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vijay mehta   11 February 2010 at 10:26

Deficiency of service by Advocate

If Advocate on Record remains absent then what action Court can take/should take against such erring Advocate to ensure his presence.

I add further that the Advocate on Record has agreed to fees till final disposal, in writting and he is paid accordingly even than he can walk in and out of the matter at his whims and fancy??

Dushyant Pandya   11 February 2010 at 08:43

Contracts

Draft agreements or contract provided by solicitor or Advocate to client for verification. In such cases, which are the things or points that client has to check in draft?

s.loganathan   11 February 2010 at 08:17

Sarfaesi notice u/s 3(1)

I have been served unceremoniously with a Sarfaesi 13(2)notice through a paper publication under the pretext of 'avoiding of service'.The bank has issued this as "Substituted Service of Notice u/s 3(1) of Security Interest (Enforcement) Rules 2002". On inquiry at the Postal Dept., it was known to have been returned as 'Not Found' and not as 'Refused' since I was not in station. Furthermore, I am actively engaged with the bank through dialog & correspondence. No other means of service was even contemplated by the bank viz-a-viz ordinary post, courier, telegram, telephone, sms or email.Can anyone tell me exactly what sec 3(1) mentioned above says? Can 'Not Found' be construed as avoiding service? Opinion & advice please.

mahendrakumar   11 February 2010 at 06:37

judgements by NCDRF on any particular field

I would like to know the detailed judgements on any particular field/subject like education by the National commmission since its inception.

where and how can i get the details?

Atleast suggest some free web links in this regard.

Clayton Mendonca   11 February 2010 at 00:55

Deficiency of Service by lawyer

1) Senior Citizen hired a young lawyer for fighting two cases at the same time in Mangalore District Court. One case was disputing a probate of a Will. Second was a partition Suit related to the properties mentioned in the Will.

2) The first case was judged and decreed after one year. The second case is still running since three years.

3) In the first case, 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.

4) In the second case, hearing dates were scheduled for about 10 times over a period of three years. But the lawyer is marked absent on all these dates.

5) The lawyer kept telling the illiterate old man that the two cases have become one and that his presence in Court is not required for both the cases. The old man believed the lawyer hundred percent.

6) The son of the old man was abroad for the last three years and when he returned for his holidays, he found out the actual status of the two cases.

6) When the lawyer was confronted with these facts by the son, the lawyer refused to meet him and tries to avoid him.


What is the recourse for the old man now? How can he get justice for himself? The judgement of the first case and the court papers of the second case clearly mention that the lawyer did not attend even a single Court hearing. So, there is enough proof to show to the Court about deficiency of Service by the young lawyer.


Please remember that the old man is now 79 years old and has become very depressed. Also, we came to know that the lawyer is currently studying to give exams for becoming a Magistrate. It is a very clear case of corruption as can be seen from circumstantial evidence. How can we let such a corrupt person become a Judge?


Do let me know how we can get justice for this old man? And, at the same time, ensure that a corrupt person does not become a judge.


Waiting eagerly for your reply.


Thanks a lot in advance and regards,

Clayton Mendonca. B.Tech (Electronics Engg.), IIT, Bombay

Bhartiya No. 1   10 February 2010 at 23:31

ADVERSE POSSESSION

Respected Members/Experts,

Can any one post or make me available the Judgment of Hon'ble Supreme Court, where it is observed "

LAW OF ADVERSE POSSESSION NEEDS CHANGE.

Where A bench comprising Justices Dalveer Bhandari and Harjit Singh Bedi,had observed this.

Thanks to everyone.

Bhartiya No. 1   10 February 2010 at 23:28

A

Respected Members/Experts,

Can any one post or make me available the Judgment of Hon'ble Supreme Court, where it is observed "

LAW OF ADVERSE POSSESSION NEEDS CHANGE.

Where A bench comprising Justices Dalveer Bhandari and Harjit Singh Bedi,had observed this.

Thanks to everyone.

Gul Thadani   10 February 2010 at 22:49

Change of name.

Dear Mr Makkad thanks a lot.Please tell me as what should i tell the sectary of the society to do and if he refuses what should i tell him because they will tell me its leagaly caot be done as all of them are very elderly and i dont want to be in their bad books.How do i tackle them please help me as to what should i go and tell them.

Anonymous   10 February 2010 at 22:36

credit card problem

i have a credit card problem where huge rate of intrest late payment charges service charge service tax were charged ,any guidelines from rbi any favourable decisions to card holders

Anonymous   10 February 2010 at 22:24

credit card problem

i have a credit card from andhra bank with acredit limit of rs.15000 ihave a problem with bank that they are showing outstanding rs 50000 they charged me huge late payment charges service charge service tax etc..whether i have any option to challange the problem if yes where consumer forum can u provide me any guidelines r case laws favourble to card holders