Anonymous
25 April 2010 at 17:09
I AM THE PLAINTIFF,I HAVE FILED AN E.P.ON CIVIL MONEY SUTE AGAINST J.D. I HAVE PUT A PRAY TO ISSUE ARREST WARRENT ,AS THE J.D. WAS NOT AT ALL PAYING ANY MONEY. AFTER GETTING ARREST WARRENT, WE HAVE ARRESTED THE J.D. AND HE WAS PRODUCED BEFORE THE JUDGE.THEN,HIS ADVOCATE HAS SUBMITTED A MEMO, SAYING THAT HE WOULD PAY RS5000/= AND THAT WARRENT TO BE RAISED.MY SIDE COUNSEL HAS STRONGLY OPPOSED TO RECEIVE THE AMOUNT RS5000.WE WERE READY TO PAY BATHTHA FOR J.D.'S CIVIL IMPRISON MENT. BUT COURT HAS ORDERED HIM TO PAY THE AMOUNT RS5000 THROUGH CHALLAN AND TO FILL MUTHALIKA FORM AND TO APPEAR ON 30TH APRIL. SO WHAT WILL HAPPEN ON 30TH APRIL,IF I REFUSE TO ACCEPT THE AMOUNT THAT J.D IS GOING TO REPAY.
raj
25 April 2010 at 00:48
dear learned counsel!
I am a medical specialist working in an institute on salary basis.In the year 2008 I operated a poor patient for his eye ailment at free of cost under a govt sponsered programme.After surgery due to some dystrophy condition of the eye he didint get good vision.We took a second opinion by another expert and treated him accordingly.Later he was dischrged and explained to him about the visual out come.He didnt turned up for subseqent visits and he sent a legal notice demanding a huge amount towards copmpensation for his lost vision.Shall we held responsible?
Pankaj Mehta
25 April 2010 at 00:19
learned experts,
A injunction claiming civil suit was decided after framing of legal issues such as res-judicata, limitation and non complaince of procedure u/o 1 R 8 cpc, and without taking evidence of any party concerned, the suit was dismissed as the legal issues were decided in favor of defendant.
Now the appeal has been preferred by the plaintiff, challanging the judgement mainly on the ground that the trial court has made a manifest error by deciding the case upon legal issues without taking evidence of parties and the issues framed were not purely legal issues and relating with both fact and law.
I have searched a lot but i didnt find any landmark judgment on this topic specially on order 14 cpc
Please suggest me some citations and clarify on this subject--legal issues can be decided without taking evidence whether documentary or oral.
in this case admission-denail of documents by both the parties under order 12 cpc was made before passing the judgements
pratik
24 April 2010 at 22:55
In detail if possible with the examples
Doctrine of fixtures
doctrine of lis pendens
doctrine of quid pro quo
doctrine of consensus ad idem
pls experts give the abovementioned details.
P.ESAKKIMUTHU
24 April 2010 at 22:50
Chennai HC has held in (1988) 2 MLJ 398 (P. Annamalai vs The Collector Of Ramanathapuram And Ors.) on 25/2/1988 that acquisition of land for dalit is not discriminatory after the The Constitution (First Amendment) Act of 1951 introduced Sub-clause (4) of Article 15,.. The full judgement can be seen by clicking the link:indiankanoon.org/doc/353769/. Para 21,25 & 27 may be referred
Whether this ruling was overruled or not .What is the present position with regard to acquisition of lands for dalits .Is there any latest judgement by SC on this aspect of acquiring lands for dalit's purpose
Anonymous
24 April 2010 at 20:53
Ld councels,
Is it possible to obtain copy of documents submitted by plaintiff under ORDER VII Rule 14(1) of CPC through a copy appliction before the family court.
These documents are not yet marked as evidence.
Pls clarify
Thanks
Anonymous
24 April 2010 at 20:13
Family settlement and partition query
Details:
Father deceased in 2008
Mother ----alive
1st son--- deceased in 1993 (survived by wife and child now major)
2nd son---------alive
Assets
Father name-Immovable asset self acquired by father
Mother name--Immovable asset self acquired by mother
1st and 2nd sons--Immovable asset self acquired jointly
Facts
After death of 1st son there was diff of opinion between wife of 1st son and others hence a family settlement agreement between them reduced to the fact that wife will relinquish her share and the child share as guardian against consideration and the grand parents for welfare of child will keep some money in deposits out of love for welfare of child. And further it was agreed upon that they both would not enforce any right claim over the assets of the assets of father and mother now and also after their solemn demise. (They both are since staying with their parents)
Taking advantage of technical they (wife and she on behalf of child) did not relinquish their share and did not honor the settlement saying that it was invalid and rather went to court for her share under guidance from her family.
Now the matter has been settled amicable through well wishers against lump sum consideration.
ENQUIRY
1--Please advise what document has to be drawn by me 2nd son to avoid further dispute in future and the wife of the 1st son and her major child do not stake any claim on the assets of the parents currently existing in their name.
Will one registered document named --relinquish /release deed and family settlement partition.-- solve the purpose. Stating direct requishment of their shares inherited by the wife and child from the deceased 1st son from the self acquired joint asset of both brothers AND stake no claim in the assets of the father which they inherit after the deceased 1st son as per wish of the father (as stated by the father in a registered will were the 2nd son will be the sole inheritor of all asset) and also stake no claim in the assets of the mother now and also after her solemn demise. All this for a consideration also being given to them now.
2—Will this registered document be legally valid to get the records mutated directly in my name after the solemn demise of mother for the assets in her name or can they still create legal trouble if they even 1% desire in future after signing this deed ?
Please advise clearly the document to be drawn.
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UNREGISTERED WILL
Hi,
my query is that during the pendency of civil suit unregistered will were filled which were on the letterhead of the firm instead of the stamp paper by the defendents so the burden to prove that will relies on which side the plaintiff side or the defendent side and can a unregistered document can be taken without witness .
thank you..