Anonymous
24 June 2010 at 10:38
DEAR EXPERTS ,Here i am in need of legal advice on court case which iwas filed for partition ,here one my brother {Elder }was solded out a bit of land on saada binamma paper with out concent of remaining 2 younger brothers , it is totally joint patta agricultural lands ,the same was acquired by my father & in turn the said lands was paternal grand fathers properties un-divided properties still date . the said 2 persons Diffandants came to court on my brother saada binaama paper and appeared in the court ,now the question is that what will the court my order on this problem .here we younger brothers was not singed in the saada bi-naama papers .we both plaintiffs was filed this case .kindly reply me on my problem ,
2. And also one decree holder 1978 was also taken in absence of we two brothers concent and obtained decree on land in 1978. with my mother& my elder brother at that time we all are majors {in 1978.}Now in this fresh case we have sended summons to said decree holder but he was not came forward to the court the summons was recived by him last month .can the decree will valid?
adv. rajeev ( rajoo )
24 June 2010 at 04:06
MY frnd has filed MVC case against the insurance co.,
The wittness has denied in the criminal case that police have not taken any restatement. this admission given by the witness is relied by the insuramce co., and produced the certified copy of the same.
In my opinion evidence in criminal case is not binding on the mVC cases.
Am I right?
If learned members have got any judgments please post it.
pratik
24 June 2010 at 01:43
Question: Two conflicting decision of diff HC (High Court) one is of single bench while other is of db of diff HC which is to follow?
Answer: Single bench decision of the HC of the same state has got binding effect than larger bench decision of HC of different state. Single Bench decision of the HC is more binding on that state than the db decision of HC of some other state.
As per which act or section the abovementioned answer is right pls tell me or any case laws. Is it applicable to appeallable tribunal & supreme court.
Any case laws .
Thanking U All Learned Members in advance.
pratik
24 June 2010 at 01:36
Section 13 & 20 Transfer Of Property ACt, 1882.
Pls explain me the below mentioned para in detail with the easy examples pls experts explain me and if any notes available then pls post it .
Section 13 of the transfer of property act, 1882.
Transfer for benefit of unborn person.- Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.
Section 20 of the transfer of property act, 1882.
When unborn person acquires vested interest on transfer for his benefit.- Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.
Query:
1)Meaning of vested interest as per section 20 of the transfer of property act, 1882.
2)Meaning of the extract(subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.)
Any case laws than pls put forward.
Thanking u all experts in advance.
pratik
24 June 2010 at 01:32
1)What do u mean by miscellaneous proceedings as per cpc, 1908 section 141 .With the example.
2)In a Letter Or Notice if the above words are mentioned on the top of the Letter Or Notice.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
What it is the meaning of the Words if mention under the letter or notice.
I have heard that if any of this words are written under the letter or notice than it seems that it is not for the interpretation and also not for the legal evidence in the court.That the letter is not use for the evidence in the court & also cant interpreted it.
Also Pls Tell Me With Us Expert advice What do this words means & Can be Written Under any Stamp paper or affidavit.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
Pls help me with the examples.
Thanking U All Experts In Advance.
pratik
24 June 2010 at 01:24
Extract of the section :
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of 2[such decree].
Query: Why it says that the Execution should be after 3 months & not before that ? Also expalin me the section 80 of the CPC becasue as per my view i would like to say that section 80 of the CPC says that if any aggrived party want to file a case against any public officer, servant or any state goverment or any central government than first the aggrieved party has to inform the them in 1 months time after the party aggrieved (means dissatified by whatever means of the service taken or given or done etc) & before the party file the case in the court.
Pls direct me if i am wrong.
Thanking U all experts in advance.
pratik
24 June 2010 at 01:15
1)In which act it is said that if we submit the affidavit to the high court or high court related matters we have to start the first line of drafting of the affidavit as "In the matter of & in which act it is said that if we dont have to submit the affidavit in high court or high court related matters we have to start the first line of drafting of the affidavit as "In the matter of the petition of
2)what do u mean by specimen signature & counter signature.The Difference between them.
3)What do u mean by covenant , agreement & indenture.The Difference between them. Because i have read in the book that both all the meanings are same known as agreement.Pls elaborate the answer.
Thanking u all Experts in advance.
pratik
24 June 2010 at 01:11
Gazetted Officer
Government officers whose appointment, termination, retirement, death, promotion, demotion etc. are to be published in the official gazette of the Government, are gazetted officers.
First of all a gazetted officer must be a government official.
In India, a official Central Government Publication named Gazette publishes the promotions of certain government official. Those officers whose name appears in Gazette are termed as Gazetted Officers.
Indian Govt has employees classified as class 1 to class 4. All class 1 employees are Gazetted officers.
Class 1 employee examples are:
All India services, though posted to states; promotees from states to the cadre of Assistant Commissioner and above and to the cadre of All India services ; Police officers of Circle Inspector and above; Additional District Civil surgeons, Executive Engineers and above, District Medical Officer and above, Lt.Col. and above, Principals of Government colleges and above, Readers and above of Universities, etc.
Query:
1)As per which section the above mentioned says that the (Government officers whose appointment, termination, retirement, death, promotion, demotion etc. are to be published in the official gazette of the Government, are gazetted officers.
First of all a gazetted officer must be a government official. Indian Govt has employees classified as class 1 to class 4. All class 1 employees are Gazetted officers)
How can we known that the particular employee of the government is a first class employees to determine the status of the Gazetted officers.
2) As per my understanding they are also knwon as public officer as per IPC Section 21.
Pls Direct me.
Thanking u All experts in advance.
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Judgement of W.P.(C)16712/2006 -Delhi High Court
Sirs,
The Delhi High Court judgement [W.P.(C)16712/2006] dt 10.11.2006 in the cas of Shri Surinder Pal Singh is not available on the website of the said High Court.
Where can i get it?
Thanks and Regards,