LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

M R Shaikh   26 February 2013 at 15:02

How to withdraw an advocate frm court case in cat ,principle bench

Respected Sir,
I have appointed an Advocate for my case at Central Administrative Tribunal,Principle Bench,New Delhi .
But For the last 6 Time my case is listing Under the heading" Ready for hearing" but my advocate is not appearing and every time making excuse and it seems that he has intentionally delaying my case.
I want to withdrwa that Lawyer from my case and want to fight my case as "Petitioner in Person".
Kindly suggest me how to withdraw the lawyer from my case and also tell me how to appoint another lawyer or to argum my case as petioner in person........

Kindly guide me in this regards....

M Satyanarayana   26 February 2013 at 09:46

Secretly filing a new suit when already suit pending

Sir,

I have a doubt regarding my partition suit pending for final decree in the trial court againt forged relinquishment deed which is denied for non execution without consideration and insufficient stamp duty. I am waiting for final decree proceedings and it is held up. Can other party knowingly it is of no use in the present case can file a new suit for specific performance in another court while the case is pending in the present court without any leave of the court. How can I come to know that she is filing a new suit and taking advantage to get interim relief or injunction against the decree. Because either she will not give notice to me or she will post with wrong address.

PLEASE CAN YOU ADVISE WHAT WILL BE THE BETTER COURSE TO ADOPT IN SUCH SITUATION.

Thanking you,

Yours faithfully


MSN

Ravi   25 February 2013 at 22:40

Fake certificate

Sir,
My ward is pursuing MD (PG in medicine) course 4m a govt institute since last year. Alongside he was preparing for other competitive exam. On advice of seniors, he submitted fake medical certificate for seeking 6-month study leave from his institute. Now, his institute has verified and found the said certificate to be fake.

Please note that though my ward took admission in the said institute, he’s neither worked for a single day, nor drawn any salary from there. My ward is ready to resign but his institute insists that it will seek advice from DGHS/Min of Health & Family welfare before accepting his resignation. Request your advice on:

1.What is maximum action that his institute can take against him?
2.What can he do to get his resignation accepted and get his original certificates released from there?

We understand that he’s done a very wrongful act which was totally avoidable. But his entire career is at stake. Please help us in getting out of this problem. Please save career of an otherwise very bright student.

Damayanti   25 February 2013 at 20:01

Rule 9 in o47 of cpc. why limitation/bar is prescribed?

Rule 9 in O47 of CPC. Why limitation/bar is prescribed?

Bar of certain applications.- No application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained.

Can anyone explain the logic behind the bar prescribed.

prakash   25 February 2013 at 18:03

Partition deed

respected sir
my grand father late KENCHAPPA had 6acers of land,and 3 sons,1) Hanumappa, Ramappa, Nagappa ,ramappa and and hanumappa living together past from 40 yrs,they never visited the village becoz nagappa had quralled and beaten both hanumappa and ramappa,the 6acers land is in the name of hanumappa,both ramappa and hanumappa had filed a partition suite in the court now its 11th month,both are aged about 78 and 80,can the case will closed early on request to judge or by mediecal grounds,so far nagappa has not filed nothing aganist the above said case,what best possible for the early judgment,they need money for health,suffering from kideny problem,hemodiylisis,money is needed .
kindly do the needfull.
regards
prakash rr

Mrs.n   25 February 2013 at 15:57

Notary

Dear All,

we filed a case against one australian party in october-2012 at mumbai high court as cause of action was in mumbai.

now the letters patent is also filed in february 2013.

but the now the query have raised on suit and on letters patent petition that notary person must also write the statement that board resolution is seen by notary.

now the suit is dated october -2012 our notary is refusing to write the same.

pls suggest the alternatives.

prabu   25 February 2013 at 14:56

Judgement and degree difference

Dear sir,

We had civil suit judgement in favour of us.

