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Yaseen Mohammad   11 February 2010 at 23:02

Injunction suit

X claiming property through will deed executed by her father and filed a suit for injunction against the persons who are claiming ownership over the land and also against her family members who are the parties to the will.

In will deed Y father mentioned total property in favour of his children & wife. During life time of Y there is a allegation that he executed GPA document in favour of Z. And Z sold all properties. During life time of Y, he filed criminal case against Z u/s.420 IPC.
The family members stood exparte in the injunction suit filed by X.

Now my question is whether the family members as defendants (my clients) has to appear before court or not. Because the property claiming by X is not of other family members (my clients). There shares are different from the X property.

The will deed executed by the father of X is ancestral property. Whether the Y is having rights to execute will deed as well as GPA for entire property, which is not his own earned property. He is only a share holder to the property along with X and my clients.

Anonymous   11 February 2010 at 21:08

LPA

sir wat is LPA & under wat sec.& artical it can b file is their any set language/formate 4 that if y then pl send me tat 2 or i can refer 4 any book
regards 2 all experts
sir in a single bench our writ is rejected now my advocate is saying v'ill file a LPA so i wanted 2 no wat is this & under wat sec/act/artical it cums
sir if i would no what is LPA then i wouldn't b asking tis Q 2 you i no LPA Latent Patent Appeal wn u challenge the judgement/order of single judge bench 2 the other bench where their might b 2 judges etc not much then tat

s.loganathan   11 February 2010 at 20:06

Sarfaesi notice u/s 13(2)- mismatch dates

I have been served Sarfaesi 13(2) notice. If the dates on the notice stating the date of NPA is wrong and I have transactions after the date mentioned and also a correspondence from the chief manager to prove that alongwith my statement. Does it make that notice void? Can I move the court on this ground to prevent 13(4) action? Maybe flimsy, but I could gain time for my counter, after all the bank has received 95% of the principal as charges debited from my receipts from the time my account has been in-operative.

archana rathod   11 February 2010 at 17:58

will

tipes of will can the person making the will change it and if yes then how many times

Anonymous   11 February 2010 at 16:11

ONLINE LIBRARY

I HAVE SEARCH VARIOUS ONLINE AIR LIBRARY ON INTERNET ,ALL WEBSITE REQUIRE SUBSCIBTION AMOUNT ,RESPECTED MEMBER CAN U SUGGEST WEBSITE WHICH REQUIRE NO SUBSCIBTION AMOUNT TO SEE BOMBAY HIGH COURT JUDGEMENT ,IN ORDER TO IMPROVE MY PROFESSIONAL KNOWLEDE

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