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Jainodin shaikh   22 January 2009 at 16:25

Social Death and Succession

In a Civil Misc. Application filed for granting Succession Certificate; the applicant also prayed for Declaration u/s 108 of The Evidence Act(regarding Social Death).
Now the court wants to know from the applicant that whether Court can grant both the prayers at ones in one application?
Is there any Case Law?

kanwar Lal   21 January 2009 at 18:46

rent agreement

Rent agreement(attested by notory) was executed between the parties for 2 years. But name of the witneses are not mentioned in the agreement even signatures/initial are not present there. Is it valid agreement.

Legal Fighter   18 January 2009 at 23:22

Do I have to Pay Court Fee for Suit for Declaraion of Title alongwith claim for possession?

Do I have to Pay Court Fee for Suit for Declaraion of Title alongwith claim for possession? I have to file it in U.P., can you please tell me as how much would I have to pay?

priya   18 January 2009 at 15:49

uniform civil code(UCC)

Could nayone give me a breif explanation about the following??

1)What are the merits n demerits of uniform civil code??

2)About article 44 of constitution with relevant extracts from the parliamentary.

3)About desirability of uniform civil code(UCC) in the matter of marriage ,divorce adoption ,succession laws.

satya prusty   17 January 2009 at 10:07

HOW MUTUAL DIVORCE, WHEN ONE PARTY IS ABSENT AFTER PETITION?

After residing more then one year separate from my wife both of our parents and us realised for a mutual divorce and applied the divorce petition before the keonjhar court. Both signed on the petition and on the petition affidavit (arzi). After a week she left for USA on her project. Our advocates are saying to wait till her. I came to know that there is a power of attorney (Special Power) in which she will give to her parent to appear instead of her. When I asked about it to our advocates, they said that the district judge wants to see her at least once so that the judge can know that she wants divorce. Here in our first hearing date, the court pacer said, as you applied for mutual divorce the file will not place before the judge without the girl. In this situation our advocates saying to wait till her return. Is there any way so that I can request my advocate? It is not certain that when she will return. In this case what shuld i do?

Jainodin shaikh   16 January 2009 at 19:06

Compliance of Order

District Court has allowed the delay condonation application (regarding Civil Appeal) in which I am for the respondents. The Court ordered that the application is allowed subject to condition of cost of rupees 300/- to be paid whithin 8 days by the applicant to the respondent. In default the order will be cancelled. But the applicant deposited the amount of cost in the court despite of paying to the respondent. On 9th day I have moved an application for vacating the said order as the applicant had not complied the order. And put my argument that the order is for payment to the respondent and not to the court. This application is pending. What is your opinion on this point?

Mohamed Ali   16 January 2009 at 12:54

Pending Interlocutary Application


My Interlocutary is pending from past 1 year to be exact January 10th 2008,

Our suit is a sunni hanafi family partition suit, In this case there are 11 decree holders who all died,after decree.


Some LR's one of the decree holder who are not entitle for share are brought on record while filing for final decree petition, for which we have objected in the still pending final decree procedding to delete these LR's on record who are not entitle for share as per Mohameddan law of inheritance,

It is since one year our application is pending , even our advocate raised several times in open court to hear on our objection but the judge under some influence is not considering the objection and telling she/he will take up the issue at end, or she is purposely deaf ear to our application,
Our advocate says we cannot move to high court or by pass this court without getting an order from this lower court, but as i said the judge is not willing to hear on the Interlocutary application, We are irritated s we are not able to get any order on application form past 1 year, Sir How can we proceed now we just donot believe in this judge who is deaf ear to our application.

How can we proceed what are remedies and alternate paths for us.

SUNDEEP   15 January 2009 at 14:20

Arbitration and conciliation Act 1996

To all Happy New Year
I was working with a company with whom at the time of joining I have signed an agreement on company letter head where one clause was that in case of dispute the arbitrator shall be appointed by the chairman of the company. Later on teh company has broke teh agreement signed tehrefore I also quit the company. Now the company is allegating me for broking he agreement. When I refused to pay for the compensation the company suo moto has appointed an arbitrator. I dont know what is the fees amount to be paid or what is the agreement with the company for such appointment. Now I have received a letter from the arbitrator that the 50% of the arbitrator has to be paid by me.
My stand is that the appointment of arbitrator is without my knowledge. The only letter recieved by me was that when the arbitrator has already been appointed. Also I dont know the fee to be paid to arbitrator. So how can i be made responsible for paying cost of arbitration.
Is thia true that the party seeking arbitration has to pay the cost of arbitration. There was no such clause in joining agreement as to cost of arbiration, i.e. who will bear the cost.
Can any body suggest me or the reference to act or relevant case law or section applicable to such situation.

I will wait for reply.
Thanks


J. P. Shah   15 January 2009 at 12:13

TIME LIMIT

SUPPOSING A COMPLAINT IS FILED WITH THE CONSUMER FORUM AGAINST ACTION OF A BANK. AFTER A YEAR OR SO, THIS FORUM DECIDES THAT IT HAS NO JURISDICTION IN THIS CASE. THE CASE SHOULD HAVE BEEN FILED IN DRT. NOW TIME LIMIT FOR FILING CASE IN DRT HAS ALREADY EXPIRED. IS THERE ANY LAW OR JUDGEMENT BY WHICH TIME SPENT IN WRONG COURT CAN BE EXCLUDED WHILE CALCULATING TIME LIMIT FOR NEW TRIBUNAL/COURT.

Legal Fighter   14 January 2009 at 21:26

Need a Very Good Counsel in Noida

Hi,

I need a very good counsel for filing a declaration of title suit in noida court. please let me know contact number for the same.

thanks & regards,
manish