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Shekhar   08 August 2008 at 23:56

Possession of things and some important file

In 2006 my father in law has takan away the car in hand writing A4 size paper! there in my important file were there due to which i have suffered my Job.... The matter regarding the marraige Null and Void or divorce is going on court... pls. some one guide me to take my things and good back from there, must be some saction through which i can get my things! only her father has confessed the things with one person that his (Mine) things were there...

harish   08 August 2008 at 14:36

preponderance of probability in civil cases

sir/madam

i am not getting the supreme court judgements on preponderance of probability in civil cases for reference. pls help me regarding any citation referring the above phrase

KANDE VENKATESH GUPTA   07 August 2008 at 22:49

immovable property

Dear members, Whether a fish in the pond is immovable property or movable property, please clarify

Tarun Kalra LL.M, M.B.A   07 August 2008 at 18:05

FOREST ACT

DEAR SIR,

WE GOT THE STAY FROM MAGISTRATE ON SHAMLAT DEH, ADJOINING OUR LAND, THAT THE FOREST OFFICIALS CAN NOT PLANT TREES ON SHAMLAT DEH, AND IN THE WRITTEN STATMENT FILES BY OFFICIALS OF FOREST DEPARTMENT DECLAIRE THAT THEY NEVER PLANTED TREES ON THE ABOVE SAID LAND, AND NOW THE INTERIM INJUNTION IS GRANTED BY THE COURT (SO THEY SAID THAT THEY NEVER PLANTED TREES ON THE LAND, NOW STAY IS GRANTED SO THEY WILL NOT PLANT TREES ON THE LAND) BUT BEFORE FILING WRITTEN STATMENT, THE IN CHEATING PLANT TREES ON LAND,(BUT SHOW MISREPRESENTATION THAT THEY DID NOT PLANT TREES ON LAND, IN THE COURT) NOW SOMEONE UPROOTED THE PLANTS, AND THEY SEND NOTICE UNDER SECTION 68 OF THE FOREST ACT FOR RECOVERY OF MONEY TO US,(AS WE SAID THAT(YOU HAVE NEVER PLANTED THE TREES, AS SHOWAN IN THE W/S AND STAY ORDER) BUT THEY ARE ENFORCING US TO ATTED THEIR OFFICE AND THY WANT REVENGE WITH US AS WE FILES A INJUCTION CASE AGAINST THEM, NOW WHAT WE CAN DO AGAINST NOTICE UNSER SECTION 68 OF FOREST ACT, AS WE HAVE STAY ORDER

R.Manivasagan   06 August 2008 at 21:42

Civil Law-CPC-Order 22 Rule 2

I Am for the Plaintiff side.It is suit for Declaration of Title. The 1st Defendant died on 14.07.2007. The 2nd Defendant is one of his son and the 3rd Defendant is his one of the daughters.The counsel for the defendant did not inform about the death of the 1st Defendant. Anyhow immediately after the knowledge we had filed an application on 25.12.2007 to impaled the LRs's of the deceased 1st Defendant (the wife and another son and another daughter). We did not file an application to set aside the abatement for non taking steps within 90 days. Before filing that application I had consulted with a senior Advocate and he advised me that if other Legal Heris of the deceased were already on record, the question of abetment will not arise. so, I had filed the application accordingly, but the Trial Court dismissed our application on the ground that we should file an application to set aside the abetment. Is it correct or shall I file a revision against that order or Can I file a review before the same court. Wether the senior advocates advise is correct or not please answer my query.

JAGADEESH GOVIND   06 August 2008 at 14:09

Privity of contract

Dear sir,
I would like to produce a licence deed in the court as an evidence. But I am not a party in the agreement. Pl advice whether I could produce it ? If the opposite party raise the contention that I am a third party and no locus standi to produce the agreement. How could I defend it ? Whether it is hit by the principle Privity of contract ?
Jagan

R.VENKATESAN   06 August 2008 at 12:31

EVIDENCE ACT

One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day. Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing. A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008. In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.In the sale agreement it is receited that a sum of Rs.2,50,000/- was paid to X and the balance sale consideration payable is Rs.50,000/- only. Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA. The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act. Whether the unregistered instrument requires probate? Request for solution with judgements of High Courts and Supreme courts on this point.

Whether wife of X can question the sale agreement executed by X during February 2000 as barred by time? Whether she can question that the transaction is only a finance transaction and the same cannot be enforced?

R.VENKATESAN   06 August 2008 at 09:00

Evidence Act

One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day.

Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing.

A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008.

In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.

Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA.

The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act.

Whether the unregistered instrument requires probate?

Request for solution with judgements of High Courts and Supreme courts on this point.

PURSHOTAM BEHL   06 August 2008 at 07:45

ALTERNATIVE PLOT

I AM RUNNING AN AUTO WORKSHOP, IN DELHI SINCE 1989 , HAVING ALL PROOFS , IN AN UNAUTHORISED COLONEY, WHEREAS AS PER SUPREEM COURT'S ORDER ALL INDUSTRIAL UNITS RUNNING BEFORE YEAR 1989 ARE TO BE RELOCATED IN REGULARISED AREA CAN I FILE A WRIT IN HIGH COURT, AND GET RELIEF.

Srinivas.B.S.S.T   05 August 2008 at 00:51

Is an applicant under RTI Act is covered under meaning of Consumer in CP Act

Sir If the lower as well the appellate authority fails to comply the provisions can an applicant under RTI Act appraoch consumer forum for redressal of his grievance. Does an applicant under RTI Act comes under the ambit of consumer as per CP Act merely because he paid user charges?