Anonymous
29 July 2011 at 10:24
If there is a contractual clause between 2 companies saying that every dispute has to be referred for conciliation before the initiation of legal proceedings will the clause be hit by sec 28 of the indian contract act because it is an agreement in restraint of legal proceedings?
Sec 28 says that "Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent."
How strictly does the term absolutely have to be interpreted?
Anonymous
29 July 2011 at 00:59
Is holographic will recognized in India?
Scenario : Testator handwrote a will under an assumption that it is a holographic will and it requires no witness and also mentions this in the will. All other formalities(signature.. format.. language) are met and the intention is very clearly stated. There is no other will. The evidence of Testamentary Intent is very clear from the will.
1) Would it still be considered an invalid will?
2) What happens in the absence of statutory requirements?
I came across a statement - "In the absence of statutory requirements, written instruments have been held to operate as wills, in whatever form or with whatever name they might have come into existence." Is this a true statement?
ARNAB BASAK
29 July 2011 at 00:13
WE STAY IN LAND FOR 50 YEARS. IF I PUBLISH LEGAL NOTICE FOR LAND OTHER NAME ,IF NO OBJECTION NOT ARISE FOR THAT LEGAL NOTICE FOR LAND.CAN THE CASE PROCEEDING BE SHORTER PERIOD.
THE LAND STORY IS , LONG BEFORE( 50) YEARS AGO, MY FATHER IN LAW BUY THE .PROPERTY.BUT HE CAN NOT REGISTER THE LAND. BECAUSE THE LAND BOUGHT BY HIS FRIEND. HE HAS NO INTEREST FOR THAT LAND. NOW NEXT GENERATION ARE IN PROBLEM .
HE SOME HOW CONNECT ELECTRICK AND MUNICIPAL RECIPT AND WATTER CONNECTION.HE ALSO BUILT UP ONE STORIED BUILDING BY MUNICIPAL BUILDING PLAN.WHICH, I HAVE IN THE FILE. THE LAND HAVE BOUNDARY WALL ROUND THE LAND.AT FEW YEARS BACK(3) I BUILT UP NEWLY BOUNDARY WALL ROUND THE WALL.
. THE PRESENT TITLE DEED IN WHICH NAME IS ENTRY IS STAYING BESIDE THE LAND.BESIDE THE LAND, OWNER, SELL THE LAND TO THE PROMOTER AND THE PROMOTER BUILD FLAT,
1) CAN LEGAL NOTICE BE THE BIG EVIDENCE FOR THE CASE.
2)BECAUSE THE LAND IS NOT ENTRY BY MY FATHER IN LAWS NAME , MY QUESTION IS THAT IT IS OUR DUTY TO PAY REVENUE FOR THAT LAND.
3)NOW MY FATHER IN LAW DEED. IF I FILE CASE IN THE COURT .BE THE COURT CAN ORDER TO CUT OFF ELECTRIC CONNECTION . BECAUSE THE ELECTRIC CONNECTIOB IS MY FATHERS NAME.HE (FATHER IN LAW) IS DEED.
4)WE PAID REVENUE FOR THAT LAND 2 TO 3 TIME UPTO 2003.
MY QUESTION IS THAT THE REAL(WHO IS STAYING) IN THE FLAT OR THE FLAT OWNERS PAY THE REVENUE FOR THAT TOTAL PLOT OF LAND.IF I PAY THE REVENUE FOR THAT TOTAL PLOT OF LAND. BECAUSE LAND HAVE NO MUTATION FOR MY FAMILY NAME.WHEN WE PAID REVENUE FOR THAT LAND , I SEE THAT IN THE RECIPT KHAJANA(REVENUE) IS PAID MY FATHER IN LAWS NAME TO THE REAL OWNER ,FROM WHICH HE BOUGHT.4)
CAN COURT ORDER FOR CUT OFF THR ELE TRICK CONNECTION
5)IS I PAY REVENUE FOR THE LAND,WHICH IS NOT MY FATHER LAWS NAME
Anonymous
28 July 2011 at 23:23
Respected Experts
Kindly let me know regarding procedure of filing petition before public utility authority in Haryana courts, is there any such authority working at Jind Haryana.Regards
Member (Account Deleted)
28 July 2011 at 22:00
to all the experts please:-
whether the consumer court have jurisdiction to try the suit in which the claim is for disconnecting the prepaid mobile connection without any information or notice. the jurisdiction is challenged u/s 7 B of Indian Telegraph act please reply.
Mahadeva Rao G
28 July 2011 at 21:19
Hello Experts.,
I need a format of a Suit to be filed against a TRUST. Can any expert in TRUST matters pls help me.
I am an ADVOCATE familiar with civil side.
Thanks.
Anonymous
28 July 2011 at 19:24
A person of Indian Origin, having US citizensship,maintained NRE account with a bank and held shares in a major Public Limited Company in India. The POI/NRI died abroad and had a will executed and probated in the US.
The wife/widow of the NRI/POI wishes to approach the Bank/company in India for payment of balance/transmission of shares to her name as beneficiary of the will.
I request worthy experts to advise me what procedure is required to be followed in both cases?
vyshnavi neelakantapillai
28 July 2011 at 17:13
with relevance to the advocates act and i wanted to know what is the difference between lawyers and advocates?
gajendra soni
28 July 2011 at 07:54
in the bank rule kisi officer ko kitne din tak suspension me rakha ja sakta hai yadi suspesion ko 4 years pure ho chuke hai. aur depotmental enquiry end huye pure 2 years ho chuke hai. please send me any citration and jugement name and case number. plese write me limitaion of suspension after end of deportmrntal enqury.gajendra
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children not allowed to play in the building premises.
I am living in a registered housing society and the society has passed a rule that children are not allowed to play cricket with tennis ball, basket ball and similar games where a ball is used.The only facility provided by the society is for playing badminton.
Now children are so used to watching Tv that we need to send them out for playing outdoor games so as to increase their physical activity but as per rules of the society we have to keep our children indoor most of the time as they cannot play outdoor games except for Badminton.
Pl apprise me about my rights in this case.
Regards
Manoj Gupta