anshul sangal
25 July 2010 at 09:33
Can anyone explaine res judiacata between co defandant
Anonymous
25 July 2010 at 09:07
What is a L.E.Suit?
When can it be filed an against whom?
Can it filed against someone who is staying at a residential premises for 50 years?
What are the damages that can be claimed?
Can it be filed by someone, who is not recognized as the owner in a cooperative society?
Abhinay Kumar Shaw
25 July 2010 at 00:45
Anurag proceeding to Europe, leave his furnitures on charge of Birendra, as his agent during his absent. Birendra, without Anurag's authority pledge the furniture to Chaman, and Chaman knowing the Birendra had no right to pledge the furniture, advertise its for sale.
Can Chaman be compied to deliver the Furniture to Anurag ? Please suggest with proper ground.
pratik
25 July 2010 at 00:29
22- Transfer to members of a class who attain a particular age.
Where, on a transfer of property, an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age.
Pls explain me the meaning of vest , vested interest . What as per section the age is not given so which age should be considered.
Thanks In Advance.
pratik
25 July 2010 at 00:23
The decisions of the Superior Courts of Justice in England are authoritative precedents recognized by English Law. In our country, Article 141 of the Constitution says that the law declared by the Supreme Court shall be binding on all courts within the territory of India. By this, it is made clear that all courts in India are bound to follow the decisions of the Supreme Court even though the said decisions are contrary to decisions of the House of Lords or of the Privy Council. Privy Council decisions are binding on the High Court so long as the Supreme Court does not overrule them. [PANDURANG KALU Vs. STATE OF MAHARASHTRA (AIR 2003 SC 733)]. The Supreme Court under Article 141 of the Constitution is enjoined to declare law. The law declared by the Supreme Court is the law of the land. It has been held in the case reported in BENGAL IRON CORPORATION Vs. COMMERCIAL TAX OFFICER [1994 (1) Supp. SCC 310] that no doubt a statute is binding, but it is the satute as interpreted by the highest court which is binding on all other courts.
Query : What do u mean by House of Lords & Privy Council in detail because this words are also used under the indian evidence act . So pls elaborate it if possible with the example(S).
Becasue as per the abovementioned article the law of House of Lords & Privy Council also binds to the Supreme court it means it is the highest one among the indian constitution of india & also the apex court.
So pls tell me the meaning along with keeping in mind the indain evidence act also.
Thanks In Advance.
Anonymous
24 July 2010 at 15:44
Sir,
I was having ICICI Bank Credit Card and was having the some amount indue in 2006.The collection agent coming every month and regularly collecting the Credit Card Due Amount.He asked me to settle it and told me to pay 6000 rupees for closing of account.I paid the amount and the agent was written the backside that the "Amount Collected towards the closing of A/C.".
The above thing was happened in February'2006.And I was informed to their department regarding that.They did n't taken any action on the agent and now harassing me like any thing.
Now ICICI Bank Credit Card Department is harrassing me for payment of the amount due again( Rs:58000) and they are saying the amount was due and account was not closed.
I already submitted the receipt copy of the payment at their office in hyderabad.
Now ICICI Bank Legal Dept is saying whatever the agent written on the receipt does not have the validity and he was told me that sending the legal notice.
How to proceed further on this.
Thanks
Anonymous
24 July 2010 at 15:26
Respected Experts,
My land was encroached by the neighbor, as per the suggestion of local lawyer my father reported it in Police and filed a suit of u/s 144 and 145 Cr.P.C in SDM Court which was closed without any judgment since no one took interest.. After some yrs. he didn’t pursued the case due to health reasons. None of my brothers and sisters lives here except my retd. Father. Now to recover the encroached portion of land back, as per suggestion of Hon. Experts of LCI and local lawyers I am filling civil suit for Declaration with recovery of possession and mandatory injunction. So, is it necessary to mention or give reference about the proceedings and incidence of u/s 144 and 145 Cr.P.C in SDM Court in the plaint or will be discussed in argument if he raises that issue? We both have purchased from the same seller and lands situates in the same plot (his area in his sale deed is 0.075 Acre but after encroachment he is in 0.09 Acre and mine is rest of the land i.e. 0.32 acres but reduced to around 0.30), so how it will be decided that he has done encroachment?
Plz. Suggest.
Thanks and regards.
Anonymous
24 July 2010 at 15:22
Respected sirs,
A public officer while passing order and validating a report of his subordinate, acted maliciously, when the person refused to entertain him. The manner and method as well as circumstances itself proves the intention. I have the documentary proofs. Rest cross examination of public servants will do. Their report contradicts earlier report on the same matter submitted by same public servants 10 months earlier. Also they have manipulated the record and have mentioned wrong dates of the event, at one date that officer even had not joined the office. Here do I need or is it mandatory to enlist the name of witnesses in the complaint itself? I fear they may influence the witnesses, by taking advantages of his official position; also no one is ready to depose against the officer.
Can both the writ and criminal case be filed concurrently or maintainable? I have filed the regular appeal in higher authority, since HC is very far from here. But I will try to file writ if allowed.
Plz suggest.
Thank u all with regds.
Anonymous
24 July 2010 at 13:41
Sir, my mother,younger brother and myself(elder)share a piece of land.Before the demise of my younger brother he had transfered his share to his wife.Thereafter,she constructed a houz in the front portion of land and had been residing there. I alongwith my mother stay at hyderabad.My and my brothers share is 175acres and mother's is 75acres.I want to dispose my and my mother's share but since the share is not demarcated she claims the front portion to be hers and refuses to go back since there is a variation in prices of front and behind portion.please guide if partition suit will be helpful and who could get the front share?
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Section 4 of the hindu succession act, 1956.
4. Over-riding effect of Act.- (1) Save as otherwise expressly provided in this Act,-
(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.
(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.
(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provision of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.
1)Query : What do u mean by fragmentation of agricultural holdings or for the fixation of ceilings ?
I think the dict meaning of fragmentation (a samll part broken or separted off).so it says the the prevention of fragmentation (of a samll part broken or separted off) agricultural holdings pls tell me wether i am wright or wrong. also the what do u mean by fixation of ceilings & also fixation of ceilings in which matter.
2)Meaning of miscellaenous proceedings as per CPC section 141. & the difference between civil miscellaenous proceedings.
Pls clear my dought becasue no one is answering my doughts pls answer .
Thanks A Lot.