Anonymous
22 November 2010 at 22:35
Sir,
Please inform whether the civil courts/tribunals are bound to take applications under section 340 of the crpc which operates under differnt statutes such as CPA/CAT/IT etc???
Anonymous
22 November 2010 at 21:10
Sir,
Kindly inform if the petitioner/respondent has filed the submission before any civil court in its reply affidavit/rejoinder affidavit and which later was found to be false.Whether the court can take any action upon the Application of any party?
If yes, under which provisions ?
Anonymous
22 November 2010 at 19:45
hello all
can father or next friend of a major unsound person be appointed as guardian and can seek permission to sell the property of said unsound person under Guardian and Wards Act. If No, under which Act he can seek such permission.
Anonymous
22 November 2010 at 18:30
Dear Experts,
I am a witness in a Civil Suit filed by my wife ( plaintiff)against my mother.
Can I plead in this suit on behalf of the plaintiff . Is it going to affect the case.If yes, then Ok.
I no,then do I need Power of Attorney from her.
Kindly advise.
Member (Account Deleted)
22 November 2010 at 01:17
Dear Learned Friends,
Subject to your time, convenience and availability, please advise me on the following :
Facts :
A friend of mine was using SBI Credit Card and due to deficiency of service by the bank, settled the card account by reaching one time settlement of Rs.41258/- as advised by the bank official. As advised by the bank official, amount was paid in two installments and thus, the account was settled on 26.03.2004 (i.e. 2nd installment cheque date).
As my friend was not aware of the bank’s settlement procedures, neither he did collect any specific letter for the one time settlement nor did the banker provide the letter. Thereafter, my friend did not receive phone call from the bank and nobody visited his residence / office.
After 18 months, the bank’s advocate sent a letter under instructions from his client to make a sum of Rs.15,661.83 as on 22.09.05.
Immediately a suitable reply was sent to the Advocate explaining the facts. Thereafter, there was no reply from the bank’s Advocate.
My friend concluded that the matter has been treated as CLOSED by the bank, as there was no call from the bank.
Now, the bank is insisting to make payment (which is not informed), otherwise, the action shall be taken against my friend.
Query
Based on the above facts, what merit available to my friend and how can he establish that he has reached one time settlement (and already made the payment) in the absence of letter.
Ans : ........................
What action can the bank initiate against my friend for claiming INAPPLICABLE AMOUNT for the already settled card account ?
Ans : ..........................
I shall wait for your guidance on the matter.
Thanks.
D.KARTHIKEYAN.
Member (Account Deleted)
22 November 2010 at 01:15
Dear Learned Friends,
Subject to your time, convenience and availability, please advise me on the following :
Facts :
A friend of mine was using SBI Credit Card and due to deficiency of service by the bank, settled the card account by reaching one time settlement of Rs.41258/- as advised by the bank official. As advised by the bank official, amount was paid in two installments and thus, the account was settled on 26.03.2004 (i.e. 2nd installment cheque date).
As my friend was not aware of the bank’s settlement procedures, neither he did collect any specific letter for the one time settlement nor did the banker provide the letter. Thereafter, my friend did not receive phone call from the bank and nobody visited his residence / office.
After 18 months, the bank’s advocate sent a letter under instructions from his client to make a sum of Rs.15,661.83 as on 22.09.05.
Immediately a suitable reply was sent to the Advocate explaining the facts. Thereafter, there was no reply from the bank’s Advocate.
My friend concluded that the matter has been treated as CLOSED by the bank, as there was no call from the bank.
Now, the bank is insisting to make payment (which is not informed), otherwise, the action shall be taken against my friend.
Query
Based on the above facts, what merit available to my friend and how can he establish that he has reached one time settlement (and already made the payment) in the absence of letter.
Ans : ........................
What action can the bank initiate against my friend for claiming INAPPLICABLE AMOUNT for the already settled card account ?
Ans : ..........................
I shall wait for your guidance on the matter.
Thanks.
D.KARTHIKEYAN.
Silabhadra Sastry Advocate
21 November 2010 at 21:36
Dear friends, I am Silabhadra Sastry, Advocate, Bhubaneswar,
I need some citations (if recent case laws are given I will be highly obliged)
On following subjects, pl help me if you can, I need it by tomorrow morning.
1. Once land acquired by Govt. under land acquisition, compensation paid to that effect, the same land can not be taken by the land owner.
2. Compensation amount in a land acquisition case is to be deposited in court as per section 31(2) L.A Act in case of disputed title of the land of land owner.
3. Onus lies on the plaintiff to prove his case to ascertain the possession and area map by help of Survey knowing commissioner or other expert like pleader commissioner etc..
4. Note of possession in name of a person in the final settlement Record Of Right never creates any title
Silabhadra Sastry Advocate
21 November 2010 at 21:20
Dear friends, I am Silabhadra Sastry, Advocate, Bhubaneswar,
I need some citations (if recent case laws are given I will be highly obliged)
On following subjects, pl help me if you can, I need it by tomorrow morning.
1. Once land acquired by Govt. under land acquisition, compensation paid to that effect, the same land can not be taken by the land owner.
2. Compensation amount in a land acquisition case is to be deposited in court as per section 31(2) L.A Act in case of disputed title of the land of land owner.
3. Onus lies on the plaintiff to prove his case to ascertain the possession and area map by help of Survey knowing commissioner or other expert like pleader commissioner etc..
4. Note of possession in name of a person in the final settlement Record Of Right never creates any Right,Title
and interest.
Silabhadra Sastry Advocate
21 November 2010 at 21:19
Dear friends, I am Silabhadra Sastry, Advocate, Bhubaneswar,
I need some citations (if recent case laws are given I will be highly obliged)
On following subjects, pl help me if you can, I need it by tomorrow morning.
1. Once land acquired by Govt. under land acquisition, compensation paid to that effect, the same land can not be taken by the land owner.
2. Compensation amount in a land acquisition case is to be deposited in court as per section 31(2) L.A Act in case of disputed title of the land of land owner.
3. Onus lies on the plaintiff to prove his case to ascertain the possession and area map by help of Survey knowing commissioner or other expert like pleader commissioner etc..
4. Note of possession in name of a person in the final settlement Record Of Right never creates any title
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case law
A Title suit filed by the plaintiff against the defendants . IN this suit court of Munsif post the suit on Judgement after the next day of long vaccation of DASHARA , in the mean time plaintiff heared a rumor that the MUNSIF came in collusion with defendants then the plaintiff on the same day which fixed by the court for Judgement quickly filed a transfer petition before the court of District Judge. After filing of transfer case plaintiff came in the court of munsif and produce the certificate of an Advocate and a receiving of the filed transfer petition before the court but the court pronounce judgement at that very time which is 11 a.m. and in the field of the court campus defendants sought that we give bribe and then the judgement came in favour of the defendants. now plaintiff quickly go to the court of District judge and tell about such incident to the court and then District judge passed order to call for the lower court order imedeatly.
So plaintiff wants to file a writ against the Munsif, what it is possible or not ? If possible plz. then let me know about any case law which was objerbed by any high court and the supreme court.