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kalpana   17 September 2014 at 19:33

Evidence

I filed a suit under the trademarks act. The plaintiff is a lady who is not well educated. Now the suit is ripe for trial. I want some one else to lead evidence instead of the plaintiff. Is it better to file a gpa and lead evidence on her behalf or should I file an application under order 18 rule3a to first examine some one else before her. Can I get the documents marked through him or is it better to file a gpa and examine some one else on her behalf.

Dr Manish Ghosh   17 September 2014 at 13:43

Rectification of mistake in floor plan

Dear Sir,
I have purchased a flat recently. Just before registration my law yer had corrected Dag no & Khatian No in the floor plan with pen and signed by me and seller. Now after registration I checked that in the floor plan of mother deed the direction was mentioned as "North- East" while in the text of mother deed it was althrough written as "North-West". In the floor plan attached in my new deed the direction is not mentioned by my lawyer. For this flat North-East-West all three are present although there are other blocks in East and west side. My lawyer is telling that there will be no issue if I want to sell my flat in future. My question is that as the direction of floor plan in chain deed is not matching with its deed and in my new deed the floor plan direction has not been mentioned--I am very much confused if it is serious mistake. Please suggest how to come out with this situation and what should be my next course of action.

Adv. Hemangi Jade   17 September 2014 at 11:20

Procedure for refund of court fees.

Dear Experts,

In the matter of Specific Performance of Contract upon the Application of the Defendant the Court has passed an Order that the Plaint is rejected under Order 7 rule 11 of CPC as the same is barred by the provisions of Order 2 Rule 2 of the CPC.
In the said matter the Plaintiff has also filed his Evidence.
Kindly guide that at this stage can Plaintiff request to the Court for refund of Court Fees as the amount is substantial? If yes, what will be the procedure for the same?

Thanking you in anticipation.

kumar   17 September 2014 at 10:28

Claiming for possession

Dear Members,

My Grand father sold 1 acre land in 1952 to a Buyer which is having 6 cents land of temple place.Later due to severe consequences occurred to buyer after taking that land ,that buyer orally given back that 6 cents of land of temple place to my father in the year 1989.From the last 20 years my father developed that temple place with his own money.Now that Buyer's son is asking to giveback 6 cents of temple place for his own use.Now we are not ready to giveback that temple place ,as the God in the temple is our family god.But the problem is that the temple place is not registered in our father's name.Buyer just orally given back that 6 cents of land of temple place to my father in the year 1989.we are having just possession in that land upto 20 to 25 years.Even we are not having any taxes paid to the temple place(i.e Electricity bill,water tax bill etc).Just our father taken possession & our family members are worshipping the god in the temple and developed that 6 cents of land of temple place.Buyer's son is demanding to give back that 6 cents of land of temple place.Recently we created a private trust on the temple land.

What is the solution for the above to protect our temple place...so that we shall have possession permanently??

Thanking you all....

Dhiraj A Rajhans   17 September 2014 at 10:20

Eviciton notice to vacate premises by gratituios licensee

Whether is it mandatory to serve a eviction notice to a gratuitous licensee for vacating the premises before filing a suit for eviction against such licensee ??? if possible any case law to that effect.

GIRISH PANDIT   17 September 2014 at 10:03

Filling defamation suit

Sir/Madam,
What is the court fees in MADHYA PRADESH for filing a defamation suit against some body ?
Please inform.
Further if possible guide for filing the suit in short.
Thanks.
Yours' Sincerely,

(GIRISH PANDIT)

SANJAY   17 September 2014 at 04:17

Query

Kind Attn.:All Respected Experts

Dear All Thank you very much for answering my legal query I found your advice is very useful to go ahead for taking legal action against the culprit, after receiving the reply from you I have contacted my local lawyer & ask him about filing a case against conspirators involved in this case. he said he is busy with some other work & have no time right now, Sir, I have submitted an application to kamgar talathi at Tahasildar's office attaching the copy of will & death certificate. will it makes any good in my case? secondly, the Land mafia who got the possession of our land was been taking cash crops by using water from well in our farm. from past 7 years, shall I claim for compensation for illegally using my land & threatening me to kill which causes serious metal & physical harassment to me? please reply as I am waiting eagerly for your kind advice.

Thanking all of you again,

Sanjay

sandeep rane   16 September 2014 at 21:43

Civil suit

Mr. A (Plaintiff) is going to file civil suit for possession of of property in person in the name of A (Plaintiff) with irrevocable power of attorney in favour of Mr.B (son of Plaintiff) who is not an Advocate to represent Mr.A (Plaintiff) in this Suit.
My query for the respectable member is that in the later important stages for e.g. evidence, argument etc. of this suit if Mr.A (Plaintiff to the suit) wants to appoint Advocate in this suit to represent Plaintiff along with Mr.B (son of Plaintiff who is not an Advocate) without withdrawing Power of Attorney.
Is it practically Possible to do that?
Plaintiff think that court will allow this because , More than one Advocate can plead for one party jointly & Plaintiff confused on this that what will happened if court does not allow this ? & if court denied this ,then will this create any problem for plaintiff in future?
Respectable members, Please guide. Do not think it as academic query.
Thanking you.

ajay kumar   16 September 2014 at 19:33

Witness

I have witnessed a legal registered
agreement in front of registrar. I know that
it means that I have admitted that I know
the persons signing the agreement.

My question is that,

1) Does it also means that I have given
my consent to the contents of the
agreement ?

2) Does it also means that I am aware of
the contents of the agreement ?

prakash   16 September 2014 at 19:10

Wii

is their any value for ancestral property will..
if will is done equally in ancestral property will it have any value..