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Queries Participated

Adv B.B.Gambhir #9814820602   18 August 2012 at 21:00

Order vii rule xi

my client and his friend gurdip singh are in jail appointed a general power of attorney(registered)to father of Gurdeep singh on which it has been mentioned, " No Possession of the property is given and no money transaction has been taken place" but on the basis of said GPA, father of Gurdeep Singh executed a sale deed in favour of Gurdeep Singh real son. when my cient came to know, he immediately filed a suit for declaration that the sale deed is declare to be null and void have no value in the eyes of law. the opposite party appeared and filed a application u/o 7 rule 11 cpc for rejection of plaint for want of court fee. i argued that i am still in possession of the property in question and i am not seeking possession of the property in question so i am not entitled to affixed ad-valorem court fee but the court allowed the application and directed us to affix the advalorem court fee. now i want to challange the order. whether the order is appealable or revision will lie. if appeal is lie can you provide any judgment or law.
thankyou

Dr C Suresh   07 June 2012 at 21:45

Unmarked document

Sir can you please give me citation of Hon Supreme Court judgment declaring that Unmarked Documents cannot be taken as evidence and it cannot be relied upon.
Thank you sir

Sakshi Srivastava   27 October 2011 at 22:09

Defamation case

Dear Sir

I am a freelance Events Manager. I recently organised a event for a client. The client requested for an arrangement for 450 people -> tending to 500

On the day of the event, 1000 people turned up from the client side. Eventually the system could not support the strength. However, the client shouted on top of his voice in the middle of all guest complaining about the lack of proper arrangements & highlighting the in-sufficient food etc with no mention to the fact that his guests had far exceeded the number mentioned to us in the work statement.

I believe that this incident has caused a high level of damage on my reputation as a events organiser & has caused a huge loss of potential business.

I want to file a defamation case against them. Can you please advice me on this. I am in Faridabad

Adv B.B.Gambhir #9814820602   01 February 2011 at 21:42

execution in 125 Cr. P.C

Dear brothers,
Neeru filed a petition under section 125 cr.p.c against my client rishipal in the year 2003. my client did not turn up so he proceeded against exparte in 2006 hence the petition finally decided in favour of neeru and court granted maintainence @1500/- p.m for neeru and her minor daughter. the execution for maintainance is pending in the court. but in the year 2007 rishipal become blind he is not earning anything. the application for seting aside exparte decree has been dismissed already. application under section 127 cr.p.c is pending now the court is saying either to pay the maintainance or i will send your client in bar. my question is what should we do to save my client to sending into jail as he has no money to pay. kindly suggest me.
thanks

Rahul Singh   01 February 2011 at 20:48

Liability for payment in M.A.C.T. cases

In a motor vehicle case, the tribunal has held that there is breach of policy condition with respect to D/L as the driver was not having a valid D/L to drive the Veh. he was driving.But in reference to the Judgment of the Apex Court in Ishwar chand v/s Oriental Ins.Co.(AIR 2007 SC 1445),New India Ins.Co.v/s Laxminarayan(2007SCC(3)700)the tribunal has ordered for 'Pay & Recover'.
I wish to have a ruling of the S.C.to the fact that when D/L breach is proved then the tribunal can't order for 'Pay & Recover',more so when the Claimants are the passengers of the Veh.itself & not third parties.Also powers under Art.142 rest with the S.C. only & the tribunals.!

Dr. Meeta Punjabi Mehta   01 February 2011 at 16:58

Seeking Legal Advice

A fake FIR has been filed against my husband. The FIR has been lodged by a police constable. Through several RTIs we have collected the substantiate information to show that the FIR is fake.

I will appreciate some information on the following. Whom should we approach to close the FIR based on our findings? Who has the power to close the FIR?

Thanks much for your input.

Regards,
Meeta

sangameshwara   01 February 2011 at 12:54

Is sale of land by GPA holder is valid??

"A" is ("A" full property is self acquired property as per the records)

"B" is ("B" is son of “A”, he is not having any share in "A" property. since it is self acquired proerty of "A")

“X” is GPA HOLDER from A & B

“Q” is our self.


On 1991 "A"+"B" Given a GPA to "X”,
(GPA registered in SUB-REGISTRAR OFFICE.)

on 2004 Again "A" is gifted the same property to "B".
(GIFT DEED also registered in SUB-REGISTRAR OFFICE.)

on 2005 “Q” We purchased a land from "X"
(SALED DEED registered in SUB-REGISTRAR OFFICE.)


While selling the property by "X" to “Q”, "B" is also signed as witness.

Problem is:
"A"'s grand son filled a suite against us . since it is her grandmothers he is having full right he is saying

"B" also filled a suite against us that these property is gifted by "A" , hence full right of these property is his own. ** Now B is also saying that he is not B, Changing is name as OOO (Both B & OOO is single person)


** A & B & X are still alive
** GPA is not canceled by A or B
** Left thumb impression of A & B & X are in GPA.

1. Let me know who is the having right in this property.
2. If ‘A’ is died what will be going to happen (becz “A” age is around 76years)
3. If "A" is canceling the GPA after sale deed was excuted by "X" to"Q" what will going to happen.

Kindly do the needfull

mukesh   01 February 2011 at 05:43

Has a widow right in first husband's property after second marriage?

A was head of a family. B is his wife. C is his mother.Father is no more. 'A' committed suicide.a lot of debt is on A's property. B took all insurance claim with her. B also demanded rest money after auction of A's property by bank.Now B did second marriage within an year.How a widow mother can get her share from B.Please anyone can help for this case at Ahmedabad/gujarat? Please send me contact details.Thanks.

dipankar   26 January 2011 at 19:28

injunction suit possible or not.

I have been suggested by experts to file injunction suit against my wife and her parents inorder to stop them from remarrying my wife.As proof of my marriage I have 2 witness,1 marriage photograph,and priest’s certificate.Can I file injunction suit with these proofs.I have already filed a case under sec.9 of HMA.My wife and her parents did not appear in subsequent dates.S
Also experts have suggested to file ROC against my wife immediately.Will you please illustrate the full form and meaning of ROC.
Please suggest if what other legal options are there.

Pranay   26 January 2011 at 14:20

phone tape evidence is admissable or not in india

Sir , i want to know that phone tape recording is admissable or not in Indian court as an evidence.



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