krishna
21 May 2015 at 13:33
Respected members,
If a person is really financially weak & he is not able to pay court fee then can we called that person insane for the section 6 of limitation act ?
Thank you.
krishna
21 May 2015 at 13:15
Respected members,
suit has been filed for declaration that sale deed is illegal & hence cancellation of sale deed & possession. Suit premises belongs to Maharashtra Housing Area Development Authority (MHADA in short). Hence MHADA is party to the suit.
As per limitation Act limitation period for filling suit is three years.but
section 173 of Maharashtra Housing and Area Development Act 1976 provides limitation period of six month for filling suit against MHADA.
section 173 : No person shall commence any suit against the Authority or against any member of the Authority or of any Board or of any Panchayat or any officer or against Authority, servant of the Authority or
Panchayat or any person acting under the orders of the Authority or Board, or
Panchayat for anything done or purporting to have been done in pursuance of this Act (including any contract thereunder), without giving to the Authority, member, officer or servant or person two months previ-ous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.
And in the case of any such suit for damages, if tender of sufficient amends
shall have been made before the action is brought, the plaintiff shall not recover
more than the amount so tendered and shall pay all costs incurred by the defendant after such tender.
Suit has been filed after more than six month & before three years & hence as per mhada act suit is time barred.
Therefore, suit to be in time, application of section 29 (2) of limitation act is necessary.
whether section 29 (2) of limitation act applicable to this present suit ?
Thank you
Jibanananda Goswami
21 May 2015 at 12:49
The scenario is as follows:
Suppose I was a student of the ''University of Jammu" After my examination and very low marks, I applied for a review which shown no change of marks. So I want to see copies of my answer papers.
Now the problem is that, as a candidate, only I can apply for copies of my answer papers. But Section 3 of J&K RTI Act says that only residents of J&K can apply for Information.
So, the situation is
Nobody other than me can ask the copies of my answer sheets.
I also can not ask for my answer sheets as I am not a resident of J&K.
So, even this information is not under restricted category, nobody can seek for it. It is creating a black box situation with no transparency at all.
There are many students from other states in different institutes of J&K. They all pay time and money for the courses but do not have right to seek
information.
Is there any special provision for the students? How the outsider students can get information about their courses and institutes which is very crucial for them? I think, there should be some way. Is there
any really?
george
21 May 2015 at 12:14
Sir,
As per Sec 16 (3) Of India Contract act,whether both aspects a) the fiduciary relationship between the party that one person is in a position to dominate the other and b) the transaction is on the face of it and on evidence unconscionable should be there to make a transaction invalid
OR
If either any one of the above two aspects is there ,it is enough to make a transaction invalid.
shanmuga kumar b
21 May 2015 at 11:40
I borrowed sum of rs.22 lacs from my friend during august 2011. I signed a agreement in 100 rs stamp paper and give my house documents as collateral.
Now, he want to registered the loan, with Trichy registered office. Equitable mortgage agreement.
Is it possible, to register the loan today, metioned loan received as on 12 august 2011.
pls advice
b. shanmuga kumar
Member (Account Deleted)
20 May 2015 at 12:33
Dear Experts,
Land vendor’s civil case is pending in the SC, but already shares are divided by lower court’s order.
1) Will sale document registration legal when case is pending SC same land?
2) If I buy the case pending land, will court interfere/arise issues in this stage?
3) Is there any other legal procedure to buy the case pending land?
Please advise to the above my queries.
Thank you for all Experts.
rajeev
19 May 2015 at 15:35
Can my lawyers ask my estranged wife the following questions.
1- About her extramarital affairs. (She had 4 that I know off).
2- Can I ask her about sending very vulgar and malicious email to her ex boyfriend. She has described very dirty things about her ex boyfriend to her fiancé....so she would leave him.
3- She had abortions with one of them.....can I Ask her in the court in her cross questioning.
4- Can I describe very openly about her characters....she has very bad one.
My local lawyers are saying that we can't ask her personal questions as they are bringing up some Supreme Court ruling that you can't ask a female personal question.
My point is she has filed 498a and other pic sections against me and all of them are lies. Don't I get the chance to tell the court that by doing all this she has done all these things to me.
Regards
BRIG SHYAM HANDA
19 May 2015 at 12:33
Hi legal experts.
your valuable advice is sought on a legal issue. A CIVIL SUITE wasfiled in District Court. After stage of counter reply and rejoinder as well personal hearing by the Judge, petitioner and or his advocate failed to appear in the court ON TWO dates. On first such date MCD made party was instructed to make a written submission.And when reply was to be filed due to some misunderstanding none could attend. The case has been dismissed on default of non appearance. What is the legal procedural remedy available to the petitioner to get this order revoked. without much hassle
Anonymous
18 May 2015 at 10:54
hello sir,
my father had two wives. he was a pensioner. last year my step mother was died, after few mnth my father also died. my step mother was nominee of my father's pension.my father and mother did registry marriage. can my mother get my father's pension? if yes then how.??
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How to file name change in court?
Respected Sir,
My name is Samrath Gupta residing from Varanasi (UP)
I've changed my name from " Shivam Gupta " TO " Samrath Gupta ".
I wanted to change my name in my marksheets of Highschool and Inter.
I've submitted all the things required by CBSE Board. When I called them to ask about my case they said my case got rejected.
When I asked for reason they said new laws have come from CBSE board
http://cbse.gov.in/circulars/cir_ros_2015.pdf
I've these records with me:
1- Govt Gazette
2- Publications in news paper
3- Affidavit
4- Affidavit sworn before Magistrate (PhotoCopy)
How can I move forward?