> In that judgement,the defendants have to remove their encroachment with in 3 months from the date of receipt of judgement copy.

my doubt.

> the judgement is announced on 15-OCT-2012.but the judgement (degree) copy was given on 03-DEC-2012.

> in that degree copy title date was 15-OCT-2012.

> which date i have to take for reference.

Member (Account Deleted)   25 February 2013 at 13:45

Transfer of flat

We are a family of 4 siblings.

My father bought a flat in Mumbai in 1980. The title deed was in his name and my mother's name came second.

They nominated 2 brothers B1 and B2 as nominees.

After our parents death, we now want to transfer the flat into the names of legal heirs.

The two non nominated siblings are willing to waive their share in favour of B2,who wishes to live there, thus he will get 75% shareholding in the flat.

B1 refuses to cooperate and sign any papers.

The flat is lying vacant and the key is with one of the non nominated siblings who is paying the maintenance fees etc.

Can B2 live there with 75% shareholding?
Can B1 create any problems, legal or otherwise?
Can 3 siblings approach the society to transfer 75% share in B2's name?

manojkumar   24 February 2013 at 18:25

Some person made illegal building on our plot our of their khasra number

Dear Sir, I have a plot 210 sqyd on road at fatehabad haryana in khasra no 236/2/1/2 but some other person is in illegal possession in same land they have contructioned building in it . they have also purchase dead of khasra number 236/9/2
That is clear from pemaish patwari.dated 6/6/1990 This show that plot is part khasra number 236/2 and not arrive in 236/9/2
Now we have issued a 15 days notice personally to illegal possession holder that remove their malba from our plot and find their plot in khasra number 236/9/2 and cleen our plot if nor we go to court for possession with cost

How we can get our possession of same land from illegal possession holder
We ask from local advocate he advise us that case in civil court for possession & one advise for case in s.d.m court
Please tell me right way to so for
From manoj kumar panwar 9017619037.
Dear Sir, I have a plot 210 sqyd on road at fatehabad haryana in khasra no 236/2/1/2 but some other person is in illegal possession in same land they have contructioned building in it . they have also purchase dead of khasra number 236/9/2
That is clear from pemaish patwari.dated 6/6/1990 This show that plot is part khasra number 236/2 and not arrive in 236/9/2
Now we have issued a 15 days notice personally to illegal possession holder that remove their malba from our plot and find their plot in khasra number 236/9/2 and cleen our plot if nor we go to court for possession with cost notice is given blow

How we can get our possession of same land from illegal possession holder
We ask from local advocate he advise us that case in civil court for possession & one advise for case in s.d.m court
Please tell me right way to so for

-------------------------
i have serve the following notice to party

1-that you are owner of a plot measuring 7 MARLA out of khasra number 236/9/2

2-that you have mischievously and illegally made construction in killa no. 236/2 instead of your own khasra nmber. 236/9/2

3-that the above khasra number 236/2 partain to me i.e i am the owner of the above said khasra number 236/2/1/2 total of 7 marla through sale deed and mutation

4-that you have been told verbally many times to vacate the above said khasra number 236/2 but all in vain

5-that by this legal notice you are once again warned to remove your construction from our plot within 15 day of this notice

6-that if you fail to do so . i will be forced to take this matter to the appropriate court of law and in that case you will be responsible for all expenses and loss incurred by me
7- that this land is a part of 236/2/1/2 instead of khasra number 236/9/2 by the order of sh R.S CHOUDHARY HCS SUB-JUDGE II CLASS FATEHABAD VIDE SUIT NUM-1357 OF 1990
8- that in compliance of the said order i have a right to get dismantled this construction made by you

manoj kumar fatehabad

satayendra prasad dubey   24 February 2013 at 15:29

Effect

an interim 'no third party interest shall be crated till the next date of hearing' order passed by the high court in absence of respondent counsel subsequently not finalize that order but also not vacated after some time respondent sold the disputed property to his family member with a family settlement what effect of that order