a.manoharan
08 September 2012 at 02:58
Please discuss the Difference between Claim Petition and Plaint under CPC and their legal consequences ? After Claim Petition was ordered in another suit, for the same thing , can the suit be filed?
j.r.kota
17 December 2011 at 15:50
Dear Sir,
Can an advocate file a plaint bsaed on a vakalat given by his client to represent him in a court of law?
Iam of the view that the vakalt given by the client to the counsel is only to reprent him in the proceedings once a case is instituted in a court of law.
In other wards the plaint signed by the counsel instead of the complainants- is it a validly instituted proceedings in a court of law?
Regards
j.r.kota
parkash chand rana
10 December 2011 at 20:58
Is there any authority/ judgement of any court which covers the cases wherein the following proposition falls:-
one accident took place and the driver of the govt bus was booked in the matter and facing trial and his DL was seized and attached in the judicial file thereafter another accident took place by the same driver but this time the DL has already expired but later on the same was got renewed but after the expiry of one month's grace period.
is there any authority which cover this case and saves the driver from his liability to pay compensation to the claimants.
Please mail the same to me if any on the point at my mail address "adv.p.c.rana@gmail.com" or "advocatepcrana@gmail.com" at the earliest.
ks_8080808
10 December 2011 at 20:56
I got married in the month of july 2011 in a hotel as per hindu marriage and marriage was conducted by pandit. But after the marriage nothing went right:
1) From the day of marriage to till today she don't allow me to come closer to her and don't allow me to even touch her. Hence there is no physical relationship yet with her.
2) We went for honeymoon but in honeymoon she don't even wanted to talk to me and always was busy in messaging to her friends.
3)After honeymoon period ( about 20 days) she went to a different city ( she works there) and don't even pick my phone calls and also don't reply to my missed calls.
4)Her parents also stay in the same city where i stay. She use to come to her parents house but don't come to my house.
I ask her alot why you are doing all these things but she don't reply any thing or some times she says it will become alright. But 6 months have passed and nothing changed. We did not live together for more than 20 days ( only during our honeymoon period).
Her parents as they are also staying in my city, use to ask her about her behaviour and sometimes they use to scold her. But still she did not change her attitude towards me. Once she told me that she was not ready for the marriage.
Her parents use to talk to me initially but now they have also stopped talking to me for the past 2 months. I think they also lost hope.
Actually in my case i don't know why she is doing all these things or why her behaviour is like this. I also took her to two different councellors but they also failed to understand her behaviour towards me.
Now i am thinking to take divorce but i want to know that since i have not completed 1 year in marriage can i get divorce immediately? If yes then how?
Is out of court settlement possible?
Regards,
ks
sudhirghabasu
03 December 2011 at 23:49
hello sirs, my heart felt wishes to all our LCI panel of experts.
Query:- My client's father had purchased a property in his wife's name i.e my clients mother's name. my client's mother is a house wife she did not have any source of income. My client's father had died intestate in the year 2000. he purchased the property in his wife's name in the year 1984 by way of a registered sale deed. Along with my client there are other legal heirs i.e. 2 sons and 5 daughters. My client is the last daughter. Now my client's mother is trying to settle the property in favour of her sons. In the five daugheters 3 of them did not accept for this. Now my query is, though the sale deed stands in the name of my client's mother the same was purchased only with the income of my client's father, my client's mother did not have any source of income. At the time when the sale deed was excecuted my client and other heirs were minor. Whether i can file a suit for declaration and permanent injunction against my client's mother to declare that my client's and other legal heirs has right in the property and pray for an injunction no to alienate the suit schedule property. Whether it will be maintainable or else what is the way which i should follow to get remedy for my client. Because, my client's mother is ready by all means to settle the property in favour of her sons. Also suggest me some citations. Thank you.
Arvind Singh Chauhan
03 December 2011 at 22:29
Please seniors provide the limitation period for seeking injunction to stop nuisance.
Anonymous
03 December 2011 at 21:45
If foreign national gets marry to an Indian national who is an goan as goan portugues law then whether she has to surrender her foreign nationality passport n visa ? Whether she will lose her birth foreign nationality?
Anonymous
26 November 2011 at 07:04
Plz check the document.
Anonymous
25 November 2011 at 06:09
LACUNA OF COURT PROCEEDINGS:
1. Anybody , appear as accused instead of Mr. XYZ, is marked as present. Because there is NO PHOTOGRAPH of accused, or any parties to proceeding! [ Only photos of Bails ]A Party present are also marked absent ! Who challenges? what happened even if you complain?? It is happening in thousands of Indian courts, daily.
2. No System to give in writing the next date. Roznama is written and signed usually at the end of the day by court clerk, and signed by Judge. No audio or video recording of what is stated, which next date is given, and whenever managed, they changed date, show absence of one of the party, victim of this procedure, and get either ex-parte order or No SAY order and confirm it next date showing the Victim Party is absent when called.
3. Many of Oral Arguments are not noted by presiding Judge, and ORDER Passed on it. Though it is taken care of by submitting Written Arguments, Oral arguments of value are not on record.
4. During Oral Examination of parties and witnesses, Yes to No ,& small alterations of Evidence , shift the entire case from Winning to Losing. Even clerk, when managed, can do it, and Judge do not read it detail before signing, nor is it read out & signed by Witness.
5. Police Panchnama, Criminal Witnesses changes their statements , and Police too, do not Video Record Statements in Police Station, or in Panchas. It all lead to injustice, hostile witnesses, acquittal of Criminals, Lots of Wastage of Time of Police, Court Proceedings, and it all became a mimicry, a Drama of Criminal Proceedings, a Criminal goes out of Court Laughing at Legal Proceedings.
6. Now a days CC TV, PC Camera c Video is so cheap, may not cost even a Rupee per hour, and I am sure, the Litigant will share this cost to get it's Recording,ensure better Judgement, and control corruption, managing the Court, Judges, Police, Witness, Court Clerks, Missing Files, False Records of Presence or absence of Litigants and accused,
I strongly believe, these CC TV , camera audio & Video Recording be freely allowed, and Record be maintained of all cases in all courts. . The cost is negligible compared to the benefit.
Your Opinion and observation in Courtroom, most welcome.Let us improve our Judiciary in the interest of Justice. Let truth Prevail.
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Legal heir of a property
My wife had two brothers and three sisters. Two sisters and both brothers died. One of the brother have three female and one male children. All are married and settled. The other brother did not marry. He own an house in his name. He has not written any WILL. I want to know who will be the leagal heir of that house.