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

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M Satyanarayana   18 June 2012 at 17:42

Additional evidence in the same suit

Sir,

How many times litigant can file additional evidence/documents in the appellate courts in civil matter. After dismissal of appeal in the Supreme Court can a litigant has right to file documents/evidence in civil matter in the trial court in the same suit and again in the High Court synchronising with the judgement and circumstances of the case. Once there is evidence in the court can a litigant go back and change his documents or evidence in the appellate court. What is the rule for filing additional documents and evidence and at what level and stage of case in the same suit is allowed to the litigant parties in the court. What is the difference between additional evidence and additional document in legal parlance in civil matter. Now I am facing the same situation. What is the choice before me to deal with the dishonest and adamant litigant to prove the other party is on wrong side and is just wasting my time and money.

Kindly advise me I will be grateful for the advise.

Thanking you,

M.S.N.

M Satyanarayana   18 June 2012 at 17:12

Certified copy

Sir,

I had applied for certified copies in the Supreme Court of India they informed me that certified copies are not available in the supreme court since as a practice it is weeded out. However, they informed me Certified Memo of the party is available.

Please kindly let me know whether certified Memo of the Party obtained from Supreme Court in the case can be used in the lower court in the case.

Thanking you,
Yours faithfully,

M.S.N

Kunal Sarkar   18 June 2012 at 17:09

Arbitration clause in a vehicle in loan cum hypothetication agreement

plaintiff obtained a loan from private finance company and return the loan amount along with interest as per their Repayment Schedule and asked for clearance certificate. After two months the finance company issued a final notice demanding additional amount of Rs. 80,000/- with in 10 days in default they Repossessed the vehicle. Then the plaintiff through his Advocate sent a notice requesting them for furnishing detailed statement of Rs. 80,000/- and amicable settlement, but the finance company did not reply the said notice. Hence the suit.

The finance company after appearing filed a petition under Order VII, Rule 11, Read with Section 151 for rejection of the plaint on the ground that the of suit is barred by law as per Section 8(i) of the Arbitration and Conciliation Act, 1996, as the loan-cum-hypothecation enumerated Arbitration Clause.

my query is that,
1. Whether each agreement contains Arbitration Clause bar to file civil suit ?

2. Whether in this particular suit the provision of Order VII, Rule 11 is attract ted ?

3. Is there is any exception if this law ?

4. Whether after repayment of loan as per Repayment Schedule the loan agreement is in force ?

5. Whether the notice serve by the Advocate to the finance company is not sufficient to invoke the Arbitration clause ?

Rahul kumar   18 June 2012 at 15:42

Harrasment by builder and delay in possesion

Dear Sirs,
I have purchased a flat from builder SRS in Faridabad in Feb 2011 and the delivery was offered to me in the month of June 2011.
But builder has failed to deliver its promise and even today, no information regarding possession is given to me, i have made several follow-ups with them but nobody replied from builder side.
Other thing is builder harassment in the name of illegal demands. Builder is asking undue payment for which i am asking the justification.Instead of giving justification, they are sending me threat letter for cancellation of my property.
So i request you to kindly give your suitable suggestions.I can be reached at 9873800618

Pranay   18 June 2012 at 15:33

Blazeflash courier lost my parcel

Respected Sir,

I send a parcel through Blazeflash from Indore to Delhi on 16/5/12 but it is not yet delivered, now they are not replying also.
I am from Indore, and here consumer forum contact number is also not responding.

Kindly check the attachments about my interaction with blazeflash ppls through mail.

Ajay Pal Singh   18 June 2012 at 13:08

Limitation for filing civil suit

I have issued a notice within the limitation period of three years, can I sue the defaulter now after lapes of three years from the date of last transaction with him?

S C Garg   18 June 2012 at 12:49

Counting of past service

Initially the undersigned joined National Informatics Centre (NIC), Planning Commission, Govt. of India, as Technical Assistant ‘A’ w.e.f. Dec. 10, 1985 and started contribution to GPF System governed by CCS (Pension) Rules, 1972 and continued till October 27, 1988. The undersigned took up another appointment in National Horticulture Board(NHB), a Central autonomous body under Ministry of Agriculture, Govt. of India through proper channel and after being relieved by NIC to join NHB w.e.f. October 28, 1988 (F.N.) & contributed to CPF. The undersigned applied for the post of System Analyst advertised by UPSC in the year 2002 through proper channel. As per recommendation of UPSC & offer of appointment received from Govt. of NCT of Delhi (Annexure III), the undersigned joined services of Govt. of NCT of Delhi as System Analyst w.e.f. 16.12.2004. My date of birth is September 19, 1962 and date of superannuation after attaining age of 60 years comes out to September 31, 2022. The Issue is counting of Past Govt. Service. Pl See Full Details in Attached File & Advise.
Regards
S C Garg

Binu Pillai   18 June 2012 at 12:43

Regarding mutual consent divorce

A couple wants to get divorce on mutual consent what is the procedure to get it from court

Ashish Khandelwal   18 June 2012 at 10:20

Education loan

My one client has took an education loan from a nationalised bank on behalf of his fathers government job.

His father was the only earning member in the faimly.
After taking loan his father is expired and bank has recover some loan amount from final sattelement of his father.
Now his mother is getting pension which is not sufficiant to full fill there hous hold expences so he is unable to pay the loan.
for earning livinghood he also discontinue his study and now hi is searching for job.
Is there any way to take waiver from bank?

Dhirendra   18 June 2012 at 02:47

Obtaining judgement copy from bangalore small causes court

Dear members,

I need help in obtaining a certified copy of judgment from Bangalore Small Causes Court, have filed an application for the same and have a CR number.

My lawyers assistant has already extorted money from me on pretext of providing it to me but has not sent it.

I have filed an application for the same and have a CR number but was not helped by anyone at court.

Can someone please help me, please share your contact information and charges on indory@rediffmail.com.

Regards,
Mayank