JAGDISH KUMAR
15 December 2013 at 17:51
Suit for declaration
JK purchased 2 fixed deposit receipts from a nationalized Bank in the joint name of his son and self.
The FDRs [fixed deposit receipts] were made as payable to ‘either or survivor’ for 5 years and there after being renewed annually. The FDRs are still alive in the bank.
The son’s name was added out affection.
The fund was drawn from the self account of JK to make these fixed deposits.
The funds so consumed were the retirement benefits received by Jk on his retirement.
During a family dispute, the son insulted the father-JK first by giving a written statement in judicial case to defame the father and secondly by manhandling the father in front of the house.
Jk instructed the bank not to pay the FDRs to his son.
Jk-father filed a suit for declaration in the court for directing the bank to delete son’s name from the FDRs as these were purchased from the retirement funds of Jk.
JK has proved in the court that the funds invested in FDRs are his retirement funds.
The son has not put any evidence in his favour.
On the last date of the case, the magistrate admitted the fact that the FDRs are made from the funds of Jk only but in a fix whether the court can direct the bank for cancelling the name of the son from the FDRs.
Any authority/judgment on the subject may be sent to me for sake of justice.
Rajesh
15 December 2013 at 13:17
Sir, I as Defendant in a Suit for Specific Performance has received information/ documents under the RTI Act . I have exhibited all those the documents/information received under RTI by me while leading Examination -in-chief in the trial civil court and those documents had been exhibited without any objection . Certain information received through RTI is also available in Public domain of the Public Authorities as stated by Authorities in their replies.
In view of the above facts , Pl advise to me
(a) Whether the information received under RTI Act available under the public domain is per se admissible in judicial proceedings u/Evidence Act.? If yes , under Which section.
(b) Whether a document received under RTI Act and exhibited without objection at the time of evidence , can be questioned or not about its formal proof in the same court or appellate court, ?
Pl advise on above two issues in view of provisions of Indian Evidence Act or any Suitable case law on the subject.
sk..........
15 December 2013 at 12:49
In civil suit both suits are clubbed and trial is going on ,i am defendant in one suit and plaintiff in other,
now should i file and lead evidence as plaintiff or defendant evidence.
Unknown
15 December 2013 at 12:22
Dear All please suggest that is there any protection in law if fund was used by natural guardian from minor's account to purchase land but builder was cheater he is not returning money back.
Police complaint copy and cheque payment proof is there for evidence.
Minor's account fund protection in indian Law.
Thanks,
Singh
14 December 2013 at 23:25
Hi,
My client has filed recovery suit amounting 80000 only and is pending. However during pendency of the suit defendant got expired and we have made his legal heirs as party. His legal heirs said to my client that he will not be able to recover his money as they are going to sell all their movable and immovable property and will shift to some other state without informing any one. Could you please tell us is there any provision under CPC which restrained the LR;S of defendants to shift from delhi or any security is provided in the court to protect the plaintiff;s interest. Please tell the relevant section and judgement which help us in this case.
pravir singh
14 December 2013 at 22:30
in u.p. a civil appeal which is arising out in original suit which is valuation over five lakh where is appeal lie in the high court or district court please tell me a reasoned answer
hitesh s savlani
14 December 2013 at 21:33
hello experts
in this case A is a property owner and B is the tenant my question is that a has file a case in the court for the evacuation of the place
1) in this case A has a registered deed
2) tenant is not giving the rent from last 3 years
3)my question is that can i give the application to court for taking the security for the A rent unpaid rent by B
4)in which section
5)can i file criminal case under which section
6)in this case B advocate is taking the case as a rubber elasticity which has no meaning
adsuppal
14 December 2013 at 11:54
The facts are that: My client has a public charitable trust. He is the creditor of it. All the creditors want it to be dissolved so that they can compensated for their loss and liabilities. But my understanding is that Public Charitable trust is irrevocable.
How can a public charitable trust be dissolved in Delhi? Under which act can it be wound-up?
What is procedure for winding-up?
thanks
Rohini
13 December 2013 at 20:14
sir,
The plaintiff filed a money suit for Rs, 1,30,000/- under promissory note, the defendant filed his written statement denying the signature in promissory note, now on whom burden of proof lies to prove the genuenity of promissory note, kindly suggest me.
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Hindu undived family
Sir
Can a Hindu undivided family remain as undivided even after partition of their properties? Can they also make a fresh partition after throwing some properties purchased after the original partition in to the common pool along with the original properties. Pl clarify.