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anupam sharma   25 August 2014 at 11:06

Exihbit different from annexure to plaint


That the plaintiff while filing the suit has attached a photo copy of WILL purportedly executed by deceased as Annexure P-1 with the plaint. Now while Exhibiting the documents to prove his pleading regarding the execution of WILL the plaintiff has placed on record the original WILL as Exhibit P2. A bare perusal of these two documents Annexure P-1 and Exhibit P2 reveals that these two documents are not the one and same but are two different documents. Exhibit P2 is not the original of Annexure P-1 as the signature of witnesses are different on Annexure P-1 and Exhibit P-2.

That the Plaintiff has placed on file two different WILLs/documents pertaining to WILL dated 29.06.2008 as Annexure P-1 and Exhibit P2. Thus, Annexure P-1 and Exhibit P2 which should have been same are different documents in nature. Now, the question arises that the actual will is primary evidence then would both annexure P-1 and Exhibit P-2 be deemed as secondary evidence when only one will is annexed with plaint (though now the plaintiff claims that there were two copies of original wills whereas nothing about two copies is mentioned in either plaint or evidence or cross examination?? Does Section 340 Crpc Apply here?
What should defendant do about it??

mahesan   24 August 2014 at 19:45

Arbitral proceedings

Arbitral exparte award passed 4 years back. Petitioner filed Execution petition for attachment. Immediatly respondent filed application for setaside the arbitral award. Execution petition is maintainable in this stage. Any citations infavour of respondent?

khusboo verma   24 August 2014 at 18:15

Expert help

One of the leading bank is having lease agreement with widow z entered in year 2002 for a period of 5 year renewable after every 5 year if each and every conditions are satisfied by both (commercial property) to run a branch .She died in 2011 now bank refused to pay rent/consideration to her son asking her son to bring the ownership proof? Plz suggest what he can do now/what legal steps he can take?

Vishal jain   24 August 2014 at 11:48

Query regarding divorce

under divorce proceedings...mutual constant

1st motion already done.

girl not coming for 2nd motion for past one year.

is there any way to find the girl, where she is residing these days, as she is not living with her parents for the past one year.

what if her photograph posted on INternet to find her... whether there is any harm in this..

vallimanalan   24 August 2014 at 11:12

forged signatures in account opening form

I opened an account with a share broking company (ventura securities) an year back. I found some unauthorized transactions in it. On enquiring I was given a scan copy of my account opening form. I never filled or signed the form. Signatures were forged in it. How should proceed legally against them?

Vasu Moottu Kuzhiyil   23 August 2014 at 23:34

Transfer of case from one high to another

We, 4 retired Railway/IRCTC employees have filed two WPs ( Nos 8182/10 and 8328/10) in AP High Court. Out of 4 of us, I am permanently settled in Kerala and 3 others in AP. The WPs are pending for last 4 years without a single hearing.
The cases (interlocutory) were last listed on 6-02-14. It is not being listed subsequently. According to our advocate, the present Judge who supposed to hear our cases, refuses to hear old cases and allowing only new cases for admission.
We have already changed our lawyer once due to his inability to expedite our cases. The second layer promised to get the verdict in 6 months when he was entrusted the case 2 yrs back. Meanwhile ,he became one of the new judges appointed in the AP
high court recently i.e in 2013. After second one became judge, these cases are entrusted to his junior who deals our case now. Inspite of filing Misc petitions asking for urgent disposal of cases due to our position as retired Sr Citizen as well as ailing ( even bedridden)from different age related diseases, our WPs never reaching to the Judge for hearings. As the assigned Judge is not inclined to hear our cases as he allow only new admission cases, whether we can ask the Registrar to transfer our cases to Cuttack High Court as the Regional Office of IRCTC and Zonal Offices of Railways are situated in Orissa.. The Zonal Head Qtrs of IRCTC is in Kolkata, as such, whether we can ask for transfer of our cases to Kolkata, because, our cases are unlikely to be disposed off by the present court while we are alive .
We are unable to approach 4 th layer in AP ,because there is no guarantee that 4 th advocate would not follow suite.
Even though both cases are interlocutory, I am the only petitioner in WP 818210 . Is there any possibility to get this case transferred to Kerala high Court, as I Am now permanently settled in Kerala ?
Whether I can approach supreme Court for transfer of our/my case to Cuttack/Ernakulam(Kerala) or Kolkatta ?

KmeduVishnu   23 August 2014 at 17:17

Arbitration award - pendente lite interest

Dear Experts,

In an Arbitration Award, the Arbitrator has held that, "However I am inclined to make any provision for any pendente lite interest".

In this regard, upto my knowledge I tried to understand that the Arbitrator has denied pendente lite interest for both "Pre Award Period" and "Post Award Period".

Whether am I correctly understand these aspects.

Kindly clarify this issue by the learned Experts.

Thanking you in Advance.

sreedhar musipetla   23 August 2014 at 12:43

Maintainability of a suit

A partnership firm has been dissolved. whether a suit for recovery of amount against the dissolved partnership firm represented by its managing partner by another partner is maintainable or not? Please inform a Supreme Court Judgment suitable to this case.

e form   23 August 2014 at 11:50

Possession

how many types of "possession"s on land? with definitions?

Advocate@Law Field   23 August 2014 at 11:28

Consumer protection act

I want to know whether the application filed by the Complainant to pass the Order stating "No say"for filing WS and same is granted then what is the remedy for the Opposite Party ? Appeal u/s 15 ? or Review ?