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Queries Participated

M. PIRAVI PERUMAL   11 August 2012 at 19:47

Srilankan refugee - is he entitled to file suit

A srilankan came to india as refugee at the age of 7. He was admitted in the school at the 2nd standard. He completed his graduation. As normalcy has returned in their home country he applied and obtained birth certificate and got srilankan passport. To his surprise (their is one month difference in the date of birth). Hence a suit was filed for declaration for correct date of birth, mandatory injunction to rectify the date of birth. But the learned munsif said he is ready to decree the suit but need a citation to the effect that the SRILANKAN REFUGEE HAS LOCUS STANDI TO FILE CIVIL SUIT. Can any of our member help me by providing the citations please.

M. PIRAVI PERUMAL   28 July 2012 at 21:01

Exparte decree set aside petition

An application to set aside the exparte decree has been filed within 30 days from the DATE OF KNOWLEDGE.
The contention is that the application is filed in time as it has been filed within 30 days from the date of knowledge.
But the other side contends that application has not been filed under Section 5 of Limitation Act.
Can learned members of LCI give me any citations to support that application to set aside exparte decree can be filed within 30 days of knowledge and that there is no need for application u/s 5 of Limitation ACt ?

M. PIRAVI PERUMAL   14 February 2012 at 18:20

Date of birth & sslc marksheet

A srilankan-tamilian landed in tamil nadu as refugee due to civil war in their country. At that time he was around 7 years. He was admitted at schoool by his parents. At that point to time they have erroenously given wrong date of birth. Now, he after completing his professional course applied for passport. The passport authorities insisted for birth certificate of thee municipal authorities. As civil war is over, he through his friends obtained birth certificate. Only on receipt of the same he noticed that his date of birth is different. Now he has wrong date of birth in his educational records and another correct date of birth in his passport. He apprehends that this may be impediment to his future studies abraod. He is not employed with government or private hospitals. Now guide me how to set right this anamoly. I need serious and conrete guidance please. CITATIONS IF ANY SHALL BE OF MUCH HELP.

M. PIRAVI PERUMAL   25 November 2011 at 18:58

Bail : 2g spectrum case

Can any of the learned LCI members can provide the entire text of the bail order of Justice GS Singhvi and Justice HL Datt of Supreme Court granting bail to five executives in the 2G spectrum scam.

M. PIRAVI PERUMAL   21 June 2011 at 19:17

Section 30, Advocates Act, 1961

Till now advocates can file vakalathnama in Family Court after obtaining permission from Court of Law. Now Advocates Act, 1961, came into force, the Centre has notified Section 30 of the Act — with effect from 15th June, 2011. My question is whether advocates can now file vakalath straighaway at the time of filing of the petition ?

Anonymous   21 June 2011 at 19:13

Section 30, Advocates Act

Till now advocates can file vakalathnama in Family Court after obtaining permission from Court of Law. Now Advocates Act, 1961, came into force, the Centre has notified Section 30 of the Act — with effect from 15th June, 2011. My question is whether advocates can now file vakalath straighaway at the time of filing of the petition ?

M. PIRAVI PERUMAL   20 April 2011 at 17:59

LEGALITY OF MEMBER OF CIVIL SOCIETY IN THE COMMITTEE TO DRAFT LOKPAL BILL

Is it legally right to include members of civil society other than elected Members of Parliament in the committee to draft Lokpal Bill ? Requests the legal position and the opinion of the learned LCI members in this regard.

M. PIRAVI PERUMAL   19 April 2011 at 12:24

Validty of sale deed

Sir,

One of my client intending purchase a property has entered into an sale agreement with one Mr. X. While the above said sale agreement was in subsistence Mr. X has executed a sale deed in respect of the said property to a third party. Subsequently the said Mr. X has again executed a sale deed in favour of my client ? Now the said third party is claims right based on the sale deed. My client insists that since he is having sale agreement the sale made during the subsistence of the sale agreement is void ? Learned LCI members advise how to proceed. Kindly provide me citations in this regard so to proceed in the matter.

M. PIRAVI PERUMAL   28 January 2011 at 19:41

TELEPHONE SERVICES AND CONSUMER FORUM

Apex Court in “General Manager, Telecom Vs. M.Krishnan & Another”, have ruled, that in view of Section 7-B of the Telegraph Act, the dispute relating to Telecom service should be decided only by the Arbitrator, appointed by the Central Government and that all services relating to telephone are subject to Telegraph Rule and therefore, this kind of cases cannot be decided by the Consumer Fora. The relevant observations in the judgement reads “In our opinion when there is a special remedy provided in Section 7-B of the Indian Telegraph Act regarding disputes in respect of telephone bills, then the remedy under the Consumer Protection Act is by implication barred”.
By citing this citation the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai has dismissed all pending appeal against the telephone service providers and on the basis of the said ruling the District Fora all over the Tamil Nadu has dismissed the complaints against telephone service providers and are not admitting new complaints. Is there any latest citation of the Supreme Court subsequent to the above said decision. Learned LCI members kindly express your views on the subject.

Anonymous   28 January 2011 at 16:21

how to draft petition in a civil suit...?

my relatives had the ancestral property and self acquired property,they are living in joint family,father died then one of the son illegally partitioned the property and registered in his favour...then how to file civil suit...?