Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mahendrakumar   11 March 2010 at 07:19

Benefits of ambiguity/doubts

when there is ambiguity in interpretation of an agreement:-

a) the benefit of doubt/interpretation goes to whom?
i) the consumer/client?(student)
ii)the instituition (Private management)



VIKAS GARG   11 March 2010 at 02:35

stamp and registration act

here my question is that if any consent decree is passed by court in relation of immovable property then "is it necessary to pay stamp duty to get it registered?"

plz tell clarify the law in this regard.

Md Shadab Ansari   10 March 2010 at 21:25

Can a insurance policy holder claim for the lapsed...

Can an insurance policy holder claim for refund of premium paid of a lapsed policy. He took an ulip policy with 1 lakh premium but due to some reason he could not continue it. He only paid one premium of 1 lakh and it been around 2yrs. Please give me details if it could be done..Thanks

Clayton Mendonca   10 March 2010 at 20:21

Law of Limitation for complaint to Bar council against lawye

1) Senior Citizen hired a young lawyer for fighting case in Mangalore District Court. This case was for disputing a probate of his fathers Will.

2) The case was judged and decreed after one year in October 2008. The lawyer did not attend the Court for fighting the case even once over a period of one year and the judgement went against the old man.

3) Old man wants to file a complaint in Karnataka Bar Council against this corrupt lawyer.



What is the Law of Limitation for filing a complaint in Bar Council in Bangalore against this lawyer for professional misconduct? Is it two years? And, does the counting start from the date of the judgement and decree?



Thanks a lot in advance and regards,

Clayton


farooq   10 March 2010 at 17:53

About Temporary injunction

Hello sir,

Question 1:

We are having a land in our village, as it has been sold out by our relative without our permission, so we took interim injunction order in our DISTRICT court on the site, we send the notices to all the occupants but a person had already registered the land to his daughter we didn't know this so we send a notice to this person but now his daughter approaches MANDAL court and she also took the interim injunction order by showing that fake registration so what to do now sir?

Question 2:


One more thing in other plot we are trying to build a house. While constructing the opposite person came with their men and charged on us , we gave a complaint regarding this in the police station, the opposition also gave a false complaint saying that we too attacked them.
Police took both the complaint. what is this sir how can they do that?
So we need help sir, even after giving complaint each day they are coming with 25 to 30 people and vacating us.

Regards,

Farooq

Anonymous   10 March 2010 at 15:27

arbitration act

can an arbitration petition is file against an individual person? plz. provide me case law/ citation if any is available.

Amarita Kaur   10 March 2010 at 14:41

Tender submitted after the opening of earlier tenders

Please suggest
A government org. has pulished 1 invitation for tenders on 15th Feb 2010. The tender got opened on 4th March 2010. But on 9th March some more tenders were filed. On checking the org. ppl found that as updation on site says the tenders are invited till 9th March 2010.
Shall they reject those tenders as the earlier filed tenders are already opened. What all legal action sthey can take for the site updation says that the tendres are invited till 9th March ALTHOUGH the fact is that the tender were opened on 4th March 2010.

Please also suggest that if they advertise again for inviting tenders for how long they can advertise (Please recommend the shortest period) and can they reject the tender filed after 4th MAR. THOUGH THE SITE SHOWS THE TENDERS INVITED.

Jibanananda Goswami   10 March 2010 at 10:10

RTI and National Literacy Mission Authority

Dear Sirs,
In my previous queries, I asked several times about the legal value of an un-authenticated reply of RTI application. After first appeal, I got the certified copies of some (not all) documents but the original answers sheet is not stamped/sealed. Actually they just sent the certified copies and not anything else. But the answer sheet is the main evidence. The sheet is plain A4 papers. Each pages is signed by somebody(now after having the attested copy, I know that the somebody is P.R.A. NAIR, under Secretary to the GOI) Now the question is:-

1. The law of evidence permits that documents may be proved either by primary or secondary evidence. Sec.65 of the Evidence Act provides for the admissibility of secondary evidence under certain circumstances. In the instant case, eventhough the document obtained under RTI is not a certified copy, if the litigant files a sworn affidavit to the effect that he has obtained the copy of the documents through RTI and that the original is in possession of the party against whom the document is sought to be proved, then what will be the status of admissibility of this uncertified document. If there are any legal practitioners among our members, please clarify on this point.

2. As the documents are attested with signature and seal of P.R.A. NAIR and the answer sheet is signed by him, can the answer sheet be treated as authenticated by comparison of the signature on it and on the attested documents? Which authority can certify that the signatures are same?

3. Is there any legal term that describe "the reply must be signed, sealed and anything else required to be treated as evidence under all the Courts"? If any, please give reference to the laws. Even I mentioned the format as "Certified papers that can be used for official and legal proceedings" they sent plain copies first. In first appeal, I referred to the definition of "Certified copy" in INDIAN EVIDENCE ACT, section 76 and then got attested copies.

If you please like to see the complete information, visit www.openrti.co.cc. I have placed all scanned copy and also typed the content.

Anonymous   10 March 2010 at 07:34

Content Letter Not Accepatable to company after 2 years.

Sir,during december'06,I have done some work for one company at consideration of Rs.ABC/-. I have sent a letter to the company during Dec'06 contain the follwoing 3 matter:

1) My demand for Rs.ABC/-
2) One future demand i.e. if the same work has been redone after 3 years i.e.Dec'09, company has to pay me an amount of Rs.XYZ.
3) Acknowledgement for the same(above) as
"kindly acknowledge the same".

Accordingly, company has paid me a cheque for Rs.ABC during Dec'06 (as per my letter content 'A').

Further, the company has acknowledge the said letter by putting a signature of company official and the rubber stamp of the company (as per letter content 'C')

Terms 'B' has to be fulfilled in future i.e.Dec'09, if same works get redone.

Surprisingly, during Dec'09, the same work has been get redone,but company refused to make payment of Rs.XYZ (as per the terms No.2 of the letter drafted & acknowledged in Dec'06). Company now (during Jan'2010) state that signature and rubber stamp on the letter (Dt.Dec'06) is only an acknowledgement for the receipt of the letter and terms No.2 WAS NOT ACCEPATABLE TO THEM. (company has not rejected any of the contents of the letter till Jan'2010).

After my efforts of 3 months and on my failure to receive the amount from the company, I have served a 21 days Notice to the company through my local lawyer under section 434 of the companies Act'1956.

Sir, please advise me whether I proceed further in the matter, if company doesn't pay me the XYZ amount within 21 days and remain stick to his stand.

Awaiting for your reply.

Thanks.


kanti kumar   10 March 2010 at 00:16

judgement on order 16 rule 14

Is there any judgement of any court regarding the above mentioned order and rule for presenting relevant documents by the public authorities at the later stage of the suit