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amit   16 February 2011 at 21:21

Suit against minor under law of torts

A a minor age 12 year was standing outside his house. B a minor age 15 year was playing on the road. B rashly and negligently throw a dart like objects which hits A on his left eye as a result of which cornia of left eye of minor A got repture and there is permanent loss of vision of left eye of minor A. Now :-

1. Can minor A (through next friend) sue minor B for his rash and negligent act?
2. Whether suite under law of torts is tenable against negligent act of minor B?
3. Whether minor B is liable for damages or his guardian is liable for damages?

prasad   16 February 2011 at 19:40

partition suit priliminary issue

plaintiff had filed original suit in 1999 .My father (Def no 1) died 29.01.2003 .our advocate had intimated on very next date. In May 2005 court had passed order suit abated against defendants no 1 decedents as no Lr brought on record though sufficient time is granted. In suit 30 defendants also .We Lrs of Def no 1 in possession 60 % of suit property .Plaintiff tactically withdrawn original suit in dec 2005 subject to filing fresh suit saying as another few defendants also died so its easy to file fresh suit rather than continue original. In 2006 filed fresh suit on same cause of action.

Court has allowed to argu on our preliminary issue apllication.we put two issues .next date after 15 days.

1) Suit is not maintainable as Or.22 r. 9 on ground suit is abated against (we are LRs of defended no. 1.
a) I have to ask 1) what kind of defense plaintiff can take.

2) Pecuniary Jurisdiction is 1 Lakhs to JMFC
Most of suit property is agriculture land. Plaintiff have said only 17 guntha is Non Agri we are bringing on record 40 Gunthas are N.A.though he suits value doesn't go so far 2 lakes .plaintiff will pay differential amount & may continue suit.

Out of suit properties some already sold before filed of suit those are also made parties. Purchaser developed the properties
B) I have to ask --Can we seek the cost of construction is also subject to suit valuation.
constrution made by purchaser is more than 60 lakhas.

Anonymous   16 February 2011 at 19:16

lal dora

dear sir i want to know the right of farmer in lal dora and extended lal dora land and different ,or any law relating building construction in these land.

G. ARAVINTHAN   16 February 2011 at 18:53

Demarcation

Is demarcation a civil right?

Anonymous   16 February 2011 at 18:35

False submissions for misleading the Hon'ble Court

What punishment court can award to the guilty who is guilty in:-
a. deliberatelyfiling false documents and submissions before the Court in affidavit under oath.
b. deliberately a third party files affidavits pretending as original Defendant
with malafide intentions to mislead the Hcourt.
c. The above acts are taken as perjury or contempt?
d. If bar counsel can also punish the defendants advocates who witnessed the same?

Anonymous   16 February 2011 at 17:59

demarcation of the survey in a combined layout

when a layout out is prepared by clubbing all the survey numbers i.e Sy No;a Sy.No;b sy.No:c & Sy.No;d into common layout and plots were sold to different persons way back a decade now can these common layout which then approved by the competent authority can go for demarcation. I have heard that there cannot be a demarcation for the coomon layout when the owners of the above survey Numers after agreeing to merge and form a asingle layout. my question is when a common lyout is created for the abcd survey numbers and plots were sold now can there be a boundary dispute

Sunlawseeker   16 February 2011 at 16:35

Legal Representative Petition - LR Petition

Dear Advocates !

Kindly help me by providing a format of LR certificate of LEGAL REPRESENTATIVE of a Petitioner in M.C.O.P matter to get award amount.

Thanking You
Regards

V.Sundaresan

Rima   16 February 2011 at 15:27

Settlement Credit Card

I am having a credit card (SBI) due. The card limit was 11000 issued sometime in the year 2002. I used full limit and was making monthly payments. But suddenly due to some problem, I defaulted in the middle of 2003 and stopped paying. Circumstances in my life forced me to be a defaulter.
However now again I am earning money regularly. So I want to repay the loan. But 11000/-(eleven thousand) due within this 8 year became 1,36,000/-(One lac thirty six thousand) according to them. They are not ready to disclose rate of interest or any explanation.
I know the debt is time barred but still I want to repay as I had taken and used the money.
Several time during the last few months I talked with the customer care execs of SBI Cards for settlement but they are not agreeing to take less than 45,000/- (charging 50% interest)
This amount I again can not pay.
If they would have agreed to take nominal legitimate interest plus the principal I could have repaid this time.

Do I have any option?
Can I refer the matter to Lok Adalat?
If I do so, whether such referral will re-open the limitation period and in such case whether I will become liable to the whole debt as per their claim?
Can any body help me by providing information and advice?

Thanks in advance..

Sapan S. Parikh   16 February 2011 at 14:20

Notary Amendments Rules, 2009

My Father is an Advocate. He has submitted an application for the appointment of notary to Ministry of Law and justice, Delhi in the end of 2007. Thereafter, there was no news. But a week ago, Received a letter from Legal department,you have to submit fresh application for Notary as per notaries amendment rules, 2009. Kind tell me what are particular amendments. I read it has to be sent through District Judge.Tell me the procedure. Thanks.

Sapan S.Parikh
cell 9726271313

rita   16 February 2011 at 11:15

Restraining order

Can a mother ask for a restraining order against her son.The son is harrassing my parents for quite a long time.HE has even done physical injury to my mother once, tried to attempt again,continuosly filing false court case which has no legal standing.How can we stop him from filing the case which doesnt make any sense even?What is the easiest way to obtain a restraining order