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23 October 2012 at 03:08
CAN WE CHALLENGE THE DOB MENTIONED IN PAN CARD.ITS A HIT N RUN CASE,MACT CASE.LAWYER TOLD ME LESSER IS AGE THE MORE IS AMOUNT DECREED.DOB MENTIONED IN 10TH CLASS IS SAME AND ALL OVER ITS SAME BUT IN THE PAN CARD DOB IS WRONGLY MENTIONED.ITS A HUGE DIFFERENCE FOUND.LAWYER TOLD ME CASE REST ON PAN CARD N AMOUNT FINALLY WILL BE DECIDED ACCORDING TO DOB MENTIONED IN PAN CARD.
MY SPECIFIC DOUBT IS CAN WE PLEAD A CHANGE IN PAN CARD REGARDING DOB.OR TELL ME WHAT IS THE BEST METHOD TO CLAIM MACT CASE.
FACTS----PERSON WHO HIT THE CAR IS NOT FOUND OUT SO WE SENT THE DRIVER OF CAR LEGAL NOTICE WHO IS RUNNING THE CAR IN WHICH DESEASESD WAS TRAVELLING N WANT TO MAKE THE DRIVER A PARTY ALONGWITH THE BANK.
TELL ME WHAT SHOULD I ACTUALLY DO TO CLAIM POSSIBLY THE BEST AMOUNT.
THANKS
Rajan Singla
07 October 2012 at 21:11
Sir,
please confirm can we purchase the LPG from other state against (CST@2%)Form "C" to use in restaurant
Restaurant want to use it for making Food for sale purpose
Shree.
07 October 2012 at 20:18
Dear all,
Police had seeking Police Custody of an Accused for a period of 7 days after remanded to judicial custody and subsequently after remand to judicial custody police filed petition for police custody and magistrate after getting objections from the Accused granted one day police custody with the assitance of his counsel.But the Investigation Officer had not allowed the counsel to meet the accused at the time of police custody and surrendered back the accused before the magistrate after the expiry of one day of police custody.
Further after taking police custody for one day now the Investigation officer had filed revision against the Magistrate Court order to modify the police custody from one day to seven days seeking police custody for further investigation regarding the offences.Further the Investigation Officer had mentioned in the Revision Petition that he had filed second petition seeking permission for police custody but the magistrate had not considered the second petition and it has been unnumbered and till now pending before the magistrate,but no such petition has been presented before the concerned Magistrate after persuing the case records.
Plz clarify
1. Wheather a Criminal Revision filed u/s 397 Cr.P.C for Modifcation of the Lower court order for grant of Police custody for 7 days is permissible?
2.After taking police custody for 1 day whether the I.O can file the present Revision?
3.Already the first 15 days has been expired after remand to judicial custody?
Any case citations regarding these aspects needed immediately?Kindly post your opinion
Rds,
ADV.SHREE
JM
30 September 2012 at 14:28
In a divorce case, petitioner's lawyers have made wild allegations in both main petition and IA but are refusing to back it up with signed affidavit.
My reading of CPC Order 6 indicates they have to. Their pleadings constitute serious perjury hence my request for affidavit.
I am insisting on this verbally but judge is asking me to file WS first. What should I do?
JM
30 September 2012 at 14:18
Ex- had filed 498a, DV and several other cases against all of us.
In 498a, she has mentioned that I had some old clothes and utensils(!!!!) of hers at my home. Nothing else. She had also sent a legal notice about it before the 498a (the legal notice was 1 year ago; the 498a came 6 months later). The list of items accompanying the 498a FIR was blank.
Now, she is threatening to file a 406 one year after the notice. She is planning to use wedding photos and videos of jewellery as evidence. Since we moved abroad after the marriage, none of the jewellery gifted to her by my parents and her parents was with us - we left it with her parents itself. She actually has several lakhs of our jewellery with her for which we have receipts also.
Will the 406 against us stand? Can I use the fact that she is making this belated claim which was not present in the original 498a (which has several other sections included) or the legal notice which includes ridiculous stuff such as clothes/utensils?
mycent
28 September 2012 at 17:27
Dear Experts, kindly enlighten me on the below question -
- My financial online account was tried to be hacked by some unknown persons. I came to know of such illegal activity when I received password reset mail in my email. My question is what will be the jurisdiction in such case, my local area where I reside or the local area where someone tried to hack my account.
Thanks !
-mycent
vinod sharma
22 September 2012 at 19:44
is this possibale that without amending pleadings plaintiff can take alternative plea of his title in a suit that is on the bassis of his previous possession under section 6 of specific relief act ? (if no then sujjest me some lattest citations of supreme court)
lalit
22 September 2012 at 17:10
WHAT IS PAROL EVIDENCE RULE?
IS IT APPLICABLE IN INDIAN LAW?
