umapathi.s
08 May 2008 at 11:05
sir, I have made a serious compalint to the Managing Director of the nationalised bank regarding corruption by the Deputy General Manager of the same bank who is prima facie involved in corrution in transferring of officers in violation of transfer policy. I have submitted the same to MD of the bank giving instances of violiation of polices and favour granted to some offcials of the bank to retain them in the same center of posting for more than 5 years. now, the DGM of the bank aggreived by this compalint is proposing to lodge a defamation case against me. whether he can file such case ? they have not concluded the comaplaint as false or baseless ? can a citizen be prevented from filing a complaint about corruption by public servent by filing such defamation case against the complainant? what are the remedies avabaile in case the case is filed aganist me ? I have done it in public interest and supported by logical conclusions. can mere allegation of corruption can be source of filing a defamation case against the citizen ? pl clarfiy.
R. Brizmohan Singh
07 May 2008 at 20:42
Dear Sir,
Can anyone explain whether in a case of unfilled but executed pronote, the plaintiff is entitled to recover when the rate of interest column was filled up after execution without intimation to the defendant as distinct from filling up of other columns. Can you also cite any Supreme Court Judgement to the effect that rate of interest is a separate contract and would not fall within meaning of inchoate instrument as to get protection under the Negotiable Instruments Act and in particular Section 20 of the said Act.
Gururja Rao
07 May 2008 at 17:17
sir,
I am new to city of Hyderabad, I want to have the guidance regrding addresses and locations of Registrar of firms (Companies), Registration of Trade Marks, Registration of societies,Registration of Recreation clubs,ULC Office,Huda office,Regisrtation of Partner ship firms,Land acquisition office etc. Kindly inform me.
Monish Nilwant
07 May 2008 at 10:25
Can Some one explain me is there a peovision in the evidence act which says that a 30 year old document is presumed to be valid and it cannot be challenged before the court of law as not being conclusive proof.
Shirley G e Fazal
01 May 2008 at 11:20
I would like to ask the Panel of Experts if in a Civil Declaration Suit in Property Claims can the Court pass Orders to prevent the Defendant to produce Relevant Documents like Inventory Documents of Inheritance,etc thereby proving Legal Rights to Suit Property ?
Shirley G e Fazal
01 May 2008 at 11:10
I would like to ask the Panel of Experts if in a Civil Declaration Suit in Property Claims can the Court pass Orders to prevent the Defendant to produce Relevant Documents like Inventory Documents of Inheritance,etc thereby proving Legal Rights to Suit Property ?
R Murali
29 April 2008 at 10:38
"X" is an employee of a Co-op bank has made some mal-practices by withdrawing the deposits made by public in the bank by putting signature of the depositors or taking advance signatures from the parties at the time of deposit itself. This has come to the notice of the bank and an enquiry has been ordered under Sec.81 of Co-op. Society Act 1983. An order has also been obtained to attach the property belongs to "X" on 8.3.2007. But before that "X" has committed suicide. But before that in the year 2004 some properties has been purchased by his wife & all the revenue records stand in her name. In the attachment order issued by the Spl. Officer of Bank, her properties has also been included.
Under the circumstances, if any sale deed is executed by his wife with "Y" whether such sale proceeds valid?
Arun Bhatia
28 April 2008 at 18:50
By virtue of Registered Will dt.24/5/96, W became legal owner of all the properties left by her husband and the same were duly entered in her name in revenue/municipal/huda records to which all other legal heirs ( two sons-S1 & S2 and only daughter) gave their no objection by way numerous duly sworn affidavits stating “they have no objection if the properties are entered in the name of our mother as per contents of the Will dt.24/5/96 executed by our father”.
Later on W decided to distribute the properties between her two sons by mutual understanding and as per this verbal understanding within the family, S1 became owner in possession of Property A&B and S2 became owner in possession of property C.
To implement the above family settlement S2 filed a suit dt 14/9/2005(S2 vs W & S1) for declaration & injunction in the court of Civil Judge, Ludhiana praying that the Plaintiff/ S2 be declared as owner in possession of property ‘C’ and Defendant no 2/S1 be declared as owner in possession of Property A&B. Also prayed for injunction so that Defendant no 1/W may not anyway transfer the property C of which he/Plaintiff became owner in possession.
However to avoid further litigations, W implement the above family arrangement as per a compromise deed dt.22/12/2005 as under:-
• Property A situated at Ludhiana was transferred by her(because she was the legal owner in revenue records) in the name of wife of S1 by executing a registered deed before the Sub-Registrar, Ludhiana on 3/2/06. S2 himself signed the deed as an witness.
• Property B was transferred by her(because she was legal owner n huda records) in favour of S1.Necessary formalities to this effect were duly completed in the office of Huda, Gurgaon on 6/2/06.
• Property C, at the instance of S2/Paintiff, was sold by her(because she was the legal owner in revenue records) to a person duly selected by S2 and the entire sales consideration of Rs 41.54 lacs was received by S2- Rs.30.00 lacs which W received by Draft was duly credited to the saving A/c of S2 by account payee cheque dt. 11/2/06 and the same was withdrawn by the Plaintiff/S2 and balance in cash. S2 himself signed the sale deed as an witness on 8/2/2006.
Thus the abovementioned family arrangement was concluded for ever. In view of this compromise, a copy of which was filed in the court of Civil Judge,Ldh alongwith copy of sale deed of property C showing the photo of the Plaintiff as witness, the suit having become infurcteous in respect of Property C and the properties A&B, these belong to Defendant/S1 as himself admitted by the Plaintiff also have been transferred, thus the suit of the Plaintiff satisfied/decreed in full.
But for the last more than 2 years, the Plaintiff is seeking adjournments for no reason and the court comfortably acceding to the request of Plaintiff without listening to us.
2. Rather, the Plaintiff/S2 filed another suit(S2 vs S1 & W) in the Court of Civil Judge, Gurgaon, in which the Plaintiff alleged that he is not interested to give his share of Property B for want of complete settlement since the earlier settlement although made fraudulently has not been complied with by anybody, thus the Plaintiff has been cheated.
Now in view of the facts stated above this is a case of abuse of process of Law because the Plaintiff has not disclosed to the Gurgaon Court any of the facts stated hereinbefore.
Now in Gurgaon court, we have since filed our written statement along with an application under order 7(11) read with section 151 of CPC stating the above facts. We have filed a certified copy of the Plaint dt 14/9/05 in which the Plaintiff himself admitted that S1 is the owner in possession of Property B. But the Plaintiff comfortably seeking very long adjournments and has not filed any reply to our application under order 7(11).Please tell me the future of these two cases and the application filed under order 7(11) in
punit jain
28 April 2008 at 16:59
Request you to suggest on the below query ASAP.
Deceased (son of the insured) travelling as a pillion rider on Motor Cycle, Suddenly at Speedbraker bike got skid causing fatal injuries to pillion rider. The mother of the deceased who herself was the insured of the said vehicle filed a claim petition before MACT Tribunal claiming compensation. She is the only Legal Representative of the deceased and she is impleaded as claimant(petitioner) as well as respondent in the capacity of owner (insured) of the vehicle.
Please give your valuable opinion on the maintainability of the claim petition by the claimant who is also an insured assuming that the pillion rider is also covered under the policy and petition is under section 163 A of the act .
Can claimant ask for relief against herself ?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
LOK ADALATH
whether pemanent lok adalath decide a case on merits if the concilliation is failed?