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Abha   22 March 2016 at 12:55

Two contradicting statements in cross examination

Hello All,

I was cross examined yesterday in my Divorce Case.

The cross examination happened in front of the appointed commissioner.

Somehow the other party lawyer was very shrewd and through some ill means he took two contradicting statements from me.

One statement was in favor of me and other statement on the same topic was not in favor of me. Please can you me how will the Judge decide the case in such scenario.

The statement which i told is correct, i am having proof also. But somehow the way he did cross, was somewhat confusing.

Kindly help. This is very disturbing me as i am struggling with case for over 5 years now.

Thanks,
Abha

Yaaros   21 March 2016 at 15:22

Rain water discharge to back side public road without drainage facility?

Is it allowed to discharge the ground rain water and roof rain water harvesting tank overflow to public street without drainage facility in the back side of house compound? The plot has public street with drainage facility in front side, but draining to back side street for their convenience. The place is in cochin corporation limits.

Divya   21 March 2016 at 13:34

How to recover from partners, deed vs joint several liability

Respected experts
I have a decree against 3 partners and the firm and as per the act all partners are jointly and severally liable as per decree.
But their internal registered partnership deed states that profits or losses will be shared equally between them
I have to execute the decree now. Should I attach 3 different properties of those partners to claim in 1/3Rd ratio from each. Or can I attach the property of any partner to recover entire dues or are properties to be attached on a priority basis and if decree remains unsatisfied through 1St property, the other properties can be attached... Does section 43 of contract act take an upper hand here and does the registered partnership deed have no value for us or for the partners in loss sharing.

Please advise

sandeep   21 March 2016 at 12:57

How to refuse an advocate commission as the plaintiff did not requested for it

Good Morning sir/madam,
My mother is a plaintiff who filed a civil case in the year 1999 for declaration of suit property in city civil court, hyderabad. The case got ex-partee decree in the year 2001 in my mother's favour as the defendant did not appear for the court. The defendant requested for retrial of the case. The request was refused by the court. In the year 2003 the defendant went to high court to set aside the ex-partee decree and for retrial of case. In the year 2006 the case was sent back to city civil court by high court for retrial. Now the status of the case in for cross examination.Now the problem is the defendant party requested for advocate commissioner for cross examination but my mother is willing to give her cross examination before the presence judge but not in the presence of advocate commissioner. My mother(plaintiff) did not requested for any advocate commissioner so please give me instructions about how to refuse an advocate commissioner before appointment of advocate commissioner. thanking you sir/madam.

expecting early reply Yours faithfully.

Divya   21 March 2016 at 01:12

Execution against signing authority if valid legally

Respected experts,
I had entered into a contract with "R" who claimed he was a ceo or signing authorit for a partnership firm. This was 5 yrs back. Firm didn't adhere to contract, hence civil suit was filed and an exparte decree was awarded to me. This signing authority was also made a judgment debtor by me.
But when I recently removed legal documents of firm registration from ROF, I came to know that "R" was neither a ceo nor a signing authority nor any power of attorney holder for firm. Moreso he started his new company..

In such a scenario, is it legally right to file an execution proceeding against him.

venkatesh   20 March 2016 at 22:26

Will

Dear experts,

If a person "A" makes a registered will today for property1 in favour of person1, then after few months he makes a registered will for property1 in favour of person2. As we all know most recent will takes priority over old will. Is it possible for person "A" to upheld the old will with valid reasons(personel/medical) by any legal means without making new will in favour of person1 again. Regards Venkatesh

Swapnil   20 March 2016 at 13:41

Pw1 give fake statement in his cross

Sir


PW1 give fake statements in his cross without any profs so what steps i will takes ?

Swapnil   20 March 2016 at 13:38

65b email evidence

Sir

I want to file various emails in my evidence but its receive from different uses on my same email id at different time then whether i will submit only one affidavit u/s 65b for all emails OR file separate affidavits for different emails


pls guide

parth dixit   20 March 2016 at 10:40

Abuse

One of the resident continusely abusing me he is sc caste and giving me fear that we can not do anything about him as he is sc caste

Vigneshwaran   20 March 2016 at 09:31

Road accident injured

Dear Sir
My aunty aged 50 yrs was met with road accident (hit by two wheeler motorist) on 11th March 2016 and left leg has got completely fractured. Presently hospitalised and operated with plate in her leg. Two wheeler rider has not had license and his LLR has got expired. He is student aged around 20 yrs. He driven his friend bike it seems.. His parents were refused to take care of medical expenses for my aunt.. Kindly advice whether can we lodge a case to get proper compensation for her.. since she is poor.. and struggling without money..

Thanks in advance.