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vijaykumar   24 February 2011 at 01:54

contributry negligency effect on claim

Petitioner has trailed or dragged his motor bike due to fuel empty (injured)was crossing road by zebra crossing someone driving wagon-R in rash & negligently manner from bus lane of BRT corridor hit him resultant (biker) got sustained injuries (left leg tibia fibula)
driver/owner R-1,2 is already X party and insurance co.-R3 taken defense of cause contributory negligently

what will be effect on his claim

R-1,2 have valid license

Anonymous   23 February 2011 at 22:51

RESTORATION OF PLAINT

Dear Experts,

In a motor vehicle claim case. the case was dismissed on default of claimant side i.e. claimant advocate didn't turn up on the fixed date of hearing for three time and also he did not deposit the adjournment cost imposed by the tribunal.

is this case can be restored by claimant again.??? please explain with relevant provision of law.

Anonymous   23 February 2011 at 22:42

MOTOR VEHICLE ACCIDENT CLAIM

RESPECTED EXPERTS,
Person died in motor accident on 2002.Now one person file claim (2010)on behalf of deceased person minor child as a legal guardian not as a Next Friend.
is this case maintainable in tribunal or not???
Pliz explained with relevant provision of law.

Anonymous   23 February 2011 at 22:27

Cancellation of Adoption Deed

A widow adopted a son of her sister vide registered Adoption Deed. After adopting now the natural mother & father pressurizing her to transfer her all property in the name of their son and threatening her.Now that widow wants to cancel the adoption deed. Can she go for cancellation if yes on which grounds?

Anonymous   23 February 2011 at 22:13

Model format of Review Petition

Kindly provide me the model format of Review petition for my client

Swami Sadashiva Brahmendra Sar   23 February 2011 at 19:07

Appeal by L.R. of missing defendant

Suit for cancellation of sale deed was decreed ex party as defendant did not appear. Defendant’s brother filed appeal stating that defendant is missing. Appeal was dismissed on the ground that appellant had no locus standi to file appeal. Dismissing the second appeal, the High Court has held that Cultivatory rights is exercised by appellant only through his brother. Rights of missing brother can not be said to have been devolved on appellant until presumption of death after 7 years and no substantial question of law arises.

Is decision of high Court correct? Has the brother of defendant to wait for 7 years to file appeal and then shall period of 7 years be excluded from the period of limitation?

Anonymous   23 February 2011 at 18:43

Application u/s 151,152,153 of CPC

Dear experts please answer my query,

Trial court dismissed the plaintiff case.

Appeal made and High court reversed the decree and granted all claims of plaintiff.

Appeal made by defendant to Supreme court. Leave granted, but appeal dismissed conforming the decree of high court.

1.Now can the plaintiff(respondent in supreme court) apply u/s 151,152,153 of CPC for amend the decree in supreme court?

2. If so where it will be heard, in bench or chamber?

Thanks in advance.

c.a.ashok kumar   23 February 2011 at 16:33

GPA cacellation and validity of sale

A gives GPA to B. After 6 months B enter sale agreement with c for 20,00,000/- and time limit to pay whole amt with in 1 month.after 15 days c' refuse to purchase the property due to shortage of funds.on Jan2011 b cancel the sale agreement and enter a sale deed to D. The registration value as per GV is RS.12,00,000/-.the same day of sale A cacel the GPA with out the knowledge of B and gives false compliant against A as land grabing.In between A has filed caveat against B andC. All the documents are registered on same day.
docment no1- sale agreement cancellation
document s.no 2 - sale registration
document s.no 3 - GPA cancellation.How to reply the criminal complient lodged against b and c

Avinash   23 February 2011 at 13:32

Appeals under Civil Procidure Code.

SUIT FOR DECLARATION, PERMANENT AND MANDATORY INJUNCTION was given in the court of JSCC/ASCJ/G. Judge.

Copy of judgement was given to 7/2/2011 against me & in favour of defendant party.

Now what is the duration, I may file a appeal to A.D.J. in district Court.


Regards,

Ramesh Verma

Anonymous   23 February 2011 at 12:03

Religious trust

A temple is being run by a hereditary religious trust for long.Someone wants to do fishing in the temple's tank.How can he be stopped from doing this.Plz refer the case law.