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sajeedrshaikh1   10 April 2015 at 21:37

Muslim law for land distribution

Hi,
Our family owns a land of 6.5 acres at our home town. There are 3 siblings among whom this land is to be distributed by their Father(who is no more).
However, the eldest son has sale-deed 2 acres of land from the father 18 years before. So, we have a total of 4.5 acres of land left. My query to you is, will the eldest son who has already sale-deed
2acres of land have equal shares in remaining 4.5 acres of land or not in Muslim law, since he has already taken his share from 6.5 acres. If not , is there a way to not include his share in 4.5 acres of land?

-sajeed shaikh

Aum Jadhav   10 April 2015 at 19:16

Specific performance

In an Agreement for Sale the Sale Deed was agreed to be executed after hapaning of a particular event. However the owner tried to dispose off the property to someone else defeating the right of purchaser.
Can the proposed purchaser file a suit for simplicitor Injunction seeking restrain from disposal of the property, without seeking the relief of specific performance, since the relief of specific performance would be available only after happening of the particular event?

shashikant bhardwaj   10 April 2015 at 18:59

Divorce case

Dearest Experts.

I need some help

my question is One party not appear in court. court decided x-party decision. final divorce degree same the last hearing in court.or next date.

what is the time limit re-open case in family court. how to re-open case procedure in the court.

Chitresh Sharma   10 April 2015 at 18:18

Can a foreign citizen file writ petition in india ?

I am working on a matter where an Indian citizen acquired citizenship of Canada.
Now when he came back to meet his relatives, he has been refused to enter India due to some misconception of him being involved in some anti social activities by the Ministry of External Affairs. A writ petition was filled on the issue and On reply from ministry they have just stated that he is involved in adverse activities and secondly writ petition is not maintainable by a foreign national. Petitioner is not involved in any criminal activity in India or in Canada as per the records form Canadian and Punjab Government.

Kindly help me out with the issues.

A. Maintainability of a Writ Petition regarding a foreign national. ( Please support your point with any Supreme Court Judgment ) as it would be really helpful for me.

B. They have mentioned him being involved in adverse activities but have not mentioned exactly what they really mean by that. So how should I go ahead with that, should I file a R.T.I asking the same?

SANJAY BUBNA   10 April 2015 at 17:44

Loan by an individual to another individual

Is it mandatory to have any kind of money lending license if any individual provides any loan to another individual?
I had provided an accommodation loan of 3 lac to my friend for his business purpose. He issued 2 cheques of 50,000/- each towards part repayment. Both the cheques got dishonoured. I filed case u/s 138 of NI Act. Now his advocate is taking plea that since i had lent the money without having license under Bengal Money lending Act,1940, the case is liable for rejection.

Please guide.

pushpakrishna   10 April 2015 at 17:42

Alimony

dear experts,
i have filed a Marriage Op for divorce on behalf of my client who is husband for desertion since 9 years from his wife with out any interruption from the both sides. i proved the case that she is living at her parents house since then and any type of petition not filed by her in any court for any relief.But she contested the above Op and interim maintenance ordered and paid.
The case is posted for arguments and the Hon 'ble Judge wants to grant Alimony.but i shown a Supreme court Judgement showing NO ALIMONY FOR DESERTED WIFE WITH OUT ANY VALID REASON.But i sense the Judge may grant Alimony.Statute it self says a deserted wife with out any reason can not entitle for any allowance. Kindly advice on this .Thanq.

Srijeet   10 April 2015 at 16:08

What will happen if court would not be able to select guardian for minor ?

Raman 16 yo dwells with in abusive atmosphere. His parents and his relatives are too mean, rude and possessive with him and I am his school senior. He has no good people to help him out execpt me.

Such abuse he is facing like forcing him to avoid contacts with other people like friends , blackmailing, showing unpredictable behavior, forcing me to keep away from recreational activities, pushing academically hard abusively

So as adviced by lawyers that i may approach the district legal service authority,as i am unable to afford legal fees,and i also belong to middle class family


I dont have the idea of further procedure and I doubt that would the court able to manage or not ...


What would happen if court wont able to get good guardian for him ?

C.Narayanan   10 April 2015 at 15:26

Gratuity

I have been working for last 26 years under one Gentleman who had worked
few years as Resident Rep. of a foreign company which is no more now.
Then in a exporting company where his wife was prop.
Then as partner in a exporting company along with his son who is no more now.

Now for last 10 years as proprietor of exporting company.
Totally I have worked under him for more than 26 years continuously without any break in service. Still I am working for him. He is a nice person but his problem is he depend others and believe others. Now my age is 64 years and I am planning to retire myself .

My last salary drawn is Rs. 30,000.00 all in all. How much Gratuity I am eligible for ?. Can you calculate and inform. My apprehension is that the present company has a Accountant, who says that I will get maximum gratuity Rs.2,25,000 as per gratuity law which I am doubtful. Moreover my boss will believe what the Accountant tells. I just want to know what the law says ?. I need your expert advice.

Best Regards
C.Narayanan
9312012990

ram   10 April 2015 at 15:10

0

My wife lodge FIR Against me 498/406/34 in delhi jan 2014. there is no casualty or medical.but they are showing any medical fake report(they told in front of judge)

after marriage we live separate from family with in 3 month,due to wife side force & pressure to make case. we have one child also aged 2 year.

Now I have applied in session for bail in order session judge declare bail on condition 17lacs so we went for high court to challenge amount.

HC order deposit Rs 4 lac in court & pay Rs 1 lacs to girl& Forward to midiation with pay 30,000 to midiator,WE DEPOSITE 4 LAC & PAY Rs. 1 lac to girl.in mediation wife is demanding 15 lakh to give divorce.

second case is also created against us when they come to our perental house & attack on us in morning & make mess break tv,table household items with 10 people. in spite of this police lodge FIR against US IN 324 342 ,506/34 due to money power& APPROACH.

so we apply in court 156/3 finally FIR is registered from our side 323/354/452/427/506/34

we have given 164 statement also notice is issued to all of them.

what we do know either we pay Rs. 15 lac to girl or fight in court whereas we offer Rs 11 lac to girl in mediation ............plz advise. 9717066828

pssthya   10 April 2015 at 15:02

Time limit for appeal in higher court.......



IS there any prescribed time limit

within which the judgment of the lower court

CAN be appealed OR challenged in the

higher court

after the judgement has been made by the

lower court???