Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   28 August 2023 at 16:48

Tranfer deed can be treated as a release deed

Sir a tranfer deed can be treated as a release deed.
Please provide any citation if you have.

Anonymous   26 August 2023 at 10:00

Remand of suit

High court allowed to produce the additional evidence and passed below order of remand

Having heard, the Impugned order of the lower appellate court is set aside. Opportunity shall be afforded to the 1st defendant to produce documents which shall be reconsidered and if need be, to lead additional evidence in proof of their right. ordered accordingly.

Whether can we say that entire decree of the appellate court is set-aside, suit needs to be heard and decided afresh?

Since the word used in high court judgement is only "Impugned order" of appellate court is set aside and not Decree of the appellate court.

Ayan   24 August 2023 at 20:53

Govert serive to higher post

1)My wife joined Employee State Insurnce Corporation Hospital as Nurse in 2010
as permanent staff ,qalification was

2)In 2016 , she got chance for (nursing).ESI give permission , study leave
on condition she will not demand promotion and salary hike.

3)After Msc ,ESI posted her to Bsc nursing college as tutor.But salary and designation
no change.ESI showing her assitant professor / tutor to Nursing Council of india and university.

4)She is doing PHD(nursing) , ESI has given to do phd partime basis , but still her salary and desigation nurse.

5)She has completed 1.5 years and still continuing duty at College.

My Question is That

1)In the name of service utilisation , govt organisation can make a employee work to higher post
without change designation and salary ?

2)Is there any rule judgement , after ertain period , she will be designated to higher post ?

3)Is there any remedy ,please help?

minsal   24 August 2023 at 17:20

Is appeal from order maintainable.

Hello Respected Experts,

I have filed an Appeal from Order before High Court challenging the Order passed U/s. 10 of CPC, by the City Civil Court. but at the time of hearing the judge said that AO cannot maintain against such order, and I have to file a Writ.
will you please guide me on this issue? Further the Impugned order is completely wrongfully passed by the trial court.

Anonymous   24 August 2023 at 17:10

Diff bet tractor hp claimed by comp & aspervahan

For all tractors manufactured by companies in India , they have claimed HP as e.g. 45 but as per VAHAN portal it will be 40. PTO HP is different not related to this. Upto 5 HP difference will be there in all tractor models. Why it is so and can all farmers file a complaint in Consumer Forum against this. Which department is answerable to this difference. One case is in Consumer Forum now.

Anonymous   22 August 2023 at 22:40

Uncle acquired farm illegally

My grandfather have 6 acres land in Maharashtra.
My father have 2 brother and 2 sister. All 5 sibling name is on 7/12.
But one of uncle acquired all farm ilegally and not able to enter us in farm.
Can we put stay order on this Farm?

Anonymous   22 August 2023 at 12:54

Court permission

My neighbor could not afford to engage an advocate for her maintenance case to be filed against her husband for maintenance and got help of District Legal Services Authority, which provided her a lady advocate free of cost. The Petition for maintenance was filed and thereafter the lady advocate showed no interest in the case. The lady advocate refused to meet my neighbor.
Recently, it has come to that Notice that

1. in January, 2023, her husband filed his reply, copy of which was not provided by the lady advocate to mu neighbor, and on the same day the Court order filing of Replication with 15 days, which was not filed as the lady advocate neither provided copy of reply nor informed her of this Order about filing of Replication.

2. Later on, in May, 2023, the court ordered filing of Evidence affidavit by my neighbor within 4 weeks, which also was not filed as the lady advocate did not inform her of the same.


The Next date of hearing is very near. Please advice

a) whether my neighbor can file Replication and Evidence Affidavit on this next date of hearing and, if so, how she can do so. If any application to the Court is to be filed with Replication and Evidence Affidavit for seeking permission of the Court, please provide a specimen of the Application.

b) Whether my neighbor can take any action against the lady advocate, who has brought her to this situation and spoiled her case.

Anonymous   22 August 2023 at 01:28

Restoration of rejected plaint

Plaintiff filed a suit for possession against the defendant. Defendant moved an application under order7 rule 11, CPC for rejecting the plaint on the ground of failure to file the sufficient court fee. The application was dismissed by the trial court. However revision was allowed by the high court with effect that the trial be continued but judgement be stayed until the court fee is paid. Plaintiff instead of filing court fee in the trial court, filed an SLP in the Supreme Court. Supreme Court did not grant the stay. Meanwhile, as the court fee was still not paid by the plaintiff, the trial court rejected the plaint and consigned the case file to the record room. Thereafter, Supreme Court allowed the Plaintiff's application against the order of High Court (Supreme Court was misled by the plaintiff as the fact of rejection of plaint was concealed). Now, the Plaintiff moved an application in the Trial court and the trial court restored the suit without intimating the defendant. Is it legal? Please help and give the remedy with relevant case laws.

Anonymous   20 August 2023 at 00:48

Gpa revocation

Can a joint GPA given to one Agent be revoked by one principal alone?
In my case Mother and Sister has given GPA to Son…..After 15 years Only Mother has revoked the GPA ( Registered Revocation)…… is this a valid revocation ?
As no notice issued to Son ( Only oral revocation as said in revocation ) and Sister is completely not aware about the said revocation

Anonymous   19 August 2023 at 13:49

Money suit case

my wife name is used as performa party for a money suit case wherein she is not involved in anywhere .kindly suggest how to submit written statement as i cannot afford a lawyer