Civil Law queries [Resolved] [2323]

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SAM 01 August 2010 at 20:26

TWO contradictory Legal Notice

Sir,
SUB:Two different stand taken by two
different Lawyers
I would like to request your clear advice.
One male persion unduly influenced my mother to sign a sale deed to sell my mothers house.(By promising her to stay for her life time.This is not part od the terms of the deed)Eventhough she is not interested to sell.Then he evicted her.The first lawyer gave Notice that he executed sale deed instead of mortgage deed.He without replying to the Notice,apprached her lawyer abd by influence got an agreement(plain paper not registered) signed by both that The deed is infact sale deed and that out of a dispute subsequent to sale She issued a notice and that she withdrew the notice and for another 15 days she could stay in the house and that she should not go to court.( In the agreement it has been written in the shedule of property para as " Ownership Right-my mothers name and House no of the disputed house and address")
After that my mother sent another notice by another advote that you contravened that oral unwriten condition of sale deed of staying in the house for her life time and so the deed is not valid.
The trial court held that the plaintiff has accepted that the deed is sale deed.So with malign intention she filed the suit.And Dismised.
So i request sir what to do to overcome this position.Even if we apply pardanasin lady prtection,ratification in the agreement is there.Please advice sirs
---Sam

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Anonymous 01 August 2010 at 17:56

lien

I want to if there can be lien on a credit card can the banker block the sb account

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pratik 01 August 2010 at 16:36

decision of a single.

When there is a decision of a single bench or division bench of High Court in writ petition then appeal that lie against the decision it is called Letters Patent Appeal. For admission of the L.P.A. the matter is kept before the higher division bench of High Court. But as of today the issue of maintainability of L.P.A. is pending before the Hon'ble Bombay High Court Mumbai.

Query : So as per the abovementioed defination what do u mean by Single Bench or Division Bench & in general sense also if the decree or judgment is passed by the Single Bench or Division Bench or 5 Bench Judges Or 7 Bench Judges than which one is more effect in any court all over the india. also when Division Bench or 5 Bench Judges Or 7 Bench Judges are required to hear the case & give the decision. pls example me with the help of a example.
& A brief note of letter patent appeal everything in detail sir pls if possible with the help of a example(S).

Thanks In Advance.

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pratik 01 August 2010 at 16:23

letter patent appeal.

1) What is the limitation for filing the letter patent appeal? if not filed with in the prescribed period then what is the solution? Also can u tell me exactly what do u mean by letter patent appeal & who can file the appeal. IN short a brief inforamtion if possible with the case laws what do u mean by letter patent appeal. Does it override any law , section , or case laws of apex court. where to file a letter patent appeal.

(IN SHORT BRIEFLY EVERYTHING OF letter patent appeal)

Thanks In Adavnce.

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raghavendra 01 August 2010 at 13:24

arbitration and counciliation

an it possible to file case in civil court before refering the case to athe arbitration and counciation board , when there is agreement in deed about refer case to the arbitration and counciation

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pratik 01 August 2010 at 12:14

Appeal.

I have heard that there is difference between decree & judgment because while reading act or rule we come across the wrods decree or judgment so when the word OR arises there is a confusion that whether the both the term is different & if they are different then in what sense can any body example me.

ALSO

which decree are appealable and time limits pls

which judgment is appealable and time limit pls

Format of decree & judgment given bythe court & not the blank one so i can come to known the difference between them very clearly.

Thnaks In Advance.

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pratik 01 August 2010 at 12:09

administrative authority.

1)Difference between authority, administrative authority, & adjucatory authority (With the meaning & examples)because while reading the law books these name come many a times so i dont known actually the difference betwee them & the powers they have.

2)I have heard that decree means the cost of the case & the party who has to pay the other party if the court has order any compensation & nothing else is there under the decree. but the judgement is other page which is called the judgement. So pls any body can send me 2 or 3 copy of the decree i PDF format so i can come to known the actually difference between the judgment & decree. Becasue i have heard that decree gives the INFO of only cost relative & the judgement copy gives the only judgment text & nothing else.

Thanks In adavnce.

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pratik 01 August 2010 at 12:02

Prevention Of Money Laundering Act.

Prevention Of Money Laundering Act

1)I have heard that if the person is under the finanical business of money lending or if he is not under the buiness of money laundering & if he gives any finanical help to any one & after some period when the party who has taken the finanical help gives the cheque of returing the loan amount & if the particular cheque bouns than as per section 138 of the NI act, 1881 the person who has given the laon to the person cannot file a case against the cheque bouncing against him. pls tell whether i am wright or wrong & i have also heard that the case laws is also there for the above mentioned query so pls forwardit to me if possible .

2) Can any body tell me the Doctrine of past consideration & past perforamnce if possible with the help of a example. It will be useful for me in my law exams pls .

Thanks In Advance.

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Apoorv Shrivastava 01 August 2010 at 11:23

difference between tort and crime

Dear sir,
please explain me the difference between tort and crime with some illustrations and important cases.

Thanks,
Anisha Nema

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Rajan Jha 01 August 2010 at 10:42

Judgment regarding right of associate members successors.

My mother owns a flat in Mumbai. Hers is the 1st name in share certificate. Agreement with builder was singly in her name. However, in the share certificate she got my fathers name in 2nd place. My father was Chairman of that society.
Recently father died while mother is alive and healthy. She wants to sell the property. Now my sister is claiming share of property stating that as associate member's daughter she has succession right and the property cannot be sold till her share is decided and given.

According to the expert Adv S.Subramanian the legal position is that mother is sole owner of the property. the name of father in the share certificate cannot clothe him with any right over the property therefore sister's claim is not legal.

Sirs, I will be grateful if you can please quote a High Court judgment supporting that name in share certificate cannot clothe associate member with ownership right over the property. Thanks.

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