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Gururja Rao   24 March 2008 at 18:44

Amendment of bare Injunction suit to mandatory injunction suit.

Hi all,
I am the plaintiff in the bare Injunction suit filed by me against my brother restraining him from constructing house in common area, subsequent to filing of the suit, before summons could be served on my brother he settled the matter while assuring me that he will not construct any structure in common area, and beliving him I have not deposited process in the main suit though I got Interim Injunction, thereafter the suit filed by me was dismissed for default for non depositing of process on defendant in the main suit. After two years in my absence my brother started construction in common area and compleated construction. Immediately I have filed an application U/o 9 r-4 of C.P.C for restoration of suit and the same was allowed and on behalf of my brother an advocate filed vakalat and sought time for filing Written statement, Now my doubt is that however my brother compleated construction in common area, and by continuing bare Injunction suit no purpose is going to be served on me, in such circumstances shall I file Amendment petition u/O 6 R-17 of C.P.c for Mandatory relief, if yes is it maintainable in Bare Injunction suits. And further I need a proforma amendment petition praying Mandatory relief with relevant case laws if any. Kindly provide me as it is very urgent. expecting answer with proforma amendment petition.

davinder   24 March 2008 at 18:28

LIMITATION ACT AND CONTRACT ACT

AN AGREEMENT OF SALE HAS BEEN ALLEGED BY MY CLIENT ON 14/06/1999 THAT THE AGREEMENT WILL BE EXECUTED ON 14/11/1999. NOW ON 26/06/2007 HE SUED MY CLIENT ON THE BASIS OF THE LETTERS WRITTEN TO MY CLIENT. THE SECOND THING THAT MY CLIENT CAME INTO THE STEP SHOES OF HIS FATHER AFTER 2004 OF THAT PROPERTY THE HON'BLE MAGISTRATE HAS PASS THE INJUNCTION ORDER U/39-1,2 AGAINST MY CLIENT ON THE BASIS OF THAT VAUGE A LETTERS AND HE ORDERED THAT ORAL AGREEMENT SUFFICENT I NEED LAW ON THIS POINT AND AUTHORITY AGAINST THAT JUDGEMENT

Gururja Rao   24 March 2008 at 14:11

Marriage- divorce

Hi all,
one"X" performed love marriage three years back at Aryasamaj,concealing the same with both the parants, since other members of girl family to be get married,and both are living separatly in their respective houses from the date of marriage. after two years the other members of girl family got married,but thereafter the parents of girl after coming to know about her marriage with "X" not willing to send her to his place inspite of her wish, and threating him with dire consequences, therafter "X" lodged a complaint before concern P.S but since the concern S.H.O under influence did not lodged any complaint and sent him stating to settle the matter amicably, now the parents of the girl changed their address and the boy does not know whereabout of the girl, in such circumstances what can be done by "X"? kindly advise me .

Rakesh Kabra   24 March 2008 at 12:33

Partnership dissulation deed

Can give me the draft of dissulation deed of partner to me.
Thanking You
My maid id is cakabrabhilwara@yahoo.co.in

Dan Avson   24 March 2008 at 12:02

Bond period

I had posted a query about financial bond which was answered by expert Mr. Manmeet Singh Arora on 6th March,2008.This query stands resolved now.

I came across a similar query from Mr. Biprangshu Saha under the subject Bonded labour which was also answered by expert Mr. Manmeet Singh Arora but the response to this query has left me a bit confused.

In answer to my query, it is informed that company can not force me to pay the bond amount as this bond(on a 100 rupee stamp paper)does not hold a legal value and it can not substitue my will to join other company or resign.
Where as in answer to the query of Mr. Biprangshu Saha, it is informed that he either need to serve his full term as bond or pay back to company.

Please clarify.

Dan Avson.

Gururja Rao   24 March 2008 at 08:46

illegal- detention concealing FIR for Hours

Hi all,

In the name of enquiry or investigation how long the police can detain accused person without registering the F.I.R, and can it be possible to take any action against the Station house officer who by influence or for any other reason illegally detaining the accused person without registering the FIR, I am asking this question bcoz the senior citizens were made scape goats in one of 498-A complaint lodged by their daughter in-law, the police on receiving the said complaint came to the residence of her in-laws and took them in early hours around 6:00AM and made them to wait till next day after noon at police station only. mean while when the advocate reached to P.S to find out on what complaint they were brought,the concern police negligently told him that thier superior officer is not available as he was held up in another meeting it is not possible to show you FIR and further said that as and when the S.I returns he provide u with necessary information, but unfortunately it seems the said S.I turned up to P.S around 9:00Pm, till then the old citizen made to wait till that time since morning.

Himanshu Sharma   23 March 2008 at 13:16

Compensation Under workmen Compensation Act

Dear Friends

Is there any upper limit of Liability to an employer under workmen's Compensation Act, 1923 if an employee mets with an accident and suffers Permanent Total Disablement.

Please reply to this query on an ASAP basis.

Thanks in Advance.

Himanshu Sharma

jitender dhiman   23 March 2008 at 02:30

INSURANCE CLAIM

Dear sir/madam,
goodevening,
i want ask about a claim settelment case of my own father's life insurance.
my father took a life insurance policy (beema gold)from LIC of india in the year 2006 in the month of march dated 28th.his policy premium was 10000/- annualy.MY FATHERS AGE WAS 58 THAT TIME.in that policy he had the death benefit of 2 lac , as well as accidental death benefit of 2 lac.unfortunately in the year 2007, in the month of april dated 30th he died in a road accident.it was very unfortunate for me as well as for my mother also.any how,after several days of this sad moment my mother applied for that insurance claim ,the policy which my father opt for, but now insurance company is dening to give that claim by saying that policy was in LAPS mode. because my father dalayed the payment by one month one day.

sir i want to ask u that 1.-- our insurance agent delay that payment , my father already gave him cheque.
2.-- if a company giving the grace period of one month as their company proffessional are saying then u can see the calender at that day of april 28th was satureday (in this day most of the LIC office/employees are not working and on 29th it was sunday and on 30th (monday)my father died in an accident .my mother is saying that they were on the return way after collecting his own policy cheque from the agent because agent was not able to submit his renwal premium because of his personal problem.

now sir please help/guide us in this case that my mother was a house wife & i am also earning a bit.
please tell us what we can do now , is there there any possibilities to claim this amount by my mother, is there any law is available who can give my mother's right .please suggest the right way.

jitender dhiman

Kishan L. Agarwal   23 March 2008 at 01:07

Trust by Will

A man of 72 years wants to make a will giving all his belongings all moveable in Trust for public or private benefit but not to his heirs. Is it possible? If so, Pl advice the probable draft.

Ashish M   22 March 2008 at 23:06

What if FIR is not getting registered.???

once, while a watching a News T.V., i heard that in case the police is not getting the FIR registered, the victim can directly go to the magistrate and may record his/her statement. could u pls tell the section of the relevant code which so specifies and also the exact provisions.....?