Nishant Singla
15 October 2008 at 22:02
My uncle has a shop by the last 40years which is alotted to him by the Haryana Wakf Board. At that time the rent was 2rs per month only. In between Wakf boart filed a suit in court for the increment of rent. Court fixed it up 5rs only. Now, after 20 yrs wakf board now refusing to receving the rent and asking to increase it up to 100rs per month. And the roof of the shop is in very poor condition, and we want to get repair it. So, plz suggest me what we shall do in this worse condition. Is we file a complaint against them in civil court or let the other way to solve the situation.
shivraj
15 October 2008 at 20:54
whether power of attorny can be a withness in any case? plese give reference of any case laws about applicability.
Vikas Kr. Sinha
15 October 2008 at 17:00
Dear Experts,
Kindly let me know a citation of a Supreme Court Judgement that:
**** Unrecognised Union cannot spouse the Dispute of "General Nature", which relates to all the workmen.
Nishant Singla
15 October 2008 at 16:09
Dear Lawyers,          Â
Could u plz provide me leading Judgement of the cases of defamation u/s 499,500,501 of IPC.                Â
Nishant Singla                ph no-09354519053
email-nishant_etp4@rediffmail.com
N.K.Assumi
15 October 2008 at 15:57
In a judgment the decree was passed only against the borrower,whether execution can be proceeded against the borrower as well as the guarantor though no decree was passed against the guarantor.
sanjay kumar patibandla
15 October 2008 at 14:40
One boy under 18 was arrested in theft case. No person applied for bail for him. So the chairman of the board closed the case and sent him to Bostan school with out conducting trail.
But Now His mother came to court and wants to file bail petition.
What is the procedure?
Weather the board of jevainele board is having power to reopen the case?
Jevainle board was newly established in our town
baljit singh
15 October 2008 at 12:55
wherther the accused can take benefit of number of the cheque wrongly quoted (only one digit) in the complaint whose date and amount is same and there is only one transaction between the complainant and accused. apart from that the evidence shows taht the wrongly numbered cheque was never issued to the accused by his bankers and if the digit wrongly quoted is replaced by the one to be one to be right then the said cheque was do issued to the accused by his bankers. quote some case law also.
baljit singh
15 October 2008 at 12:54
wherther the accused can take benefit of number of the cheque wrongly quoted (only one digit) in the complaint whose date and amount is same and there is only one transaction between the complainant and accused. apart from that the evidence shows taht the wrongly numbered cheque was never issued to the accused by his bankers and if the digit wrongly quoted is replaced by the one to be one then the said cheque was do issued to the accused by his bankers. quote some case law also.
baljit singh
15 October 2008 at 12:48
where shall an appeal lie against the dismissal of an application u/s 8 of the hindu minority and guardianship act 1956 disposed of by the court of Civil Judge(Junior division)under the delegated powers. also quote some case law.
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scope of FDP to delete lr's on record based on law
A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..
While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,
Hence all their LR's had to be brought on record to represent them in FDP.
In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..
But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.
FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.
Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.
question:
FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...