awarded cost on petitioners on just filing the petition..is not way of discouraging the petitioners who has not remedy but only to approach the court??

Samba   27 August 2014 at 02:32

How to change fathers name

Hi,
This is Samba. I got my fathers name wrongly (Ramarao) updated in all my certificates. It forced me to get the same name Ramarao in my passport also. My fathers original name is Ramakoteswararao. I started getting problems there after. The ration card with original father name and all other certificates including passport with wrongly update name. Please somebody help me how can i change wrongly update my father name(Ramarao) to original name (Ramakoteswararao).

Thank you,
Samba

jcreddy   27 August 2014 at 02:29

How to share parent property if one minor sister is not responding

Hi all,

My father and mother expired,with out writing any will,
we are two sister i am the major (20 years) and
I have a minor sister(her age 17 years).when my parents expired.My sister is staying with my grandfather ( my mother father ),

i didn't like there behavior i stayed away from them,

Now i got married, i asked my sister , we both will share our parents property equally,

But my sister saying i wont share property until unless grandfather say to share it,But unfortunately my grand father saying that i wont give you anything single rupee.

Now my questions

1.How to take my share from my parents properties?

2.My sister is minor,can i put put a case on my sister or on my grand father (he is the one my sister is accepting him as a gardeneon for her)

3.They trying to illegally change my father properties to their names ,is it possible to transfer the properties with out my sign? Original documents are with them only.

4.In legal-head document my name is also mentioned,how to send a notice to MRO officer such that with out my confirmation no such illegal registrations should be done?

Please friends help me...

yeteendra naidu   27 August 2014 at 01:56

Time limit for appeal in the same or higher courts

My sister was GPA holder for four(A,B,C,D) of my siblings out of six in a partition suit for
house property and a coop society plot which my father owned. The other two (E & F )siblings who happened to be not married at the time of my father's death. a year before his death he nominated these two(E,F) siblings for the coop plot as all others were given gold, furniture and other household goods apart from cash and expenditure on account of their marriages. Hence E& F contested the suit. Eventually as the petitioner/s abstained continuously the partition suit was dismissed by the H'ble High Court for default,in the year 2012.
Please let me know if there is any possibility for the petitioner/s to appeal in Supreme Court for reviving the case in the same High Court after lapse of 3 years almost, if yes, kindly specify the circumstances/grounds under which the suit could be restored or taken up and what is the time limit for this.When the GPA is given to A and is in force, can B or C or D file any sort of suit individually for partition in any court ?

shamsunder kamat   27 August 2014 at 01:06

Land aquisition

1.land acquired in feb 2008 as original compensation not paid got lapsed under 24.2 of new land acquisition act
2.land acquired in nov 2009 as additional land for same purpose compensation not paid till date
dose it come under same law as original lapse additional also lapses
it is aug now shall I wait till nov 2014 so that five years completes
is there any judgements similar to my case
any new judgement came in force recent
pls update

krishna mohan   27 August 2014 at 00:28

Mortgage of land

Mr" A "has mortgaged his property to Mr'B' and in that mortgage deed it is clearly written that land is being mortgaged for Rs 20000(this is mortgage without posession type)

But on separate bond paper 'A'acknoledges the receipt of 10 lakhs as he really borrowed that money from 'B'

Now 'A'wishes to get released his mortgaged land with court decree by depositing 20000 in court saying that 'B' is denying to take 20000

Is it possible for 'A 'to get his mortgaged land released without really paying 10 lakhs as it is mentioned in mortgage deed only for 20000

Is there any provision that B can link the mortge money and bond paper money and then only liable to release the mortgaged land

ckanta   27 August 2014 at 00:24

illegal execution proceedings

Sir,
could you help me out with the appropriate legal remedy to be adopted in the below discussed case whether it is writ to high court or any other legal remedy.

As per rule 153 of delhi cooperative societies rules 2007 decreeholder can make any number of applications but recovery officer shall not entertain the same if its barred by article 136 of limitation act 1963 i.e. 12 years .however one society(decree holder) has made an application to recovery officer after 12 years of award and officer has issued warrant for arrest and attachment without following the rules.

Though judgement debtor(I) in the mean while some years ago has paid some amount in earlier execution filed by the same decreeholder.

whether that payment extended the period of limitaion???

what shall be the proper course of action to deal with this situation.

Sir I have tried to find lawyer at district courts for this issue however nobody told me any solution and moreover said we donot deal in society cases.

Please guide in detail as we are poor man and donot have money to satisfy execution.

Please help me with some good lawyer contact number as well.


Thnanks in advance

Balwinder   27 August 2014 at 00:02

Put compromise petition in high court...how to get escape from lower court proceeding?

dear sir/mam
in 2010 on my complaint police registered a fir u/s 406 452 323 324 etc on second party ...

in 2012 chalan was submited in local court...at d same time two of them were out of india and still they r in abroad

in jan 2014 i received summon from court for witness..but for some reasons i did not go..

latter april 2014 the guilty party come to my house and apologies...after that we compromise....

we put a petition in high court for compromise . now after 1st date high court give 2nd date in november..........

Now problem is that the district court judge summoned me for witness (we already put matter in his knowledge). when i went in court he pressurise me to give my witness .....at that time i escaped from giving witness....but now he give date on 2nd september



Dilip   26 August 2014 at 22:53

Legal analysis of high court judgement

Dear Experts,
A judgement of Hon'ble Guwahati High Court has come in my favour. I was appointed as a Teacher in AR and since the very first date I am teaching in Children School. And after more than 60 years an attempt is initiated to deploy me in Non-teaching activities and instructional duty to Troops for which I was not appointed. I challenged the order of the same and the order of the CAT in Hon'ble High Court and thus the Order. Now I want an expert analysis on this and valuable suggestion on this. The judgement is as under :-
Heard Sri R Mazumdar, learned counsel for the petitioner and Smt. B Das, learned Central govt. counsel.

Petitioners were appointed as Hindi teacher to teach Hindi to the jawans. On occasion they were drafted to schools run by Assam Rifles to teach Hindi to the students. Petitioners were repatriated from the schools and they are now directed to attend to civil works and also to assist jawans in combat operation. Petitioners challenged the said order before CAT. The CAT found nothing offensive in the order that directs petitioners to discharge duties of civil nature and as well duties relating to combatant operation. Petitioners aggrieved by the said order filed this petition.

The counsel for the petitioner submits that duties relating to combatant operation are onerous and not part of their job chart, and there is a risk element too. Petitioners being civil teachers appointed to teach Hindi to the jawans they should be confined to the said duty only, the other duty should not be added to their job chart.

The counsel for the respondent strenuously submits that the charter of duties prescribed by circular dated 15th July, 2013, now in challenge, cannot be assailed and petitioners are bound to comply with the posting orders and to discharge their duties.

The counsel for the petitioner per contra submits that option was given to the Hindi teachers to choose between combatant duty and duty of a civil teacher. All of them opted to remain as civil teacher. Therefore they cannot be enjoined to do the duties of combatant nature.

Upon consideration of the facts and material it is to be seen that petitioners have not opted for combatant duty; they opted to remain as civil teacher. Therefore they have to be treated as civil teacher and they are bound to discharge duties of civil nature. If there are any vacant civil posts in that event petitioners who are civil teachers can be posted to such vacant posts(of any nature) as a temporary measure until the said posts are filled and till then petitioners should not refuse to discharge such functions. In that view of the matter the writ petition is disposed of.