LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vijayj4.2012   4 years ago

Appeal

Hello Expert,
My uncle lost one application filed by opposite party and order is passed on this exhibit.
But now uncle is out of city and appeal need to filed on urgent basis.

Can lawyer in Civil Judge Senior Division file Appeal in District court without my uncle signature? If yes, please provide us some rules under which lawyer can file appeal, or party sign is mandatory to file in Appeal.

Anonymous   4 years ago

How to prove legal heir or wedded wife? by divya

My father was central govt employee. He went missing in 1999. My mother lodged FIR in 1999 and after a year, police submitted their non traceable report to the dept. Dept told my mother that she can only apply for family pension after the period of 7 years. She went in 2007-08 but They told my mother that my father is removed from services.

I filed RTI in 2015 to know the reason of his removal. I got to know that they filed charge sheet on the basis of absence on duty. We challenged the removal order in tribunal. Now they replied that there is other name in nomination so the dept is now saying that the nominated person is first wife of my father. So my mother is not entitled for family pension. My mother never heard her name from my father/in laws. My grandmother was died when my father was 5 and my grandfather died 20 years ago. We also not in touch with our father's brother.

I went to our native village to confirm from the people who know my grandfather/father. One of them told me that she was his first wife but she left him because my father was mentally upset. She filed divorce decree after 6 months of marriage. Ex parte decision was in her favour and she granted divorce. After some years, she got married to another person and my father got married to my mother.

We got free legal aid from Dist Legal Service Authority. Now our lawyer is saying that he going to withdraw case because we hide facts from him or else hes saying that look for that first wife and take affidavit from her that she dont have right on family pension, she divorced with my father and remarried to another person. Second he told us that if we produce succession certificate/legal heir certificate then case can be in our favour.

Now the first problem is that we dont know where is she and second problem is that police didnt provide us non traceable report. The dept obtained non traceable report directly from S.S.P so without non traceable report we cannot apply for death certificate and without death certificate we cannot apply for Succession Certificate and Legal Heir Certificate.

Please help what should we do now?

Anoop John   4 years ago

Minor car accident - stepped back from verbal settlement

My car involved in a minor accident with one tempo traveler last week. it was clearly tempo traveler driver's fault and he agreed to pay the bill after the repair of my car. When I called him with the bill after getting my car serviced, he refuses to pay saying the fault is mine. Can I approach the police to register the case after this one-week delay saying the verbal settlement violation? I have car dashcam footage of the accident and the opposite party is not aware of it.

Anonymous   4 years ago

Ancestral property

If father died before 1956..still daughter s get share or not
with respect to 1956 Hindu succession act

Hindu succession act 1956 is retrospective or only section 6 is retrospective.

Which law applies before 1956 .

prabir   4 years ago

Review application

In response to Mat suit that was decreed ex-parte, the respondent filed an application u/ order 9 rule 13. The application was allowed on erroneous ground that service was not undertaken by court process server. However, during review of the said order, the HC acknowledged that the service of summon was undertaken in ‘more than one way’ but prayer of petitioner to set aside the order u/o 9 R 13 was denied because for different reason as stated by HC ‘there was a change in 'set of Lawyers' during review; which again was inaccurate. My query is whether I could ask for review of the order in lower court where the decree was set aside based on the High Court order?

Anonymous   4 years ago

Adoption deed was created on white paper dated: 5-10-1951.

RESPECTED SIR,
ADOPTION DEED WAS CREATED RECENTLY ON WHITE PAPER DATED : 5-10-1951 AND FILED BEFORE THE HON'BLE COURT BY THE PLAINTIFF . WE THE DEFENDANTS DENIED THE WHITE PAPER DATED :5-10-1951 ON WRITTEN STATEMENT. IS IT VALID AS EVIDENCE IN THE COMPETENT COURT. AS WE WANT TO SEND THIS PAPER TO FORENSIC LAB TO IDENTIFY ITS AGE OF WHITE PAPER DATED : 5-10-1951 AND ALSO AGE OF INK .
IS IT POSSIBLE TO SEND THIS PAPER TO FORENSIC LAB BY FILING PETITION UNDER EVIDENCE ACT. CAN WE PROVE THIS PAPER IS NOT IN THE YEAR 1951 .. AND ADOPTION OF FEMALE BEFORE 1956 IS VALID ADOPTION? THANK YOU SIR.

Jaspreet Randhir Kaur   4 years ago

There is other name in the service book records of my husban

My husband was employee in department of telecommunications. He was mentally upset and went missing in 1999. Before married to me, he was engaged to someone else but on the wedding day, she and her family didn't appear on wedding when they got to know that groom (my husband) was mentally upset. After a year, he got married to me but he put her (his fiance) name in the service records after engagement as his wife and i was not aware about it nor anyone from my family know about this.



I filed FIR after he went missing and police dept filed their non traceable report to the said dept. They also mentioned in the charge sheet that I as wife filed FIR of her missing husband. But now they rejected my claim by ordered that my name is not there as first wife and I'm second wife of him and i don't have legal right to pension benefits. I have marriage certificate and also my sister in law can give written statement that my husband was not married before me. My sister in law know who was woman who was engaged to my husband and now shes also got married to another person.

How do i prove that I'm his legal wedded wife.



Rakesh Saxena   4 years ago

Marriage in a trust witness a relative and a pandit

My age is 28 and girl age is 24. We perform marrige in a place where we done all rituals and ceremonies like 7 fere, mangal sutra, maang sindoor and varmala. All this rituals performer in the presence of Pandit and one witness which was her relative. I have no marrige certificate for this. But I have photographs and videos of all this. Girl also have same videos of our marrige. Is it possible to cancel this marrige? Girl never stay with me she is living with her faimly. And want to live with me. But she is not good for me. Is this marrige valid? Is this marrige legal? Is she file a case against me? Actually her faimly not allowing her to go with me. We never stay together. Only perform marrige in a place. Kindly tell me what action this girl can take against me? Is this legal marrige?

Anonymous   4 years ago

Marrige in a trust

My age is 28 and girl age is 24. We perform marrige in a place where we done all rituals and ceremonies like 7 fere, mangal sutra, maang sindoor and varmala. All this rituals performer in the presence of Pandit and one witness which was her relative. I have no marrige certificate for this. But I have photographs and videos of all this. Girl also have same videos of our marrige. Is it possible to cancel this marrige? Girl never stay with me she is living with her faimly. And want to live with me. But she is not good for me. Is this marrige valid? Is this marrige legal? Is she file a case against me? Actually her faimly not allowing her to go with me. We never stay together. Only perform marrige in a place. Kindly tell me what action this girl can take against me? Is this legal marrige?

vnrchow123   4 years ago

Notice period not served due to major health issue

Due to major health issue notice period not served 2 months.

I worked company for only 2 months and I have resigned my job due to health issue .
Employer accepted my resignation and asked for serve the 2 months notice period.
I requested employer i can serve 3-4 weeks and will complete the KT & hand over all the activities to some one whom he nominate.
I shown all medical reports but still employer harassing me stating that to pay 2 months notice period salary other wise it will be legal complications.



Could you please advise on this further proceedings.