IF THERE ARE TWO AGREEMENTS WITH VARYING TERMS MADE AT DIFFERENT DATES AND A TITLE SUIT (SPECIFIC PERFORMANCE) IS FILED RELYING ON ANTECEDENT AGREEMENT WHOSE EXECUTION IS NOT DENIED BY THE RESPONDENT, CAN THE PRECEDENT AGREEMENT, WHICH WAS EXECUTED WITH DIFFERENT CONDITIONS BUT NO OBLIGATION WAS OBSERVED AND/ OR PERFORMED, INCONSISTENT WITH THE TERMS OF SUBSEQUENT AGREEMENT BE MADE INADMISSIBLE AS EVIDENCE.
OR SHALL THE PLAINTIFF'S COUNSEL ASK THE RESPONDENT TO FILE A CROSS SUIT RELYING ON THE AGREEMENT ON WHICH HE CLAIMS RELIEF.
eg.
\"X\"-seller and \"Y\"-buyer on 01.01.11 X entered into an agreement for sale(unreistered) with "full furniture" in respect of a flat to Y, for a consideration of 2700000/- with a condition to complete the transaction by 31.03.11. Y issued a cheque for rupees 100000/- as advance money.
X changed his mind and decided not to part with furniture on account of his sentimental attachment.
X returned the advance money cheque on the very next day without encashing the same and took back the original agreement.
both X and Y mutually rescinded the agreement and decided that both were absolved from all obligations and liabilities of the said agreement.
at a later date i.e, on 28.02.11, after fresh verbal negotiation,it was decided between both the parties that X would sell the flat @ rs.20,00000/- on as is where is and without furniture condition.
X executed a deed of sale on 30.03.2011, which carried no reference of any agreement for sale, in favor of Y at an agreed price of 20,00000/-, but the same could not be registered that day as time for presentation was over.
Later X refused to co-operate for registration.
Y approached court for injunction for sale of said property and specific performance of contract, on 118th day from execution of deed fearing that the document may hit limitation under regn act, produced the duly executed sale deed (as document to be relied upon made as per oral agreement dated 28.02.2011) pending registration and was granted interim injunction.
Y has claimed relief- execution and registration of fresh deed or registration of executed deed and hand over of physical possession.
X then appeared during hearing for extension of injunction, and filed a doctored copy of previous agreement for sale (wherein terms "with furniture" have been removed)with objection petition stating that agreed price was rupees 27,00000/- as per agreement dated 01.01.2011 and not 20,00000/- as in deed.X also stated that the agreement for sale dated 1.1.2011 had expired on 31.03.2011 as per clause therein and further claimed that the original of agreement for sale dated 01.01.2011 is with the plaintiff "Y". The plaintiff has denied the same in affidavit in reply.
X has not denied or accepted the execution of sale deed dt.28.02.2011 in his objection petition, rather he has stated that he had gone to registrars office with the plaintiff Y but the registrar refused registration as he found the property to be undervalued. the defendant X has not filed any order of refusal u/s.76 of regn act.court has made the injunction absolute till disposal of suit.
court has further noted that without ad-idem execution of deed was not possible and the defendant himself claims that he had gone to registrar's office with the plaintiff.
Y has the original executed deed of sale dated 28.02.2011,which carries no reference of any agreement dated 01.01.2011, and is duly signed and with finger prints and photographs.
can the court ask the defendant X to file a cross suit relying on the agreement on which he claims relief?
can the court not allow the precedent agreement to be admitted as evidence as it is inconsistent with terms of the precedent and final document?
if at all the court admits the photocopy of the agreeement as an evidence, the onus to prove the agreement lies on whom?
Rajesh dembla
22 September 2012 at 12:55
The dispute arise between me and my distributor on following particular:-
1The cause of action arise on 31.03.2005
2.The complainant(distributor) give legal notice for appointment of arbitrator as per our distributorship agreement on 31.07.2007.In tyhe notice it is mention that cause of action arose on 31.03.2005.
3.WE gave reply to their notice on 23.08.2007 that we are not accept the name of arbitrator in notice.
4.The complainant file section 11 application on 10.10.2007 for appointment of arbitration.
5.The high court appointed retd.justice as arbitrator on 24.07.2009.There was no direction of date for appearing before the arbitrator.
6.The complainant after 2 year 11 months dated 22.06.2012 appeared before the arbitrator along with order copy dated 24.07.2009 for interferance in this matter.
7.We have not appeared in the matter till date and neither he has filed the claim petition before the arbitrator.
Kindly suggest if this matter time barred or not...Pls provide some citation if time barred
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Legality of commission in prpty matters
a want2 sell out n b want2 buy.i m the chain.both side r agreed to award me certain remuneration.a went on2 mk pvt agreement with b.being a chain btwn A & B, C is sidelined.is there any way out to enforce C's right of remnrtn.
if yes den how & if dont then why not?
wat precaution ought C to tk dat he did nt tk and wat kind of undue play of wisdom dat C lacked in this game.
C is interested to knw the know how of buying n selling tactics/machanism to deal in such matters.
C futher want2 knw whr did he go wrong in this game.
enligthen C to further deal in such matters n not only C but entire world is enllightened by the replies on lci mmbrs.
avoid this query if it seems to be academic.
thanks