Kumar Krishan Agarwal Advocate
29 April 2011 at 02:15
Dear Ld Friends,
1. I have a personal case of my mother. THat There is a Ancestral Property(abbreviated further as 'AP') who has 7 Co-sharers in the aforesaid AP. Suppose A to G are the seven share-holders/co-shares in the AP. The AP is a 'very small commercial shop' which cannot be divisible into everyone Co-shares A to G peacefully and get it individual premises for everyone co-shares?
The person 'A' purchased/bought on registered Deed a share of 'B' and now the co-owner of two shares in the AP.
The person 'G' was missing since birth/early childhood and have lost permanently from last 25 Years and neither we heard about it.
2. NOw I filled a partition Suit with seperate Possession before Civil Judge taking 'A'(two shares) Against/versus 'C', 'D', 'E' , 'F' and leave out G to make party in suit.
3. The person 'C' and 'D' are refusing to [ sell or dispose of or make a partition of the AP ] and creating obstacle in the suit to get the AP partitioned or may dispose of the value of the property in five co-shares according to para 2.
Now My queries Are:-
1. That How the court may partition or may dispose of the value of the property although 'C' and 'D' are not ready to sell or dispose of the partition neither nor they want to purchase the two share of 'A' neither Nor 'A' want to purchase the seperate share of 'C', 'D' and 'E'.?
2. That 'C' and 'D' are taking undue advantage of the commercial shop (AP) and are not sharing any mesne profits to 'A' and 'E' thru daily earnings from commercial shop.
So for stopping further misuse of earnings thru AP, I filed an injunction application under Order 39 Read Sec 151 CPC for the closing of the shop & stopping its daily business transaction permanently and may fix an official seal at the property until the subject matter will adjudicate before Civil Judge.
++ It is right to file such application under Order 39 to close the shop permanently till resolve of the partition suit?
3. It is any other method or mode or way to get out such partition suit in easy way or any section of law may help in this particular perplexed situation?
4. What other type of interlocutory applications may help so that the commercial property(AP) may closed permanently till the matter not get resolved fully before court?
shrikant
26 April 2011 at 16:45
one cadidate pass the ITI trade exam and apply for apprentisship to the Maharashtra state Electricity Board in Janewary2005 and completed traning in october 2005 and get the certificate as"The candidate successfully completed Apprentisship in Maharashtra state Electricity Board ,Maharashtra state Electricity Board Trifurgated into three companies in month of june 2005 namely
1)Maharashtra state Electricity Distribution company limited
2)Maharashtra state Electricity Transmition company limited
3)Maharashtra state Electricity Genration company limited
Maharashtra state Electricity Transmition company limited publish advetisement for recruitment of line helper in yr 2010 which mention that candidate should have
apprentisship certificate of )Maharashtra state Electricity Transmition company limited or erstwhile MSEB ,The candidate sucessfully pass the written test as well as interveiw test at the time of joining &verfication of document Authority refuse to join him The the candidate file W.P before Honble high court my question is
1)whether the certificate granted By MSEDCL UNDER THE HEADING MSEB is vallid while company is formed
2)the candidate is taken apprentisship traning in MSEB AND COMPLETED IT IN MSEDCL
AND GET THE CERTIFICATE OF MSEB whether candidate is entitle for appoinment or not
EKANATHAN K Puliyadi
20 April 2011 at 09:28
Respected Advocates,
In a Private Famil Trust Property, the descendants of Testaor's daughters have sought permanent injunction on descendants's of Testator's sons from encumbering, alienating or selling to third parties. One of the defendant expired. Now his grand sons who are not included as defendant in the suit are trying to alienate. I am the defendant in former suit. Now, I would like to seek a fresh injunction against the grand sons of deceased defendant. I came to know that the injunction passed already will bind his legal heirs also. Some says, it will not bind. Can anyone give me correct guidance with the citation of any judgement. I am an ex-servicamn and wants to keep the Trust Property in tact.
Kamal Shah
18 April 2011 at 14:28
In our Society, Administrator is appointed :
1) A non -member impersonated as Chairman for nine years and operated bank accounts in collussion with self claimed Secy without any treasurer.
2) The society did not have a duly elected committee since its inception ( 2000 ).
3) The self claimed secy ,chairman and 2 other people misinformed highcourt, Govt of Maharashtra , Banks, members etc and 2 diffrent unauthorised committees functioned at a single time .
4) The administrator was appointed U/s 78/2 of MCS Act .
5) The society did not gave charge to the administrator and have stolen most of the society records. Administrator just wrote a simple letter to the ex- office bearers who all have fled away from the society after committing a huge fraud .
6) We insisted that Administrator should make inspection report and File an FIR for missing records .
7) Dy Registrar had issued Order U/s 80/2 of MCS Act but not implemented .
