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Rupendra Porwal   03 December 2014 at 18:34

Submission of evidences

Friends,

We submitted copies of evidences on affidavit in the suit. The judge has dismissed the suit citing that as per section 3 of Evidence Act, the affidavit can not be treated as an evidence and any document submitted with affidavit can also not be treated as evidence.

1. How one should submit evidences in civil suit and what are the relevant provisions?

2. Would it be better to submit evidence on memo under Order 13 Rule 1?

3. How should one submit clarifications/submissions on certain documents like secondary evidences or electronic records like emails or web pages?

Dhruvik   03 December 2014 at 17:16

Non payment of a loan under vajpayee loan

I had a loan of Rs 100000 under vajpayee loan scheme from SBI (Gujarat). but have not paid the installments as per the arrangements. I got a notice from the bank.
I have not given the documents of house, but have provided the copy of city survey. the bank people are calling there to meet them. they were talking about some relief in the loan.
My question is Can bank seal my house?
Please revert back as soon as possible

Tarun   03 December 2014 at 01:10

review and appeal

I have a case in which the judge has passed a decree against me. But the order has not been signed fot d past 2 months.
Now, when will my time begin for executing the order, will it b counted from d day of order, or from day of reciept of order.
Also, can I go for review in case of decree or not????

AMIT KUMAR SHARMA   02 December 2014 at 17:06

Consumer protection

I want to file a complaint against a school under the consumer protection act, 1986.

What type of compensations I can mention in the complaint other than Fee deposited to School i.e. Mentally harassment and cost of the complaint etc.

What extent the value of mentally harassment or physical strain can be claimed. Is this value depends on the cost of case or other thinks.

Kindly advice.

mahesan   02 December 2014 at 13:57

cancellation of settlement deed through court

Father executed settlement in favour of his minor sons in the year of 1989. But father is possession of the property till the date. Wife filed divorce petition in and same was allowed set exparte. Minor sons are now majors and they residing with mother. Now father is want to cancellation of settlement deed in favour his sons. It is possible or not. What relief in favour of the father.

Rastogi   02 December 2014 at 12:10

Rectification of facts in judgement

In the judgement copy of second appeal, if some of the facts are mentioned wrongly. How to get it rectified? should we apply for correction?

Tarun   02 December 2014 at 10:38

i need a good civil lawyer, how do i find him, and how do i

i need a good civil lawyer, how do i find him, and how do i now how good is he.....?

Durgaprasath   02 December 2014 at 08:37

Title for ancestor's property

We have a ancestors property (land) on our title from year 1935. One of our relative has filed a case claiming that property in 1965 and he has won as well (I learnt that my grand father was deceived by our advocate and oponents by asking him to keep quite for all questions in court).

The opponenet won on the couple of appeals thereafter as well though all documents are in our name from year 1935.

Court has provided the opponents a permanent injection against us in 1965. But after that, in 1972, on plain paper, our grandfather got a release deed from the opponent's son while the opponent is alive (again cheated by them and now we learnt that son cannot give release deed while his father is alive)

After that, they never claimed title and the land continued to be on our name as per revenue records till date.

The opponents grand son has filed a fresh case in 2002 as a partition suite between their brother and sister and in that partition suite, he has included these lands as their own and asking court to recover from us and then do the partition.

His only document to claim the rights on this property is 1965 judgement on their favour. But all revenue records and official title remains on our name till date from 1935.

We learnt from some advocates that limitation won't apply here since he got permanent injection from court in 1965 and he can claim anytime. Some advocates say, after 30 years one cannot come and claim though judgement was in his favour in 1965.

Please advice. One of our relative (High Court Judge) told that only with judgement copy of 1965, the property cannot be claimed after 30 years though limitation might not be applicable since all the revenue documents are properly maintained by us from 1935 till date.

Need advice. Also looking for an advocate in and around chennai to lead this and provide an opinion.

Skeptical optimist   02 December 2014 at 08:27

'execution' proceeding in consumer court

District consumer forum ruled against a real estate developer, and asked him to return to complainant; principal plus interest in 30 days. After more than 90 days, respondent has not complied. From database of past verdicts involving respondent, I learnt respondent's modus operandi is to buy time by injecting delay at each step of 'execution' proceeding; and eventual compliance when about to be arrested (presumably, compensation interest rate ordered by the forum is lower than rate at which he can borrow capital from the market). So far, delays were introduced by absentism, claim of health issues, and getting stay order from state consumer forum.

Question 1: What are the other legal ways at respondent's disposal to inject delay into 'execution' proceeding?

Question 2: Do you recommend initiation of appeal for solvency of respondent's company (citing non-compliance of district forum order), in parallel? If yes, in case of potential later out of court settlement; is complainant (if he so wish) entitled to withdraw appeal for solvency OR complainant can ONLY initiate it?

chandrabhanu   01 December 2014 at 23:20

Habitual litigant

Sirs,
There is one person who has taken approximately around 10 to 15 properties from many individuals by cheating them (leagally). Legally means, he will creat a forged will, based on the will sale to 3rd person, 3rd person to 4th person & then he will buy from his as he does not know anything and legally safe. Out of 10-15 people, many have left as they are not financially strong as compare to him. Few people in the due course of case as it delays, they have compromised for some money. Now around 5 person only fighting the case. I have all those persons details. In this context, please clarify the below.
1) Can i initiate the criminal case?
2) Can I complain to CBI? and whether CBI will investigate this matter as the approximate amount of fraud is 40 to 50 cores.
3) Is there any other action which we can take?
5) If all the 5 people can jointly complain to police department, If we give the complaint, whether police will accept the complaint?
6) Whether all the parties can file the criminal case?

Sirs, please clarify me as it is very important to me.