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Sheetal   27 September 2010 at 22:40

Gurdianship

I Am maternal uncle contending case for gurdianship of two orphan children (my 11 yrs old niece and 7 yrs nephew)agianst paternal grandma of both childern who never taken care of the childern when they wee hospitilised for long period after accident .In which their both mom and dad means my Sister and brother in law died.initially i was applicant in 2008 and filed Misc.C.A.under Gurdian and wards act under section 7,8,10 in district court and won the case against them. They Appealed in High court in mar 2009 matter finaly remitted back to district court to proceed freshlly in may 2010 (As they ptovided false evidence).now Matter is in District court and in final stage of Arguments and the result is likelly and correctly will be going with me.(As there is no document,evidence and proof with them as she had done nothing for childern).So now to just for Harrasement Opposite party i.e. Paternal grndma file one more Civil M.C.A.Agianst me for gurdianship of childern under gurdian and ward act usuing section 25 in same court.hence In Short case is initially i was applicant she was opposite now In recent MCA she was applicant and i am opposite.So how on same Matter two cases can be filed between two same parties it is not correct as per expert under CPC 10(Stay of suit)Still same judge registered second MCA and issued noticewhile first MCA in force.Anything can happen in indian district court so what should i do now to intimate related judge means particular district court and stay the recent incorrect registerd MCA. please give opinion is my view correct and what next i should do?

Anonymous   27 September 2010 at 21:40

marriage Dispute

Husband filed Divorce petition.Wife not accepted the copy.She filed RCR and maintenance. Wife was tortured a lot by her in laws so only she came out from matrimonial home and now under the shelter of her father.She is not earning. whether she can file under DV Act? Is she needs to accept the copy of divorce petition? She is willing to live with her husband and so not willing to move criminal case against them.

TR Madhavan   27 September 2010 at 21:14

Another Question on 'EVIDENCE'

Sir, said that, Depends on what U intend to prove.This, at most, can be secondary evidence.It will only go to show that is what is presently recorded in the records. That may not be taken as conclusive proof depending on what your opponent is driving at.

The opponent has filed a Appeal stating that, we not first line purchasers. For which he has not placed any evidence. As on the date of filing the dispute as well as today several flat owners are vendee and the opponent is the vendor. We are not in position to collect certified copies from all the flat owners (about 96). So can this downloaded (ex. today's date)ones be placed as evidence to prove the opponent party is misleading the court.

TR Madhavan   27 September 2010 at 19:25

Evidence

Sir, Can the sale deed documents or encumbrance of the property details of flat owners of a block downloaded from the official website of department of registration and stamps be submitted as evidence before any court? Will it be accepted by the courts?

Anonymous   27 September 2010 at 17:59

sec 76 indian evidence act

dear sir,

is a certified copy under sec 76 of the indian evidence act as evidence in lieu of original document in a court of law/

do enlighten sir

vinay kala

sep 27,10

Anonymous   27 September 2010 at 15:38

Stay Order and Injunction

Que.1.I want to understand from Experts the difference between Stay Order and Injunction and under which sections of CPC these petitions can be filed for and to Vacate?

Anonymous   27 September 2010 at 12:16

Garauntor wants loan contract to be void

Garauntor was working subordinate to the debtor in his office.

Does the contract stands void(for garauntor) as the Garauntor was under the influenece of debtor to stand as garauntor to his loan?

Or are other reasons for which contract cannnot stand void?

Very Very Thanks to the persons who have earlier replied to my query "Civil suit against Garauntor".

Anonymous   27 September 2010 at 10:56

Re : PWDV Act in Civil Suit

Dear Sirs,

"A" a daughter-in-law- has filed a civil Suit against her mother-in-law "B" for Permant and Mandatory Injuction for restraining "B" from disposing off and disposseing her from the suit property. The court granted stay. Written Statement has been filed by 'B' along with an application to vacate the the stay that is the interim order.
After that the 'B" filed a case U/S Sec. 12 of PWDV Act. on false affidavit.

Now the palintiff wishes to file Replication of the W.S. The question is :

1. Is necessary for 'A' to file replication for both the W.S. and Rely to application U/0 39 Rule 1 &2 or only the Replication for W.S. would do.

2. Can the plintiff seek relief u/s 26 of the PWDV Act-2005 for relief U/S 18,19,20,21 & 22 in this suit.

3. should the Replication be filed with Affidavit again, and is Afficavit for relief U/S 26(1) required.

Anonymous   27 September 2010 at 07:56

advocate misconduct

I was advocate for the accused. court called a court witness. the witness come to me and asked me about the summon received from the court. I asked her to approach the court on the day fixed for evidence. prosecution lawyer crossed her and asked him whether she approach me.. he admitted and also specifically said that I did not advise him or tutored him anything...........One of my associates lawyer wrote her presence(hajira) ....he admitted that in her evidence while crossed by the prosecution............. whether that would be a misconduct by oart of me ?

kirtirani sole   26 September 2010 at 21:59

C.P.C. sec.60

Dear sir/Madam
Pls provide me recent case laws regarding attchment on provident fund in execution of decree. [u/s 60 (k)]


Regards....