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nikhil   19 March 2012 at 01:12

Traffic offence

i need a lawyer for traffic offence who is honest, really loves his country & justice more than his profession.can someone suggest a name?

vijay bharwani   19 March 2012 at 00:37

My laptop warrenty

my dealer given me an illegal shipped laptop of HP company, and the company is not giving me the warranty of that laptop. I went to the lawyer and ask him to file a case for me.
He told me that firstly a notice is sent to the dealer and than a FIR will be filed. And than after we will file for the case in consumer court.
Now i want to know that if i will be charged for FIR also.

x   18 March 2012 at 21:16

Missing signatures on an agreement

If a photocopy of an agreement is produced in court and on certain pages of the agreement, there is signature of only one party. Is it true that conditions on the page that has only one signature can be challenged and ignored by the court?

Thanks in advance

adv.durgadas k.kulkarni   18 March 2012 at 20:54

Withdrawal of suit

R/Experts,
Facts of the case are as follows,
Plaintiff is the owner and possessor of land admeasuring 1000 Sq.Mtr.The defendant encroached upon 25 Sq.Mtr. of plaintiff's land and 40 Sq.Mtr. on Govt.road and was trying to construct.
Plantiff has filed suit for injunction and possession alongwith temporary injunction application in 2010.The lower court granted temporary injuction application.By aggrieved with the order defendant filed Miscellaneous Appeal and same is pending.
Defendant stated in appeal that the old survey no.202 of the suit property is not owned by respondent/original plaintiff.Defendant is taking this type of stand because plaintiff has pleaded this no. in his plaint.But actually position is that,plaintiff is owner of Survey No.201,due to typographical mistake survey no. 202 has been typed instead of 201.Defendant taking disadvantage of this mistake.
Meanwhile the M.C. removed the encroachment which made by defendant on Govt.road in March 2012.The prayer made by plaintiff is fulfilled by the M.C.to the extent of govt.road.Defendant is still encroacher on the plaintiff’s land though his encroachment is removed by M.C.
Now my question is that,whether plaintiff should proceed with praying removal of 25 Sq.Mtr. of plaintiff's land and 40 Sq.Mtr. on Govt.road ? Or withdraw his suit reserving right to file a fresh suit for removal of 25 Sq.Mtr. of plaintiff's land?
Please advice me , which step should I take?

yogesh   18 March 2012 at 19:21

Whether one should file writ petition or pil?

A professional has grievance against regulating body which has diluted the standards and gave approval of short term course.In the eve of this all professionals of the same stream across the country has gone for massive strike and compelling regulating bdoy to withdraw the short term course
Now A wants to file petition before the High Court against the regulating body
whether filing PIL is more safe or writ petition is approparite as now a days the H.C has been imposing penalty aginst the litigants

pawan kumar   18 March 2012 at 18:05

Eviction case

case filed ag me for non payment of rent. idid not file w/s nor appeared and case was adjourned for exparte evidence of plaintiff. i requested court to set aside exparte evidence. court agreed and poste case for consideration assessment of rent. can on fixed date i can be absent to drag the case further or court can do cosideration and assessment of rent in my absence

Manoj   18 March 2012 at 17:58

Enforcement of security

'A', serving in indian military, had bought a plot of land in his native place in Gujarat, and borrows loan for construction from bank on said plot of land.
‘A’ dies(commits suicide) survived by his wife-(B) and a minor son-(C). As ‘A’ dies any of the instalments of construction loan is not repaid. B his wife remarries. "C" is staying with grand parents.

Now my queries as follows :

(1) Whether Bank can enforce the security in any way and can sale the house as construction loan has not been repaid.
(2) As ‘A’ was serving in military is there any exemption that is available to “A” such that his heirs are exempted from repaying the entire loan.
(3) Now another question is how the property is devolved as “A” dies and his widow remarries and there is son-“C” from their wedlock. Who will be the owner of the property

Vinesh K Chhaya   18 March 2012 at 17:58

Application of judgment to subordinate court

On Which point of views the judgment can be applicable to subordinate court in similar situation in different cases?
Any Judgment or Citation of Ruling available?

Dr.Gaurang N. Gandhi   18 March 2012 at 17:46

Application for birth certificate .....

sir,

My client is from Thakor Community. They had not registered her daughter's name in birth & death register maintained by municipality.

unfortunately, she is 22 year old but illiterate and uneducated so she does not have School leaving certificate.

Now she wants to register her marriage.

so the question is that whether the certificate issued by Civil Surgeon is valid certificate for age confirmation?

is there any judgement of SC or any of HC?

We have filed a petition in JMFC for getting order for birth registration. now how to convince the court the approximate date of the girl.... because Judge asked the proof of birth date of the girl...

its urgent because parents of girl are ready for the marriage but not the boy's father......

Arvind Singh Chauhan   18 March 2012 at 16:26

How can i corrrect my mistake ?

Sir,
In succession suit. Opposite party's lawyer while cross examination, put suggestion to my client as " MERA YEH KAHENA HAI KI IS DHANRASI KO PANE KE LIYE KEWAL TUM HI UTTARADHIKARI NAHIN HO BALKI TUMHARI BHABHI BHI HAI "

my client was a lay man he was confusing. I interrupted and requested to court to write as " YEH KAHANA GALAT HAI KI IS DHANRASHI KO PANE KA UTTRADHIKARI MARE SIWAY ANYA KO HO ". Lawyer of opposite party also agreed on this answer.

But by mistake Court clerk wrote " YEH KAHANA GALAT HAI KI IS DHANRASHI KO PANE KA ADHIKAR MERE SIWAY KISI ANYA KO NA HO "

As a ruitene work & belief I did not try to match the line in carbon copy of the statement and my client signed the statement. After two days I read the carbon copy supplied to me then I knew what blunder I have done.

Sir Now how can I cope with this problem, whether it can be corrected please suggest any solution, provision or case law, otherwise my client has to suffer due to my mistake.