Civil Procedure Code (CPC)

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Queries Participated

Anonymous   20 August 2021 at 16:13

Withdrawal of slp from supreme court (ancestral property)

This case has been going on for past 45+ years, at every stage there has been appeal. My Grandfather mortgaged a property to his friend in exchange for a loan, which is currently occupied by my uncle and his family. The main dispute is whether Simple Interest is to be paid or Compound Interest on the loan. The SCI made an interim order in 2019 telling us to pay a big amount to them and the issue of Simple/Compound will be decided later. Now, my uncle didn't have the cash so my dad paid it out of his own savings and the other party got it released from the court. The SCI lawyer was arranged by uncle on his own and he is the one in touch with him.

Later, my dad passed away and now when I asked uncle for the repayment, he straightaway refused. He says we also don't have any stake in the house. My question is whether my mom can withdraw the SLP directly through written letter as the Advocate is not ready to listen to us, and request the SCI to instruct the OP to refund the amount as it was paid from her account, citing urgent need for my marriage and younger brothers higher education expenses? She will declare that she has no objection to the consequences for the property.

Is it possible that the SCI will dismiss the application on grounds like wastage of the court's time or any other grounds? Is there any other application to be filed before doing this?

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S.Shunmuga Raja   19 August 2021 at 14:23

Suit

Is it possible to sue two different defendants (husband & wife) in single case / suit (in which one is money suit other one if partition) by same plaintiff, where the cause of action is on ( death of their son - husband of plaintiff) ? If so under what provision and kindly refer some judgments?

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Anonymous   04 August 2021 at 15:28

Revenue stamp on mou on each page .

Please let me know if the revenue stamp of one rupee is mandatory to affix on each page of MOU at the time of signing it.

As far as I know it is not.

Sudhir Kulshreshtha

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ks   15 July 2021 at 10:28

Contempt petition

Dear Experts,

I have filed contempt petition in High Court of Gujarat against my wife who is not allowing child access on pretext of covid since last more than a year. Its a double bench who is hearing. Just wanted to know in case it gets rejected, what remedies will I have ? Can i approach larger bench or Supreme Court is the only remedy ?

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Anonymous   14 July 2021 at 20:09

Lawyers

This website is good.
Lawyers are helping here by answering questions.

But I dont understand that why in many other websites, Lawyers behave like beggers.
They reply with Dear Sir/Mam and then beg for ratings.

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Anonymous   11 July 2021 at 03:29

Notarized instrument

Madam/Sir,

Is it possible to get a copy of Power of Attorney which is duly notarized? Original POA is lost. It was a GPA

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Anonymous   30 June 2021 at 17:50

Hc passed order while keeping applications pending

Hello,

High court has dismissed our criminal writ petition, without considering applications filed for placing on record some important documents and taking those documents/annexures on record. Both the applications are still pending and one of them still shows a next date for hearing, even though the main matter was dismissed.

The applications contained important documents such as letters and memos of the state government explaining the rules and the law regarding the matter, to the competent authorities.

Due to the applications containing such vital information, there has been gross injustice to us while deciding the writ petition.

What should we do? Should we file an SLP in the Supreme Court asking for a direction to the High Court to hear our matter again, while considering our still pending applications and taking on record the annexed documents in the applications?

What if the Supreme Court dismisses the SLP? Would we have any legal recourse after that?

Sorry for being anonymous, but it is important.

Thank you.

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Anonymous   27 June 2021 at 21:29

What type of deed is ti be made

The property is in the name of my mother and father. Both have expired. No will or other deeds are made. We are 4 legal heirs. All had made a mutual consent to give the property to me for some some money for their share. What type of deed is to be made and get the property transferred to my name.
Please suggest.

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N.B.Lal   18 June 2021 at 13:42

Writing of will

How can I write a valid will in India in case I don't have any witnesses available.

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RM SHARMA   14 February 2021 at 11:42

Mutual divorce

Dear Sir,
My son is discussing terms of settlement for a mutual divorce with his wife. A point has come up that if she remarries, will my son continue to pay for children's expenses and education including college education? Kindly advise.

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