Rastogi
15 August 2015 at 08:51
Can non-joiner of necessary parties be raised during first appeal stage?
During trial court this point was not raised.
Krishna
15 August 2015 at 00:13
My mother had self acquired property of about 700sq.yds purchased in 1989.
later in 1999 my brother frauduently, executed gift deed from my mother in his favour, as things stood away my mother came to know about it then she revoked the gift deed in 2002.
then my cunning brother filed suit against my mother in 2003 stating that the gift executed to me was revoked by my mother without my knowledge which is illegal therefore honourable court issued summons to my mother but my cunning brother received the summons of my mother without her knowledge by commiting fraud with the court attender (ameen) and made her exparte in that case and received judgement in his favour.
Now my mother want to execute gift deed in favour of both sons, knowing this my cunning brother revealed the truth that court has given judgement in his favour in 2003, now my mother came to know about aforesaid court issue,..
please anyone of you suggest me a remedy,..
Digvijay Singh Malik
14 August 2015 at 16:31
A awarded a contract to B to take parcels in his trains from X to Y for a period of three years. After completion of the said contract period B asked for a extension for two years. Hence, extension for two years was granted by A to B. During the period of extension of two years B was found indulged in the practice of overloading. A terminated the contract of B. A After conducting an enquiry of the same it was found that overloading was not done by B. A took 50 days to found out that the overloading is not done by B and there was a wrongfull termination of contract.
Now B is seeking a claim of Rs. 1,000,00/- from A as a loss of profit which he has to earn from the parcel services if his contract was not terminated.
Can this be defended in arbitration & his claim can be set a side or A has to provide the compensation.
Courage2014
10 February 2012 at 14:43
My husband has left me and my child for three years and is living separately. He urged me to divorce him by mutual consent 1.5 years ago and i kindly refused as i want to save our marriage. He is angry and keeps threatening to divorce me and that his lawyers will send me divorce papers. I take care of our daughter and he has fulfilled his obligations towards her maintenance. He pays for her school fees and puts a certain amount in her bank account every month. I dont want to force him to continue the marriage as i love him and want him to be happy as he seems very desperate to get a divorce. I want to focus on my life and my daughters if he files for divorce i dont want any further contact with him and full custody of my daughter. We are both NRI-s and living abroad. I have a good job by God's grace. How long after he files for divorce will it take for him to obtain it. And will i have to come to India for every hearing. As i mentioned i am in a job and it will be very costly for me to make regular visits. Also will it cost me anything. Will i have to hire a lawyer.Please advise.
Neelam
10 February 2012 at 14:12
Plzzzz help me out in solving following attached problems..
tapovardhan
10 February 2012 at 13:29
There is a location in Jharkhand near Tilaiya where nearly all properties belog to OBC category.
We need to start some industry in the area. This requires land. There is state government notification that OBC land can be purchased and mutated by another obc only from the same district.
Please advise on the teenability of the following:
1. I get a "FRIEND" obc.
2. Friend OBC buys the land.
3. For this, I lend the money to Friend obc at 12%
4. after mutation, friend obc leases it to me for 33/99 years on monthly rental with irrevocable POA for subletting for the period.
5. Or i make friend obc a minority partner who contributes land for the factory at say some 5% or 10% share.
6. Is above arrangement legally sustainable??
Bimal kumar surana
10 February 2012 at 13:28
Pl.know me How much space of carpet or builtup area in rebuilding as per rent control act under calcutta juridisation & other requirment/formilitis require as out of court settlement
pushpakrishna
10 February 2012 at 13:04
Dear experts,
Property/land came thrugh a regd.will deed can said to be self accquired property? Can a son and daughter object while disposing the land for their maintainence?Kindly advice.
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Specific performance of agreement!
Respected Members! A very happy independence day!!
I have filed a suit for specific performance of agreement (Ex.A1). I have also sought a relief to cancel the Ex.A2, a registered sale deed alleged to have been executed by the D1 in favour of D2. D1 much earlier to the Ex.A2 has executed the Ex.A1 in favor of the P.
I have examined three of the witnesses but could not examine the scribe r of the Ex.A1, as he is living in gulf. The suit is become listed matter now and I have also advanced my arguments. The stage of the suit is for defendants arguments. Almost the suit is in my favor as the D2 during the course of his cross examination deposed the” It might be true that the D1 has executed the Ex.A1 in favor of the P earlier to the Ex.A2”. Thus, I have suggested him the he had notice of existence of Ex.A1 much earlier than Ex.A2.
The suit is filed in the year 2007, now the scribe r of the Ex.A1 returned from gulf to my place and he is very much aware of all the facts and execution of Ex.A1.
Whether court will allow me to examine the scribe r as PW-4 who is crucial witness on behalf of the P, if so, what next?
Thank you,