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Anonymous   04 May 2011 at 16:52

Will deed under sec-90 presumption

A case filed for partition in 2003 by a lady in district court against her brother, seeking her father and grand mother's property. After completing 3 yrs adjonments, in 2006 the brother of the lady submitted will deed of his father (which he found in a trunk) that was written in the year 1972 and the will was not proved because the witnesses were dead and it is not from the proper custody, no one know the existence of will from 1972 till 2006.In that will deed the property of lady's grand mother was also mentioned. The lower court took presumption under sec-90 IE Act and accepted the will deed. As per SC Judgement the will deed must be proved under sec-63 and 68 when it is suspicious. I have submitted the SC judgements regarding this but the lower court n high court are not relaying on the supreme court judgement. My question is "Why the lower court and high court are not depending on the supreme court judgements and what the lady can do in this regard?"

Anonymous   04 May 2011 at 10:48

consumer case

Dear Experts,

i am from Chennai, could you answer my query,
in the summer vocation power is getting low voltage in my area, so my computer and fridge also get fault reason that low voltage, can i lodge a complaint at consumer forum, if i win the case, kindly give your valuable advice.i am not having own house, staying rental house.

Arup   04 May 2011 at 08:41

How to obtain successor certificate?

how one can get successor certificate? is the system may diffrent from state to state?

Anonymous   03 May 2011 at 23:23

power of attorney

i want to know what is the limitation for suit file on the basis of power of attorney or .if any person have a power of attorney for suit.this attorney is valid for long time or not. how much time is need for file a suit on the basis of this attorney. before the revenue court.exactly i know the limitation act is applicable in power of attorney for suit

mahendra rai jain   03 May 2011 at 20:55

copy of documents

Is it necessary to provide copy of documents to defendent in any civil suit under O 7 R 1 CPC ? if yes than in which provision it is necesary ?

Anonymous   03 May 2011 at 20:28

regarding citations

in a partition suit advocate filed relavent supreme court citations. with that citations case is to be disposed in favor of plaintiff but the high court has not considered the citations and disposed the case against the plaintiff. the defendent case is aginst to the evidence and law. Incase if we go for revision petition does the high court change its decision in favor of plaintiff?

Venky   03 May 2011 at 19:22

Lawyer's high handedness in death claim settlement

Hello Experts,
My father's accidental death case due to negligent driving of a State transport corporation bus has been settled in lok adalat two years back, the case filed 15 yrs back. The judgement was made and case settled last year but the lawyer is still saying he is conducting negotiations with them for a final amount. We are ok to take the agreed amount and also want to settle our lawyer's fees as agreed but the lawyer continues to say that he will let us know when the payment will reach us. He is also not willing to share further details. Under these circumstances, could you please suggest the right legal alternatives to get the amount since my mother badly needs that money for her treatment and it has been dragging along for such a long time. Thanks for your advice!

sumeer kumar sharma   03 May 2011 at 19:12

recovery from a cooperative society

Although the question does not specify the State in which the property is located, one thing is clear that the jurisdiction of a Civil Court is barred provided the buyer of the office is a member of the society. He should go in for Arbitration.

Anonymous   03 May 2011 at 18:12

Whether reinstatement is possible?

Sir,
I have worked in Govt Organisation for last 12 years on adhoc basis and participated in the selection process held in year 2001. The respondent employer has kept my candidature in dark aginst the vacancy and by the way of RTI application in year 2007 I came to know about the status of the result and I made my representation in year 2007 which was rejected in year 2008. I filed the Petition in CAT in year 2009 which in feb 2010 has allowed my Application and given direction to respondent employer to provide me the regular appointment with in 3 months. I was on adhoc tenure which was going to be expired on 30.06.2010 and after the expiration of the tenure, I reminded my employer to implement the CAT order which was not replied. Finally, I filed the contempt petition in sept 2010 which issued directions to appoint me on regular basis within 10 days. The respondent move to high court where the same has been remanded back for deciding the plea of Limitation. Thereafter, I applied for adhoc extension beyond 30.06.2010 which was rejected in Nov 2010 and I was asked to leave.I filed the another petition for quashing the order and reinstatement

Sir,
The following issues may be laid down
1 Whether I can be reinstated as I have worked for 12 years in office without artifical breaks

2 The respondent employer has contended that I have not applied for adhoc extension within time so they have denied it. Kindly inform when the order itself was in force whether I can go against the CAT order seeking for adhoc extension?

3 The respondent employer has further contended that what I can achieve directly could not be permitted to achieve indirectly. But my version is that selction and adhoc extension are pertaining to differenet issues. The employer has not been justified in taking or dicontinuation my services after 10 years of selection process and I have been victimised for exercising the rights against the respondent employer

Sir,
Looking upon the above facts, Kindly give your valuable opinion whether reinstatement is possible in such cases?

anu   03 May 2011 at 17:22

SLP dismissed by SC upholding the HC's order

Our MD's writ petition was dismissed by Karnataka High Court. So he filed SLP in the SC. But now the SC has dismissed the SLP in the first day of hearing (2nd May 2011) upholding the HC's order. What is the next solution? Anybody please suggest.