Binod Kumar Mishra
22 February 2009 at 09:38
sir,
please let me know that whether i can get an anticipatory bail from High Court at Ranchi under section 498(A) and 3/4 of DP Act which has been filled by my wife to a counter blast to my divorce petition. she has filled the case on false allegation and after 2 and half months from filling of my divorce petition. our reconcilliation had failed and the witnesses were to be examined from next date. my relatives had got Anticipatory bail from Hon'ble High Court at Ranchi and now i have applied for the same. one more things if i can't get the AB from High Court will i get it from apex court. please send me some orders of HC or Apex in AB matter relating to husband. waiting for a quick response sir as i am seeing that my case will be listed by wednesday next.
P.Muthusamy
22 February 2009 at 08:05
My mother had left 21 house plots, 20 plots having an area of 5 and half cents and one plot of area 6 cents.
All plots have the same value of Rs. 20,000 per cent.
We are 5 sons and 5 daughters.
I am the third among the sons.
Mother had left no will.
I am of the opinion that the properties should be equally divided among the 10 members.
I have obtained the leagal heirs certificate from the revenue department.
But my elder brothers are against this 10 divisions.
They don't want to give shares to their sisters.
Their argument is that for their marriages
enough amount had been spent.
But the expenditure was done while my mother was alive.
My contention is that If we, including the mother, had spent money, the properties my mother could have been well sold during the life time of my mother and the amount could have been realised with the wishes of mother. But having the mother expired,(10 years had elapsed after the expiry of my mother) and having not written any will, it is too late to deicide other wise. Now there is no other go except partition among the 10.
Because of this dispute, we are not in a position to transfer the properties in the individual names.
My question is ,"Is there any way without going to court, to get my 1/10 th share, (not 1/5 the share), with out bothering about others.
Kindly note that leaving the 6 cent plot, can I transfer two plots in my name which is of equal area and value as other plots.
Learned experts please advice.
Thanking you,
P.Muthusamy
22 February 2009 at 07:52
My mother had left 21 house plots, 20 plots having an area of 5 and half cents and one plot of area 6 cents.
All plots have the same value of Rs. 20,000 per cent.
We are 5 sons and 5 daughters.
I am the third among the sons.
Mother had left no will.
I am of the opinion that the properties should be equally divided among the 10 members.
I have obtained the leagal heirs certificate from the revenue department.
But my elder brothers are against this 10 divisions.
They don,t want to give shares to their sisters.
Their argument is that for their marriages
enough amount had been spent.
But the expenditure was done while my mother was alive.
My contention is that If we, including the mother, had spent money, the properties my mother could have been well sold during the life time of my mother and the amount could have been realised with the wishes of mother. But having the mother expired,(10 years had elapsed after the expiry of my mother) and having not written any will, it is too late to deicide other wise. Now there is no other go except partition among the 10.
Because of this dispute, we are not in a position to transfer the properties in the individual names.
My question is ,"Is there any way without going to court, to get my 1/10 th share, (not 1/5 the share), with out bothering about others.
Kindly note that leaving the 6 cent plot, can I transfer two plots in my name which is of equal area and value as other plots.
Learned experts please advice.
Thanking you,
Kamlesh soni
22 February 2009 at 01:02
Respected Experts, please give me the criteria to be a lawyer of supreme court.who can practice in supreme court?will any one lawyer can be member of bar council of any state in the country? can he will be the member of more then one. for example I m advocate in gujarat and want to practice in mumbai, what i have to do?
V.V.RAMDAS
22 February 2009 at 00:46
Sir/Madam,
Would you like to clarify my problem? My problem is - Plaintiff filed a suit for a path/way from his house to road intervening a government land over which 8 quarters exists, with a prayer to declare his right and to demolish 8 quarters along with perpetual injunction. Ultimately the court decreed in his favour and he filed for execution of the decree. So my question is can this decree is executable without a separate prayer of Mandatory injunction. If yes kindly do provide some citations of any High court or Supreme Court. Waiting for your valuable reply. -Ramdas-
mehul
21 February 2009 at 22:55
Mr.X a Hindu individual and a bank employee purchased a piece of land in 1975 in with own source of income and later took housing loan form the bank he was working and built a house and the loan amount was deducted form his salary for 35 years. He was deceased in 1997 Instate leaving behind wife and 3 married daughters and 1 unmarried daughter.One of the daughter married intercaste with a Muslim. After Mr.X's was deceased his wife paid the balance and cleared the housing loan with the bank.
A legal heir suit was filed in the court and the court passed the decree stating the wife and 4 daughters as legal heirs of Mr.X.
Later they sold the house which Mr.X and built in 1975. Now they want to purchase a house.
Please enlighten on the following:
(1) The wife of Mr.X wants to register the new house in the name of all 5 legal heirs of Mr.X (i.e wife and 4 daughters) But it is not possible as 3 married daughters can not be present at the time of registration and Power of Attorney also cannot be obtained due to time factor and geographicals reasons. Is it possible to include the name of all legal heirs in the Sale deed at the time of registration and whether the Sub-Registar will register.
(2) Can she make a will and bequeath the share to al the 4 daughters.
(3) Whether in case later the daughters at a future date want to sell the house after the death of Mr. wife can they do it without legal problem ar again a succession/legal heir certificate has to be obtained by the daughters.
(4) Whether all above will be a legal accepted.As per Hindu law/Muslim law or other laws which affect the individual and legal heirs
(5) Please suggest best possible legal solution to benifit all
sanjay kumar patibandla
21 February 2009 at 18:51
One gentle man filed a case under 138 of NI act. When it was come for trail he filed his chief affidavit before the court. After that he came to witness box and the defense council cross examined him. Entire trail completed.
At the time of arguments the defense council raised a point that the chief affidavit was not attested by any person hence the evidence of the complainant can not be taken into consideration. So the accused must be acquitted.
Is it correct as per oath act or general clauses act. Please let me know.
viswanaathan A K
21 February 2009 at 18:18
Pl give the report on consumer protecton Act, That is a loss of Fire. The Building and plant and machinery was about 10 years. There is loss of underinsurance. Pl gve the details.
A.K.Viswanaathan
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Vakalatnama
Sir,
I was working with one firm, there was 138 mattter filed in court-the said complaint was prepared by my colleague, I was not aware about the facts of the case.
Our firm asked to file vakalatnama us(my colleague & me) on behalf of firm.
The matter was filed in court by my colleague using the same vakalatnama.
Soon after that my colleague left the firm, and after a months time I joined an independent lawyer.
Wht happened in that case, the accused approached me & asked me to appear for her.
My query is can I file my vakalatnama on her behalf( Vakaltanama for complainant has now be signed by some other advocate from the same firm)
Can opposite advocate for complainant take objection on filing my VP. Frankly, when the complaint was handled by my earlier colleague- from drafting to filing, appearance- only the vp contains that colleague & my name. At no point of time I was aware about the facts of the case
My senior tells me I shall take up the matter
Regards,
Bindu