lokanadham c
09 June 2010 at 11:34
sir,
who is competent authority to control and supervision of daily transactions and management of private trust under indian trust act ?
if any trustee in private trust voilated and mis managed the accounts and property of trust, the third person can sue or restrain said trustees ?
pratik
09 June 2010 at 01:13
I Have heard that as per the Negotiable instrument act crossed cheque is not a Negotiable instrument WHY SO ? ANd pls tell me that which are the cheque & documents are not Negotiable instrument .
meaning of Fiduciary relation as per the hindu succession act & contract act, 1872.
Thanking u all experts in advance.
pratik
09 June 2010 at 01:10
AS per the OXFORD Dictionary meaning of all the below mentioned are same so pls correct me if i am wrong & answer the right one.
1)Covenant.
2)Agreement.
3)Indenture.
1,2,3, means agreement as per the oxford dict so pls clarify & tell me that why drafting any kind of agreement which words should be used & how it is benefited to the party.
Thanking u all experts in advance.
pratik
09 June 2010 at 01:07
Meaning & Difference between Gratuitous & Non - Gratuitous Act.as per contract act, 1872.
Doctrine of restitution is not applicable to the minor WHY ? Also the doctrine of restitution required.
Thanking u all experts in advance.
pratik
09 June 2010 at 01:04
what do u mean by deterioration of goods.
What do u mean by vindictive damages & exemplary damages if possible with the examples.
Thanking u all experts in advance.
pratik
09 June 2010 at 01:01
1)As said by the experts form the this forum that One who makes an affidavit.is known as affiant. so can i say that the lawyers & advocate are also knwon as affiant because this are the person who can make the affidavit & notary it. pls clarify me & as per act or law the word affiant is defined.
2)Also i would like to ask that if the law degree holder is known as a lawyer until he has registered him self to Bar council of india. than he is knwon as a advocate. but if he is not registrerd under the BCI than can he do the notray work as per notary act.
3) what do u mean by corporeal ownership as per transfer of property act.
4)what do u mean by incorporeal ownership,vested ownership,& ostensible ownership as per transfer of property act.
Thanking u all experts in advance.
pratik
09 June 2010 at 00:43
As Per Section 4 what is the meaning of Easement with the examples. Pls Because the examples give under the act is not properly understood by me as per the definition. so pls it is a request to make me understand the defination in detail & also the example(s) in details pls.
the extract of the section 4 are as belowmentioned:
4. “Easement” defined.- An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own. Dominant and servient heritages and owners The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
meaning of beneficial enjoyment .
Thanking u all experts in advance.
Anonymous
08 June 2010 at 20:02
Pltf.filed suit for declaration and injunction about his agr.land against the govt.wherein my client applied for joining him as party on the ground that the said land was included in gaucher and so land does not belong to him,but this appl.was rejected and in HC,the Hon.court directed the Collector to look interest of Gauchar etc.and so my client's writ was rejected.The suit is now decreed.The Govt. took no part in the kproceedings as per the direction of the HC.Though I was not a party to the suit can I file appeal before the District Court ? My interest in the suit is only to protect Gauchar land as I am also having cattles.
pratik
08 June 2010 at 19:37
Difference between affidavit and testimony. Because the defination of the testimony is as follows :
In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
So I think there is no difference between affidavit & testimony. Pls correct me if i am wrong.
Thanking u all experts in advance.
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Injunction Suit
1st plaintiff borrowed loan from the bank by mortgaging the property of 2nd plaintiff. The 1st & 2nd defendants are the bank and the 3rd & 4th defendants are the guarantors for the loan transaction. Plaintiff defaulted to the bank. bank had filed a case before the DRT. DRT allowed the application of bank and issued the recovery certificate. now the plaintiff has filed a case before the civil judge (jr dn) seeking an injunction order from the court not to attach the 2nd plaintiff's property. the relief sought by the plaintiff is against the bank only and no relief is sought against the 3rd defendant, the guarantor. but the 3rd defendant has been arrayed as party in the injunction suit and there is an allegation against the 3rd defendant in the suit that he has colluded with the bank in the loan transaction. since the suit is for permanent injunction and the prayer sought for by the plaintiff is against the bank and since there is no relief is sought against the 3rd defendant, whether the 3rd defendant can file an application u/o 1 r 10(2) of CPC to delete him from the proceedings. Pl. provide me the case laws on this issue