ess oberoi
31 May 2009 at 10:01
Dear Hon'ble Experts,
May I seek your bona fide advice in a consumer matter, wherein the consumer forum gave decision in favour of the complainant. The OP ie Service Provider & complainant preferred appeal before Hon'ble State Commissioner, where, the appeal of OP was dismissed and State commission enhanced the compensation of the consumer. The OP filed appeal before Hon'ble national commission, where appeal was dismissed as no error/irregularity in the exercise of jurisdiction by the State Commission noted in its impugned order. Now the OP would go for appeal before Hon'ble Supreme Court. But before that the consumer has filed a Caveat.
As per Supreme Court Rules,"After the appeal is registered, it shall be put up for hearing ex-parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such order as the circumstances of the case may require" In these circumstances, may I seek guidance
(a) how to proceed with the case without engaging a lawyer (because of exorbitant fee and other reasons) ?
(b) What all a consumer has to say before the Supreme Court when the case at the three stages has been in favour of the consumer ?
(c) Will the Appeal be heard along with Caveater or ex parte as per above stated rules ?
(d) Before the matter is listed, what a consumer has to prepare ? Written Arguments ? or Oral arguments etc. etc.
(e) Can a consumer appear/advocate his matter before Hon'ble Supreme Court without having any law degree ? What all the Hon'ble Supreme Court may ask the caveator ? (in general terms)
(f) Before the Hon'ble Supreme Court, will the caveaor be heard first or the Service Provider now appellant before Supreme Court.
plz help. its urgent.
PRAKASHCHANDRA MARU
31 May 2009 at 00:55
hello all learned experts
pls inform me difference between the discovery and recovery of the evidence act
PRAKASHCHANDRA MARU
31 May 2009 at 00:54
hello all learned experts
what is the difference in the attested copy and certified copy
vinod bansal
30 May 2009 at 21:04
R/Members
plz explain civil imprisonment,is it mandatory to deposit amount by the party/person who prays the court to send the offender/defaulter behind the bar on account of jail expenses.Thanks
Khaleel Ahmed Mohammed
30 May 2009 at 19:22
General Power of Attorney should be registered or can be executed on No Judicial Stamp worth Rs.10/-
Is wittnessess are necessary for the execution of GPA without registration?
Member (Account Deleted)
30 May 2009 at 12:34
Dear sir/friends/experts,
I have taken a house for lease for two years after paying full lease amount of Rs.2,50.000.00 and the same is executed in stamp paper of Rs.100. I have paid Rs.1,50,000.00 in cheque and rest in cash. Now owner is not ready to sign the agreement.
what i shall do now. what are all the precations should i take now.
Please advise me
Thanks in Advance.
Reddy
Bangalore
Raghavendran
30 May 2009 at 09:14
Sir, It may be kindly clarrified whether the stamp papers purchased by an individual can be used by an another individual for Registration of documents. The Registrars says that it is impossible. But as per sec 6 (2 ) of the tamilnadu Stamp Rules, I feel that it is not necessary to check the names written on stamp papers when they purchased and even any one can use any stamp papers purchased by others.
I will be glad if the eexperts may clarify this section to me.
Thanking you, Sirs.
jitu
29 May 2009 at 21:55
in 1998 the apex court has observed that law of standed rent is violative of art.14 but didnot declared it, as bombay rent act was about to expire..In gujrat in year 2000 despite the judgement of apex court the lageslature choose to exend the law of standard rent up to 2011.. what would legal effect?
Member (Account Deleted)
29 May 2009 at 17:36
Can any one tell me about a book where detailed proceedure of consumer cases is given, Specially format of Affidavit in chief, W/B, W/S, questionaries for examination, written argument, etc.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
About WILL
Dear Ld Members,
I am appearing on behalf of Defendant. Brief facts of the case : Plaintiff and Defendant are cousins. Defendant's mother owned one plot measuring 200 sq.yards and there is one super structure in the said plot. The possession is with Defendant for than a decade. In the year June 1999 the mother of the defendant( as per the version of the plaintiff) executed a WILL giving 50% share to the defendant and Plaintiff. The mother of the defendant expried in July 1999.
Now the Plaintiff has filed a suit for declaration,partition, possession and interim/permanent injuction ( as there is some construction going on in the vacant portion.
Can I take the following objection/defence
1. Suit is barred by Limitation -Article 58 of the Limitation Act.
2. for permanent injunction Section 41(h) of the Specific Relief Act - When injunction not to be granted. When there is an equally and effacious remedy.
The Defendant is not aware of any such will executed by her late mother. The WILL has been signed by defendant's mother whereas she is an illetrate. We have a certified copy of one GPA executed by her in respect of another property to prove that the WILL is forged.
Now the question is can I move Order 7 rule 11 application taking the plea that the suit is time barred?
Can I get any supreme court/high court judgement relating to this dispute.