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pratik   05 March 2011 at 16:11

Prospective Overruling.

1) What do u mean by doctrine of prospective overruling ? With the help of a suitable example pls Jurist.

2) I have heard that if any case whether criminal , civil, Tax matters, Divorce, Money case, Writ, SLP & any petition. If there are dismissed by the court than there are not treated as a binding precedent & can't further can't be used as a binding precedent. Or we can say that we can't say that we are fightining the case after referring that particular case laws which are dismissed by any court or tribunal in india.

Eg: Case of A in civil case regarding any matter or fact or substaniall question of law was dismissed by BHC (Bombay High Court). After Few years a advocate referred that case law & on that base he was defending the case which he was having. so the court said that he can't referred that case law or that case law in not binding precedent becasue it was dismissed by the court.

If the Word "Dismissed" arises in the judgement at last than we can't take that case law as a binding precedent.

pls clarify that which case are to be treated as binding precedent & which are not in any case whther tax matters, civil , criminal, SLP, writ petition, divorce, motor vehicle case any .

If possible with the example & case law(S) if any.

pls do help me.

Thanks In Advance.

God Bless U All.

pratik   05 March 2011 at 15:53

Alimony.

Pls Jurist It is a respectfully request to help me out.

1) I Cant remember that as IPC Or Hindu marriage act it has been said that if the women is forcedfully married before the age of 18 years than she can file a case for divorce before she turns 18 years. But if he file a case for divorce than she is not entitled for alimony ? If it is right that pls provided me the case law of apex court if any pls.

2) It has been said that doctrine of restitution is not applicable to minor in india why so ? also what exaclty doctrine of resitution means.

pls solve the abovementioned query jurist.

Thanks In Advance

God Bless U All.

Anonymous   05 March 2011 at 11:49

Cadre Controlling Authority of Practising Advocates

Is there any cadre controlling authority of practising advocates ? Please guide me quoting necessary law including Judgement Law.

Sarika   05 March 2011 at 10:50

public nuisance

Hi, I am a III LLB student and i am preparing for moot court cases. i am facing many problems pls. help me out. The case is as follows: Premier Co. Ltd company put up the air conditioning plant on the terrace of one bulding jsut above SMS provider Co.Ltd office premises. Now SMS provide co. moved to court containing plant is causing nuisance because of vibration and noise emanating from it. The have also contended the vibration had caused cracks in the wall and ceilings of their office. Hence provide me arguments in favour of defendant/respondent and in which court. It is urgent.

sunil singh   05 March 2011 at 10:01

claim case

when driving licence fack insueance company paid compansation

Anonymous   05 March 2011 at 07:40

family law

can a custodian of a proerty can alinate a property by way of will deed

Anonymous   05 March 2011 at 05:59

Partition suit- How to go about?

Dear Experts of the FORUM,

In a partition suit,plaintiff (ie: me) got the Injunction order. Part of the land is sold long back by the plaintiff's father, genuinely (He is no more now, Died); this act is not under the question. But some other land/lay outed property is in the hands of third parties through illegal/fraudulent transactions/or done with the forged signatures of the plaintiff's father. How one has to go about these transactions? Can plaintiff ask the Court to take over these property under their custody by appointing a Commissioner for taking over these property, till the case is disposed off or is there any other alternative you EXPERTS suggests?

This case pertains to the State of Andhra Pradesh.

Thanking you ALL in advance expecting an urgent solution to my problem.

Anonymous   04 March 2011 at 23:58

Demolish ? (a bit urgent)

* Temporary Injunction Order was granted in our favour till the disposal of the case.
* Same defandant opened another case - misleading the Judge and suppressing the facts, got Ex-parte Injunction against us and constructed house. We got it vacated in about 15 days.
* NOW, we filed application to DEMOLISH the illegally constructed house.
Please let me know -
1) Whether the court will order for restoring the possession & demolishing immediately OR is it that we have to wait till the disposal of the main suit?
2) Also please write, some of the civil case examples similar to our case.
Thanks


Anonymous   04 March 2011 at 22:37

rennovation of my personal terrace flat done by society

hello sir,
i am staying in a cooperative society frm last 19yrs our building is facing leakage problem and so our society have decided to rennovate it, i have my ownership terrace flat on 6 th floor(top)where terrace is my personal and my commitee member have ask each member to contribute 25000, per flat for repairs they r breaking entire slab and pillars and make new one also paint and many work like pipe line , wiring work of entire building. since my terrace is personal and i have open terrace flat i am paying one and half month maintanance every month. so they r asking me to pay one and half expenses means 6250 more total 18250 to pay as repair funds. what do i do ? is it legally correct and should i pay more as they r going to repair my personall terrace also,kindly guide me for the same. if not tell me wt do i do? where do i approach for help wt is legall procedure.
waiting for ur reply sir,
thanx

anuja   04 March 2011 at 21:53

Query under Contract Act n specific relief act

hiiiiiiii,

i hv a query..... if a person has promised to pay some amount as voluntary subscription n derafter backz off... will he be liable to pay dat subscription evn thgt its voluntary in nature?????additionally if derz ne case law which supports ur ans can nebdy gv me dat???