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Arun   19 November 2008 at 22:32

is murder a accident..?

Hello, people i have case where a insurance company is elluding from its liablity to give insurance amount , to the nominee by stating that the death caused to the insured is a "murder smlificator"

Facts: mother is the nominee, daughter is insured person/deseased ... death was casued by murder, there are not even single instance which point towards the parents or relatives ... FIR has been filed n one of the friend of deseased been made as accused n trial is yet to begin ... now one of the insurance company is repudiating the cliam amt by stating the death caused is "murder smplificator"
So, can any one enlighten me wat is "Murder smplificator"?
and also
is murder a accident..?

venkat reddy   12 November 2008 at 09:18

specific performance

what is the limitation to file a suit for specific performance if it is more than three years is there any citation of apex court let me know.

yogesh   11 November 2008 at 14:23

written statement filed after 90 days in civil suit C.P.C.

in one case in gujarat the diffedent were served notices they didnt filed their reply also didnt attended through their lawyer,judge passed exparte order against them.on next hearing defendats filed application for by parte the case.with reason that defendant were busy in marriage.
judge passes byparte order without any cost.
then on d.e. stage they didnt attended also not filed their written statements. case on stage of issue of frames after more than 90 days on objection of plaintiff judge passed order against plaintiff and accepted written statment at cost of 250/- only.
there is no provision in c.p.c. for that.
what to do.?

amit kumar choubey   10 November 2008 at 19:29

Registration of Lease

Respected All,
I would like to ask in which states the registration of Lease agreement for a term of less than a year is compulsorily required to be registered.

With Regards
Amit

N.K.Assumi   10 November 2008 at 08:14

Void and Illegal

What is the distinction between void and illegal in contract? Can any one illustrate the difference between the two? Thanks in advance.

allurisivajiraju   09 November 2008 at 17:27

Execution of Civil arrest warrant by Police.

Resected Seniors,

Due to non co-operation of bailiffs the Dhr is not in a possession to execute the civil arrest warrant which was passed by the Court against JDr.

As a matter of fact the Court issued fresh warrant nearly 10 times against JDr. The JDr is working as Head Master in Govt High School. Each and every occassion the Bailiff's are co-operated to JDr. for non execution of warrant.

In the above circumstances the DHr. filed a petition U/S 151 of C.P.C. prays that to direct the concerned SHO (Police) to secure the presence of the JDr with a view to avoid the interferance of Bailiffs.

Now my question is whether the said petition is maintainable under Law or Not?

If yes, please refer some citations to that effect.

If not, what is the alternative remedy to the DHr to proper execution of arrest warrant.

Thanking You Sir.

N.K.Assumi   09 November 2008 at 08:08

See for All about surname and family name:

Family name what it is? Shakespear's says " What's there in a name?

A family name or last name is a type of surname and part of a person's name indicating the family to which the person belongs. The use of family names is widespread in cultures around the world. Each culture has its own rules as to how these names are applied and used.
In many cultures (notably Western, Middle Eastern, and African) the family name is typically the last part of a person's name. In some other cultures, the family name comes first. The latter is often called the Eastern order because Europeans are not familiar with the examples of China, Korea, Japan and Vietnam. Because the family name is normally given last in English-speaking societies, the term last name is commonly used for family name.
Family names are most often used to refer to a stranger or in a formal setting, and are often used with a title or honorific such as Mr., Mrs., Ms., Miss, Dr., and so on. Generally the given name, Christian name, first name, forename, or personal name is the one used aby friends, family, and other intimates to address an individual. It may also be used by someone who is in some way senior to the person being addressed.
• 1 Research on individual names
• 2 History
• 3 By language
o 3.1 English-speaking countries
o 3.2 Spanish-speaking countries
o 3.3 French-speaking countries
o 3.4 German-speaking countries
o 3.5 Portuguese-speaking countries
o 3.6 Dutch-speaking countries
• 4 By country
o 4.1 Armenia
o 4.2 Azerbaijan
o 4.3 Finland
o 4.4 Georgia
o 4.5 Greece
o 4.6 Hungary
o 4.7 Iceland
o 4.8 India
o 4.9 Indonesia
o 4.10 Ireland & Scotland
 4.10.1 Surname prefixes
o 4.11 Iranian/Persian
o 4.12 Italy
o 4.13 Lithuania
o 4.14 Malta
o 4.15 Mongolia
o 4.16 Pakistan
o 4.17 The Philippines
 4.17.1 Unique Spanish family names in the Philippines
o 4.18 Romania
• 5 By region
o 5.1 Cultures of China, Japan, Korea, and Vietnam
o 5.2 Scandinavia
o 5.3 Basque Country
o 5.4 Slavic countries
 5.4.1 Czechia
 5.4.2 Russia
 5.4.3 Poland
 5.4.4 South Slavs
 5.4.5 Ukraine and Belarus
o 5.5 Burundi/Rwanda
o 5.6 Eritrea/Ethiopia
• 6 By ethnic group
o 6.1 Jewish
o 6.2 Kurdish
o 6.3 Tibet
o 6.4 North Caucasian Adyghe Family Surnames
• 7 See also
• 8 References
• 9 External links