8) Another person who acted as Chairman sold and vacated his flat in March 2010 but continued to operate bank accounts of the society.
What shoyld be done.Kindly guide .
Ashu Arora
16 April 2011 at 15:45
Hi,
Please advise me on below.
I joined a company Quick Journeys and Discoveries Pvt Ltd in March 2011. I have the offer letter on company's letter head in a PDF document through company's official e-mail ID.
I have worked with this company for the month of March and didn't found it a long term company and decided to look for another options.
My employer came to know about it but still he offered me the salary cheque for the month of March but when i deposited the cheque in the bank, the very 3rd day i came to know that the cheque wasn't cleared because of stop payment order by the drawer.
Later on the employer stopped my cab service as well. I have not resigned from the company yet, Since then i am chasing my employer by e-mails, phone etc. but he is not answering any of these.
I want to know from my employer weather he want's me to still work with him or not secondly will he clear my outstanding salary for the month of March or not ?
I know he can't terminate me without giving me a notice for a month or he has to give a month's gross salary in lieu.
Please advise me how should i go on this?
Thanks & Regards
Ashu Arora.
G.Nagarajeshwar Rao
15 April 2011 at 23:49
I am appearing for defendant. The suit is filed for specific performance of sale agreement dated 14-1-2011. The sale agreement is time bounded. Rs.50,000/- paid [out of total sale consideration amount of Rs.6,00,000/-] at the time of entering in to agreement of sale. The entire amount shall be paid within 2 months. The plaintiff is not ready with money. The agreement is not contained the recitals that "the sale deed will be executed in the name of any other person chosen by the plaintiff". The plaintiff is friend of the defendant. Being friend of the defendant the sale consideration accepted for meager amount. In fact the house plot will be value @ Rs.8,00,000/- and above. The defendant has issued a legal notice as to the sale agreement is cancelled. For that the plaintiff has filed a suit, stating that he is ready with money [by showing the drafted original of third party with the recitals as if the defendant has sold the plot, in fact there is no privity of contract in between the third party and the defendant]. The things stood so the plaintiff has filed a suit seeking relief of specific performance of contract, with an interlocutory application with the relief "not to alienate" petition. How can the defendant escape from the liability and what should be the defense of the defendant. [The friend cheated the defendant that the property will be kept / purchased in his name only, but he sold out for excessive profit]. Citations required please respond. With regards - gnrsharma@gmail.com 09849458545; 08686186286
Sanjeevappa. L
09 April 2011 at 20:10
In other words, suit for partition is decreed, in RSA there was an observation that there should be a seperate enquiry for mesne profits. I have filed Final decree proceedings which was closed by alloting specific share and possession was also handed over in an execution petition.thus final decree is closed, but enquiry on mesne profit was not done and without considering the mesne profit the final decree proceedings was closed. Now can I file another final decree proceeding application for mesne profits? or whether I have to re-open the earlier final decree proceedings to assertain and to get mesne profits. Please provide citations in this regard.
Vinay Kumar G N
07 April 2011 at 14:03
Hi..
Im Vinay from Bangalore..
My has purcahsed site(for 1.8 lacs) in mysore through GPA and that GPA was registered in Govt sub registrar office in 2000 and we paid all the amount to seller..That time we told that seller that once we get money for construction we can do registration of that site for that he agreed( we have taken bond paper writing for this).. Later in 2007 we asked that seller to come for registration that time he asked for 5 Lacs for registration. w2e didnt had that much money to pay him again..also, we told him that you said you dont ask any extra money for registration now you are asking again its not goodm so please come for registration but he dont agree for that.. Later, through GPA my father had transfered/registered to site to my brother. Then we applied Title Deed in Mysore urban develpomant authority throgh this GPA registration in my brother name.They took 2.5 Lacs as Govt fees as penalty to get Title Deed..and we got it Also we constructed house there. Now that seller gone to court now..
My question is Can we do registration from my father(First GPA registration) name to my brother name??>
Indranil Mukherjee
07 April 2011 at 12:25
Hi,
1. I had purchased a flat in Koperkhairane (Navi Mumbai)in 2009, directly from builder.
2. Now, I wish to sell the flat and take another flat.
3. However, the banker (Punjab National Bank) of the new buyer is asking for CIDCO NOC.
4. However, our society is not yet formed and is still under the builder.
5. Builder says that no CIDCO NOC is required and that builder NOC is sufficient.
6. CIDCO official say that no NOC is provided by CIDCO when society is not formed.
7. Our part-payment registration is already done but, the new buyer's loan is not getting processed due to need of CIDCO NOC.
8. Please help as to how this issue can be resolved.
Thank you.
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Citation
Could anyone give me the citation in the famous case MACP of Sarla by the SC. In this judgement, detailed discussion is given on the Rule of Thumb in respect of person's income.
Thanks