pratik
22 August 2010 at 18:44
1) Can a appeal can be filed when a cavet emptor is filed ? WHich section says ?
2) When this question was put, the court officials said "yes, an appeal can be accepted and given a number, but you will be informed only when it comes before the bench.". What do u mean by when it comes before the bench.also the word bench means ?
3)Appeal can be accepted and admitted when caveat is already there. Only relief cannot be granted to the appealent without hearing the caveator.Which section says that the relief can't be granted ?
4) Also i have heard the letter patent appeal is now override by the CPC which sections say that it has been overrided & now letter patent appeal is not applicable all over the india ?
Thanks In Adavnce.
Anonymous
22 August 2010 at 18:14
Dear experts of the Forum,
Is probating of Will, 1)is mandatery in the state of Andhra Pradesh? 2)If yes what is proceadure to be adopted? 3)And What will be the Fees? 4) what will be the time taken for compleat process? In the instant case the property had come to this family "Y", from "X" family, will this "X" family has any right to challenge the WILL writen by "Y" family head ( Who received the property from "X" family,since dead wrote a WILL; which is UN-REGISTERD)
With regards And Thnking you ALL in advance, expecting urgent reply!
pratik
22 August 2010 at 13:49
Normally few affidavits specify by government agencies to be sworn before a Magistrate only not before a Notary Public. This is not connected with any case pending before the courts. Purely outsiders are the deponents. Can the Magistrate refuse signing such affidavits. Under which authority the Magisrate acts or refuses. What is the remedy available for a deponent if he lost a chance by not submitting an affidavit. in time due to the act of Magistrate Is it purely a service rendered by a Magistrate?
Query : Pls tell me the list of the affidavit that have to be sworn by the Magistrate only not before a Notary Public. Also i have heard that Sometimes it is specifically mentioned that affidavits are to be sworn before executive magistrate and sometimes it simly states as magistrates. It means executive magistrate and not judicial magistrate. So what is the difference between the executive magistrate and judicial magistrate. In deatil with the section pls LD members help me out.
Also any case laws.
Thanks In advance.
pratik
22 August 2010 at 13:39
1) Can a appeal can be filed when a cavet emptor is filed ? WHich section says ?
2) When this question was put, the court officials said "yes, an appeal can be accepted and given a number, but you will be informed only when it comes before the bench.". What do u mean by when it comes before the bench.also the word bench means ?
3)Appeal can be accepted and admitted when caveat is already there. Only relief cannot be granted to the appealent without hearing the caveator.Which section says that the relief can't be granted ?
4) Also i have heard the letter patent appeal is now override by the CPC which sections say that it has been overrided & now letter patent appeal is not applicable all over the india ?
Thanks In Adavnce.
pratik
22 August 2010 at 13:05
Also i would like to invite the LD members to share their views with me if possible with the section & case laws.
Position in regard to different Benches of the same High Court - The position in regard to the different Benches of the same High Court is as follows :
1. A Single Judge or a Division Bench order of a High Court is binding on the single Judge of the same High Court.
2. It is obligatory on the part of a Division Bench to follow the decision of another Division Bench of equal strength or a Full Bench of the same High Court.
3. Judicial propriety requires a Single Judge to follow and apply earlier Division Bench judgment of the same Court which is very much binding on him sitting as a Single Judge of the same High Court.
4. Where a Single Judge does not subscribe to the views expressed in a Single Judge’s order or Division Bench’s order of the same High Court, he should place the papers before the Chief Justice to enable him to constitute a larger Bench to examine the question.
5. Similarly where a Division Bench differs from another Division Bench of the same High Court, it should refer the case to a larger Bench.
Query : WHat do u mean by Judicial propriety ? Which section or act or case laws says the above mention . If Possible with the help of a example.
Thanks In Advance.
sundar
22 August 2010 at 10:27
sir/mam,
my father purchased a house of his own earnings in 1985. he made a registered will on 6.7.2006, favouring me(his 3rd son) alone,neglecting his only daughtr and other two sons considering my spendings over the family. he died in 2009. Now, my brother and sister are thretining me for claims over this property. Is it possible?
sundar
Sudhin2218
22 August 2010 at 08:54
Hi Everyone,
My grandmother did the GPA in favor of my mother in the year 1994,Now we produced that GPA to one of our CIVIL COURT CASE in karnataka, Court is asking us to pay the stamp duty for the GPA, since this GPA transaction happened between my grandmother and mother, will it be any concession on stamp duty?
Anonymous
22 August 2010 at 06:53
I filed a case under 138 NI Act, which was declined and the accused was given benefit of doubt in 2005.
The opponent filed a suit against me for Damages of RS.300000/-due to Malicious Prosecution.
In Cross,the opponent admitted that he has no documentary evidence to prove that he lost a business of Rs.300000/- and that too because of case filed by me.
What is the probable decision of this case as per your opinion ??
Can the opponent a separate criminal case against me at this point of time ?
Please advise,tons of thanks in advance.
Anonymous
22 August 2010 at 01:15
Respected experts,
I had sold a land in 2002 in 4.5lakhs. After 8yrs the buyer wish to return that land back to me, since he was told by someone that land does not have clear title. As per me the title is not defective. The land was purchased by my grandfather in 1945, in which seller has a decree of HC in 1923. But the buyer from me is not happy. To save my reputation I have offered him 9lakhs to get that land back. But he is not ready and asking 18 lakh instead. So, in this situation plz. Suggest me
Is my offer is genuine or should I offer him more? Since, it is he who is willing to give the land back to me.
If I get that land back, do I have to go for sale deed registration in my name, or canceling the last transaction deed/instrument ( in which I had executed the sale deed in his favor)will do?
Thanks and regards.
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