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Suresh C Mishra   09 May 2009 at 20:29

coverage of daily wager in residential buiilding as workmen

whether a worker engaged by the residential building owner for a few days , on account of accident he died . whether he can claim compensation under the workmen compensation act, 1923. please suggest in support of building owner who is not in position to pay such a huge compensation what he can do ?

Arun Kalra   09 May 2009 at 18:22

Total Partition of HUF

After acceptance by the Assessing Officer of total partition of a HUF u/s 171, can the previous coparceners and members buy property in their own individual names or do they have to buy it in the names of their seperate HUFs, to avoid LTCG?

Ranganath.T   09 May 2009 at 17:40

to get katha in our name,

Dear Madam or Sir,

My Name is Ranganath.T

My grand mother was filled the suit against his relative, who framed “will” against her father property, civil court come to decide that “will” was not genuine and made by fraud and will should be cancelled in the year 1975, (in judgment) but in the mean time his relative (Mr. X) created the katha in his name in corporation authorities. After the judgment we are in the possession and he is also staying in the same site.

After the judgment my grand mother put the application for transfer or bifurcation of katha according to judgment in to corporation authorities but they had given one replay, to pay some amount as a tax or betterment charges but those days my grand mother in very trouble she did not paid that amount. pls tell me can we pay that amt including interest or any other charges to get katha; please give me your opinion on this because we are in very straggle to get the katha.

Is it possible to get the katha in our name or we should fill the suit against corporation or that person to get the property.

Thank in advance

Regards,
Ranganath.T

Ria   09 May 2009 at 17:30

Failure to file Vakalatnama

Respected Experts,

Iwould like to know who appoints the judges of fast track court at the district level.

Also during my previous hearing since my lawyers from a very reputed women's NGO failed to file a vakalatnama since the last 4 hearings even after paying their requisite fees in advance and take necesary steps to take the case forward even after having many evidences in my favour, I myself moved an apllication seeking grant of ex-part due to failure of conducting cross examination for 3 years by the repondant.

The judge has signed the ex -parte application stating "Other side to say". Since my lawyers did not file the Vakalatnama can I inform them by phone that they need not appear for the case hence forth and proceed with my case as party in person.

raminder singh   09 May 2009 at 16:22

dowry case pending in women cell

my sister's dowry case is pending in women cell. We want to file the case against her in laws as soon as possible but the women cvvell people have been delaying it for too long now.

Her husband admitted few dowry articles and falsely stated that jewellery was taken by my sister with her.

He has not returned the articles admitted by him.The women cell people gave him a weeks time without our knowlege. Even after week when we went there they said that case could not be registered as everyone was busy with elections.

We also wanted to see all the written statements made by them to womencell at various dates but they refused to show that.

We also want that the maintenance of my sister and her 4months old child be started as soon as possible.

What all critereas are seen while deciding on the maintenance?

Is there any means by which he can escape maintenance asying that he has no income?

He has not kept any property in his name. He has two plots in the name of her mother and two shops given on rent in the name of her mother.

he has no permanent place of business.

Also suggest us how to deal with women cell people if they try to delay more?

CK Nair   09 May 2009 at 14:41

Suggestion sought.

Sir,
My name is CK Nair, I belongs to Kerala. We have a small house within a plot of 53 cents (more than 1/2 acres) which was purchased by my parents in 1968 and was in the joint name of my father & mother.

I have one sister also.

My mother expired in the year 1986. During 1993, my father had made a deed signed by my father, myself & sister, dividing the property as under:

Out of 53 cents & house:

33 cents & the house jointly for my father & sister.

20 cents to me.

My father expired in 2007.

In fact I have to get 26 cents if it is equally divided, but my father has shown only 20 cents for me, and remaining 33 cents + house jointly to my father & sister.

Is it possible for me to get our property of 53 cents equally divided since my father is no more, and is the deed is lawfully valid, and is my sister have the rights make any deal i.e. selling of her share without my knowledge or permission?

Since my father has passed away, shall I have the rights to get my father's share?

Please guide me sir.

Satish   09 May 2009 at 07:43

Divorce & Stridhan

One of my lady client has filed s. 13 & s. 27 HMAct and 125 CrPC against her husband.
Husband appeared , filed w.s. in all the three cases. The case u/s 13 & 27 HMAct were consolidated by the court in an earlier date.
In last date husband filed a four line application in divorce case that he is giving his consent for divorce and the divorce case should be decided.
The court also became ready to pass the decree in divorce without deciding the other pending cases U/s 27 & 125.
The husband comes from Chennai & we know that after getting divorce decree he will not turn up in other cases.
We want that all the 3 cases should be decided simultaneously.

Now,
(1) Whether the Court can decide divorce on the basis of consent given by husband?
(2) Whether the divorce case can be decreed without deciding (before) s. 27 HMAct?
(3) If no, pls give any latest caselaw.

Satish   09 May 2009 at 07:21

S. 27 Hindu Marriage Act

Pls. any expert member provide me the full judgment ---

Dharmbeer vs. Vimlesh Kumary 1985(1) HLR 187 (Del. HC)

And also pls give the citation of any other journal as I can,t get the HLR (Hindu law Reporter).

Thanks in advance.
Pls. its urgent.

Abdul Ravoof   09 May 2009 at 01:33

SONS OF PREDECEASED SON

A muslim Father died leving his estate with wife, 3 females and 1 male live heirs. Eldest Son died before this father die(predeceased son). Now my question is according to Muslim law, can the grandsons/daughters of this Muslim father ( i.e. the sons and daughters of predeceased) have rights in thier grand father's estate or not? Kindly reply as quickly as possible.

Thanks and regards,
A.Abdul Ravoof

Satish   08 May 2009 at 23:06

S. 27 Hindu Marriage Act

Pls. any expert member provide me the full judgment ---

Dr Suraj Prakash vs. Mohinder Pal Sharma 1985(2) HLR 632 (Pun. & Har. HC)

And also pls give the citation of any other journal as I can,t get the HLR (Hindu law Reporter).

Thanks in advance.
Pls. its urgent.