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rajvinder singh   09 October 2009 at 23:12

status quo

There were two brothers .both constructed their houses on the plot of land which they got as per their share.as the plots were on road side both brothers decided to construct the shops on the front portion of plots and they constructed their houses behind the shops.for the purpose of ingress nad egress both kept a common street by leaving 2 feet of land from each plot.in this way 2 feet of land was left on western side by one brother and 2 feet of land was left on eastern side .consequently rasta of about 4 feet com into existence. Both of them used rasta since 1965. Now what happened one brother who was living on western side of my client sold the plot along with his house to some one. In the sale deed there is no mentioning of street which is 30 feet long.the said purchaser again sold the land to someone.this 2nd purchaser now demolished the whole house and started saying that he is the owner of 2 feet of land which was kept for common passage and enjoyed by my client for last 40 years along with his brother. A suit for injuction was filed .status quo guaranted on the basis of lc report. Sir they preferred appeal against the status quo order. Sir please suggest me how to counter the argument that rasta has not been mentioned in the sale deed. Pls suggest other arguments also

Raj   09 October 2009 at 22:57

Retirement from Partnership Firm & change in Firm's address

I am a partner in a partnership firm registered in Mumbai, now i want to retire from the firm. I went to the Registrar office in Bandra, I got incomplete replies as one gets from a Government clerks.

Two of us are retiring from the partnership so i have prepared the Deed of Retirement as guided here. Form E has been filled as required.

We also want to change the address of the Firm, Do i have to fill some other form and make some changes in the Deed of Retirement ?

M G Shanmughan   09 October 2009 at 21:08

Prevention of Food Adulteration Act-analysis of oil.reg.

the acid value of oil will increase by delaying the chemical analysis.is it true ?any ruling or authorization.

Anand Padmanabhan   09 October 2009 at 20:54

Amalgamated flats- society billing of common charges

Please let me know the rulings regarding:

The society passed resolution in SGM for billing on equal share basis the common charges as per byelaw no.69.

Certain Amalgamated flats not passed as per BMC Plan but amalgamated on self basis are refusing the share mentioning that it is a amalgamated flat and one family is living with one door and one kitchen etc.

allurisivajiraju   09 October 2009 at 20:43

Love before marriage.

Respected Seniors,

A Boy and Girl fall in love and both are enjoying from 2 years with physically and sexually. Now that Girl ready to marry another person without just and reasonable cause.
That Boy is still wants her and disturbed mentally and he is under treatment for mental shok and he also loss his bright carrier.

In the above circumstances what is the remedy available to that boy. What is the procedure to stop the marriage to be performed by that Girl with another person.

Thanking You Sir in Advance.

sunil   09 October 2009 at 19:52

quitting service

Respected Sir/Madam,
I have submitted resignation from my centeral govt. post for relieving me with immediate effect.I have also deposited one months salary for the one months notice period.There is no other dues against me. No vigilance/ disciplinary action is pending against me.But the department has not accepted my resignation even after one week and Deppt. is not relieving me.But I am not able to continue my duty. As I have to join another post.I have applied for new job without giving any notice to my present deppt.Can I go prior to
acceptance of my resignation by taking leave or remaining absent. So that I may join the other job?

Manpreet Kaur   09 October 2009 at 19:46

Claim on Property and Business enterprise

Hi,

My grandfather had a small factory for manufacturing tea machineries. After my grandfather expired, my father is running the business solely since the age of 16.
My fathers have 2 younger brothers, both married. The elder brother amongst the 2, expired around 15 years back due to drinking problem and didn't contribute anything or participated in the business. He has a son, age of around 18 years. The youngest brother also didn't do anything to the business nor did he participate. But he is running is wood business in Shillong on sole proprietary basis. My grandfather didn't make any will for the property. And we don't share any profits or revenue of his business, neither participated.
The factory is a partnership business as prepared by my father, wherein both brothers’ wives are partners along with my father and eldest sister.
But except my father, none of the partners contributed/involved in any business transactions of the factory.
But my father's youngest brother's wife has the signature authority in the factory's account along with my father. Now, youngest brother and his wife (both advocates by education) are disputing everyday with my father asking for the share of profits/revenue of the factory business as she is having partnership as well as signing authority to the factory's account. Also, the youngest brother is asking for the property division and his share at the earliest and also wants to run factory along with my father and wants the share of it as well.
He has taken all the cheque books and checked the account as well from our accountant and started sitting in the office of our factory.
My father has built the small factory into a big one all alone with reputed recognition in the state. He doesn’t want to give any share of the factory business neither wants to involve him in the business. He is emotionally torturing my father (59 years old) and my youngest sister (20 years old) who is looking after the factory everyday. Our family stays in the same campus in a separate house built by my father. The paternal home of my grandparents is lived by both the brothers and their family. In the meanwhile, the widow of the elder brother is asking for their share as well, as she says her son doesn't study and she needs financial security as well, wherein my father gives her monthly money for her regular expenses including her son's education fees, etc.

Kindly advice, can my father's youngest brother claim of factory ownership and share, and also his wife.

Now when the property division will happen, shouldn't youngest brother claim the property share what was left when my grandfather expired and not now when my father has built such a big business and property.

Please advice.

Regards,
Manpreet

Member (Account Deleted)   09 October 2009 at 18:59

Caste inclusion in Passport

Today I faced an interesting question from a person who belongs to Scheduled Caste community. He said ‘he benefited with SC certificate’. Why their caste is not included in his Indian Passport even though there is no caste significance in foregin countries. Passport is a multi purpose document used in our country for identification purpose.


Please comment

bhanu pratap720   09 October 2009 at 18:56

proceedings under section 145 Cr. pc.

if a civil suit is pending then proceeding under section 145 cr.p.c. cannot be proceeded with

premkumarnallari   09 October 2009 at 18:27

reconciliation through video conference

sirs,
The Hon'ble Family court at Sec'bad had rejected the request of recociliation through video conference.Aggrieved by this the petitioner moved the Hon'ble High Court,but the High court also dismissed the case and asked the petitioner to present himself for reconciliation.Now the learned counsel for the petitioner has asked for adjournment and wants to proceed to the Apex Court at New Delhi.As a matter of fact,the petitioner is being represented by GPA,who happens to be his own brother.The main petitioner as I told you earlier he stays in US.Can a GPA take initiation of filing cases in matrimonial matters.The actual culprit is the GPA only.I would appreciate if any of our experts answers to this.Finally, I would like to ask as to what the Apex Court's decision would be?

Thanks everybody,
with regards,
premkumar