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Somnath mukherjee   10 April 2009 at 21:54

Adverse possession

In a suit praying a) for declaration that the plaintiff is the owner of the property by law of adverse b)for declaration that a deed of sale exeuted by defdt 2and3 over the suit property as void. Plaintiff filed a suit. Defdt under O9R11 says that the plaint be rejected since ad velorem court fee is not paid in canvassing prayer b). Whether the prayer of the defdt is maintainable as because in a suit for declaration only fixed court fees is payable.Please give some relevent case laws.

Ravinder reddy K   10 April 2009 at 15:04

Suggest me to proceed further to defend

We have ancestral Property inherited form my forefathers i.e from my Fathers Grandfather.

My grand father has 6 children(2 Sons+4 daughters).

Two daughters got married in 80s itself.
(for this reason he sold some property part of ancestral).

For 3rd daughter marriage he sold some property and in addition to that given some property as gift.

For the rest 3 i.e 2 Sons and 1 unmarried Daughter has given a will saying equal share in the remaining.

That will has been implemented at MRO with the mutual agreement and after that we went for arbitrary and compromised to give the calculated amount of money equal to her share instead of land, she accepted (Signed) the same and after wards she breached that.

Now she is asking for equal share in the property.

kindly let me know her eligibility and guide me to proceed further.

Shall we have the rights to cancel gift deed made for his 3rd daughter.
Are all the 4 daughters have the right to ask for share in the property.

Anil Agrawal   10 April 2009 at 14:36

Liability of insurance co.

An insurance company was informed about the damage to the building. No pre-inspection or survey was carried out by the company. yet, year after year, it has been renewing the policy. In case of damage to property now for whatever reason, what will be the liability of the company. In other words, it has been renewing the policy of the damaged property without survey and without making an endorsement in the policy and without charging any enhanced premium.

Ravinder reddy K   10 April 2009 at 11:04

Is the will made for Ancestral Property valid

Dear members,
we have ancestrsal prpoerty which inherited for my forefathers (i.e from my fathers' Grandfather). My grand father has 2 sons and 4 daughters.

My queries:
1).My grand father made a will on the name of his two sons and his younger daughter(at the time Unmarried). Is the will made by him is valid?.

2). He made a gift registration of some property on the name of his 3rd daughter without any the consent of his rest of the Children(All are major). Is it valid?.

HENCE i AM REQUESTING YOU TO PROVIDE ME YOUR VALUABLE SUGGESTIONS ON THE SAME.

Rama Verma   10 April 2009 at 10:02

ANTICIPATORY BREACH OF CONTRACT

PLEASE PROVIDE IN WHICH SECTION OF CONTRACT ACT ANTICIPOTORY BREACH OF CONTARCT CAN BE FOUND AND IS THERE ANY JUGDEMENT ON THIS ISSUSE.

Shyam Ji Srivastava   09 April 2009 at 21:56

Arbitration Act

Dear Members,

Can we get order for attachment under section 9 of the Arbitration Act.? Early reply is highly appreciated.
SHYAM JI SRIVASTAVA
Advocate
Kanpur U.P.

Samar   09 April 2009 at 15:50

Case Law Required - Proper citation given

Please provide me with the following judgement

Suit No. 1310/89 IA No. 3739/89
Delhi High Court

M/s Ocean Investment & Finance (P) Ltd vs Union of India and others

Samar   09 April 2009 at 12:06

Case Law required on urgent basis

Hi can any senior give me the following case law

Ocean Investment & Finance Pvt Ltd vs Union of India

AIR 1990 Delhi (154)
ITR 3739/1989

Please provide on urgent basis.

Thanks in advance

Samar

PRACHI   07 April 2009 at 10:36

recovery suit

After sending a proper legal notice, when can one file a suit for recovery of their money?
Or is there a better remedy?

jawahar   06 April 2009 at 22:59

binding nature

Dear Learned Friends,

In a workmen's Compensation case the Deputy Commissioner of Labour awarded compensation. In that the case of the management is that the deceased was not at all a workmen under the management. In a criminal case filed by the Inspector of factories with respect to that accident, the Learned Chief Judicial Magistrate gave a fining that the deceased was not a workmen under the management. Hence the Criminal case was dismissed. That judgement was marked in the compensation case.

My question is whether the Deputy Commissioner of Labour is bound to follow that judgement or not?

The deputy commissioner of labour being a quasi judicial authority has bind by the judicial findings or not? Pls answer with citation as far as possible.