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Anonymous   26 July 2010 at 14:51

Help me plz. on Malicious prosecution issue

I have heard that THE ACCUSED /PLAINTIFF WHO HAS BEEN GIVEN BENEFIT OF DOUBT ALSO CAN NOT ASK FOR DAMAGES.

Is it right ??

Better if you guide with some CITATIONS TO THIS POINT.

Anonymous   26 July 2010 at 08:53

will deed

can a will deed be written on white papaer and registered can a person who has lost a case can write a will of the property which the person admitted in a court case that the property does not belong to him/her

Anonymous   26 July 2010 at 07:44

execution of eviction decree

Suit plot 1/460 measuring 70 decs was recorded 35 decs each in the name of two brother A & B in R.S.R.O.R.{ year 1962}.A filed a suit on the year of 1997 for eviction against C claiming exclusive right title over eastern 35 decs of said plot and prayed eviction decree against C over 07 decs of land as he has revoked his licency.and he got decree.B was pro def in the suit who did not contested the suit but the suit was dismissed against him. In the first appeal the decree was confirmed.
But before starting of suit ,the suit plot was devided and two plots were allotted to A & B.in L.R.R.O.R.{1982}by land dept of West Bengal.A got plot no 178 and B got plot no 179. Knowing this facts but supressing the same A filed the suit without mentionting L.R.R.O.R. A filed execution suit . In the meantime, L.R. map was published and according to L.R. map A 's L.R. plot is in western side of B's L.R. plot. Therefore A has no right title and interest over eastern 35 decs of suit plot no 1/460 . Is this question exercuting court can determine?

Anonymous   26 July 2010 at 02:16

Cyber Law

Under Information Technology Act a person can file Suit under Section 58. Does that mean a suit for privacy violation under 72 of IT act can be civil? Section 72 provides imprisonment but Under IT act most offences are of criminal nature but tribunal have jurisdiction for civil suits for which all all other civil courts do not have jurisdiction.

Please clarify me that if there is a privacy violation suit which is a Cyber Tort does that mean Section 72 will not apply as it is criminal in nature.

Anonymous   26 July 2010 at 01:22

Malicious prosecution Query

THE ACCUSED /PLAINTIFF WHO HAS BEEN GIVEN BENEFIT OF DOUBT ALSO CAN NOT ASK FOR DAMGES. ICOULD NOT FOUND THE CITATIONS TO THIS EFFECT. ANY BODY WHO HAS THE CITATIONS TO THIS POINT , PLZ PROVIDE ME.

SENTHILKUMAR.S   26 July 2010 at 01:16

filing of suit against dead person

dear advocates,
3 persons who are the legal heirs (proposed defendants)of one Mr.X. are sought to be impleaded in a suit. Said Mr X died prior to two years to the institution of the suit. I am entrusted with the vakalath of the said legal heirs. There is evidence to the effect that the plaintiff instituted the suit knowing that Mr X was dead.Is there any legal bar to proceed with a suit which was filed against a dead person? is there any legal bar to implead the L.Rs at this stage? Some rulings say they can be impleaded. Any contra rulings by H.C or S.C? please inform.

Anonymous   25 July 2010 at 23:01

Will ?

A will executed by a bachelor be revoked automatically if he get marriage?

G. ARAVINTHAN   25 July 2010 at 23:00

will - unborn persons

Can a will be bequeathed in favour of unborn persons?

Rajeev kulshreshtha   25 July 2010 at 19:40

release deed

there can be release of own share in blood relationship. my query is that if it can be oral or a written is necessary ? IF the release is in form of affidavit attested by Notary Public is a valid release of his share. Please guide with judgement . It is most urgent for me.

pratik   25 July 2010 at 14:34

Judicial separation.

10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party-

(a) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(b) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or

(c) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or

(d) has, immediately before the presentation of the petition, been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or

(e) has been continuously of unsound mind for a period of not less than two years immediately preceding the presentation of the petition; or

(f) has, after the solemnization of the marriage, had sexual intercourse with any person other than his or her spouse.

Explanation.-In this section, the expression "desertion", with its grammatical variations and cognate expressions, means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage.

Query : 1)A per section 10 of the hindu marriage act which abovementioned i have heard that if there is a Judicial separation between the husband & wife than they can't marry in their life time but refering the above section there is no clause which says that if the Judicial separation judgement is passed by the competent court than the opposite party can't marry . Also as per section 15 of the above said act not time limit is perferd to appeal to the appellate court so we have to refer to the limitation act or not.

2)Meaning of with its grammatical variations and cognate expressions.

3)Can any body explain me the clause a to d of section 10 pls because i am confused. meaning of deserted as per the clause a of the section 10.

Pls answer the query experts. pls

Thanks In Advance.

GOD BLESS U ALL.