Research on individual names
Onomastics is the study of proper names of all kinds, including family names. A one-name study is a collection of vital and other biographical data about all persons worldwide sharing a particular surname. The Guild of One-Name Studies is a major UK-based organization in this field.
History
The oldest use of family or surnames is unclear. Surnames have arisen in cultures with large, concentrated populations where single names for individuals became insufficient to identify them clearly. In many cultures, the practice of using additional descriptive terms in identifying individuals has arisen. These identifying terms or descriptors may indicate personal attributes, location of origin, occupation, parentage, patronage, adoption, or clan affiliation. Often these descriptors developed into fixed clan identifications which became family names in the sense that we know them today.
In China, according to legend, family names originated with Emperor Fu Xi in 2852 BC.[1][2] His administration standardised the naming system in order to facilitate census-taking, and the use of census information. The surnames "Zhu," "Lee," "Chung" and "Chang" are most popular in Taiwan, and/or China. In Japan, family names were uncommon except among the aristocracy until the 19th century.
In Ancient Greece, during some periods, it became common to use one's place of origin as a part of a person's official identification.[3] At other times, clan names and p

R.Manivasagan   08 November 2008 at 21:10

Motor Accident Claims

My Client's husband was an Employee in Tamilnadu Electricity Board and drawn salary of Rs.10358/- per month and after all the deductions, he had received a sum of Rs.7400/- per month. at the age of 40, he died in a Road Accident leaving his 27 year old wife and 3 year old son. there is no custom in their community for re-marriage. Now the question is
1. Is the deductions by the employer has to be deducted while calculating the compensation or not?

2.How amount the Legal heirs can get as Compensation?
3. What multiplier to be adopted?
Please solve my query with latest citations. please my dear experts.

R.Manivasagan   08 November 2008 at 21:01

How we can mention the sur name in Tamilnadu

In Tamilnadu many people do not have surname, unlike other states. Instead the son/dauther carries the first letter of father's name as 'initial'.

For example if father's name is Sundaram and son's name is Natarajan, The son will describe his name as S.Natarajan.If Natarajan has a son by name Govind, he will describe his name as N.Govind.

So far no problem. But many forms of Govt and banking agencies etc, either ask for surname or ask the initials to be expanded.

Where surname is asked for, the Tamilnadu people treat initial as surname. So Natarajan will suffix his father's name to his own name and describe himself as Natarajan Sundaram. This is simillar to Ashok Gupta, whose first name is Ashok and Surname name is Gupta.

Where the form asks for expansion of initials, Natarajan is described as Sundaram Natarajan and his Son's name is described as Natarajan Govind.

Thus in one document,the same person is described as NATARAJAN SUNDARAM and in another document he is described as SUNDARAM NATARAJAN.

In one particular instance,the Income Tax department, truncated the name because they are very long in their computer format. The result was that in the Pan Card of grand son (Govind in our example) carried the Grand father's name ( Sundaram in our example). The assessee concerned, living in North India had a particularly difficult time in getting his PAN Card fixed.

Now his employer switched over to a new computer system, which, addresses the grand son with the faither's name.It is like calling Govind in our example as "Dear Mr Natarajan", because N.Govind is expanded to Mr Natarajan Govind.

Now my questionis: (1) what is the legally correct way of stating one's name for Tamilnadu people shwon in the example.
(2)How to deal with the non-uniform way of treating the names by different organisations so that legal complications may be avoided in Future.

srinivas   05 November 2008 at 18:15

Can Indemnity clause be exercised?

situation:
Mr.A defaults repayment of housing loan taken for purchase of a site and construction. The nationalised bank calls for an auction in its premises and sells the site to Mr.X in the auction. Mr.X has paid full consideration for the site but the bank has not yet registered the site in the name of Mr.X even after 22 months from the date of auction. When Mr.X verified the property documents which were with the bank which the bank did not give before the auction the bank did not have all the documents required for registration of the property in his X name. so Mr. X insisted the bank to induct the indemnity clause into the certificate of sale and to provide all the necessary documents required for registration but the bank is just deny Mr.x that they cannot give any documents nor they will induct the indemnity clause. When Mr.X verified a copy of the sale deed of Mr.A which Mr.X received from the bank , Mr.X came to know that the bank officials have released the loan to Mr.A even for construction when there is no construction at all and they are fearing that if they induct any indemnity clause they may be in trouble for any future problems that may araise in the future.

What measures can Mr.X take to get the site registered in his name?

Several requests to various officials of the bank have failed to get any response from the bank.(at the regional levels & h.o.level)