pratik
01 August 2010 at 23:51
1) Respondent is a resident of U.S.A and petitioner ie wife files divorce in india.how can the respondent cleim that indian court has no jurisdiction?
As per which section & case laws ?
2) Difference between overriding effect & notwithstanding. Also meaning of it with the example. Which one is more benefited while drafting an act or law.
3) Can anybody tell me which act has overriding effect of other law or act any site or book .
Thanks In advance.
pratik
01 August 2010 at 23:44
1) First of all in DV Act case, notices are issued and not the summons. As per which section.
2) As per law whether it is better to send the notice or any letter to the opposite party or court if not mention in any law to become a valid evidence as per the indian evidence act. The notice or letter should be send by Registered Post, Speed Post Or Ordinary Post which one is more benefical to prove as per the indian evidence act.Also which section or act says that if no act or law says that the notice should be post with the registered post or any other kind then which one should be applied for evidence as per the india evidence act.Any case laws.
Thanks In Advance.
pratik
01 August 2010 at 23:34
1) while case is going on & the audience sitting inside the court & if the advocate thinks to bring anybody how is sitting in the audience wants to bring to the witness box than advcoate should file a petition or not ?
2) Difference between judicial separation & divorce because i have come to know that if the court passes the decree for judicial separation then the remarriage is not possible in the whole life time of both husband & wife.Also i have heard that they can't have intercourse also if they meet in once a year & if they wish to have. As per which section or case laws it says that they can't remarry again. & intercourse is not allowed.
Thanks In Advance.
GOD BLESS U ALL.
Anonymous
01 August 2010 at 23:26
Ld counsels,
will the family court frame issues in all cases before taking up the case for trail.
It appears that the procedure laid down under order XIV of CPC is not followed in all cases, however is there any chance that the court will refuse to frame issues even if either party to the suit files an IA for the same.
Please clarify.
jagadish
01 August 2010 at 23:25
please let me know my mom is the second marriage to my father, all the property stands on my first mom name. but my mom the own sister of the first wife can i claim the property
Anonymous
01 August 2010 at 22:57
A person is doing share trading business. He is not a broker nor he does any share broking business.
this person trades over phone or internet through his home.
Now the society is raising objection that the person is making commercial use of his property. Pls note. This person is not having any board on his flat. Further the person carrys business on his personal name no, firm etc.
How should the person deal with the society.
M.Swaminathan
01 August 2010 at 22:24
Kindly give expert advice to my legal problem:
Though Munipality had issued water connection sanction way back in 2005 I am not issued the work order and water connection is not given to my building. I had filed a Writ before high court of Madras to issue directions to issue work order . Orally the Public pleader representing Municipality says orlly to the judge that I do not have proper sanction and hence water connection is not given.Iconstructed first floor in 1996. I applied for a residential plan but soon after construction been using the building for commercial purposes. I sent a letter to municipality stating that the building is used for commercial purposes and to assess the building at commercial rates. I have paid tax uptodate .Municipality has not questioned the usage all these years for commercial purposes.In 1999 I applied for further building plan first for residential purposes but later due to site exegencies submitted a modified plan showing correct usage of building in Feb 2000n showing modifications proposed. Municipality did not dispose off the modification request though they acknowledged receipt of the building plan request. After waiting for statutory 15 days time I issued a notice again I am using the building for commercial purposes aand going ahead to complete the building as per modifications.( the said modification request is not disposed off by Municipality) After completing the building Municipality issued a demolition notice which was dismissed in 2005 indcated under the Municipalities Act and sent a notice to Muncipality that in view of the modificaition plan request is not disposed off I am procceding to complete the building as per the modified paln submitted to Municipality. The said modification request is not disposed off till date.
In the mean time Municipality instigated CMDA ( Chennai Metropolian Developmentauthority) to issue a demolition notice I filed a writ and I obtained "Status quo" order and it is still in force.The point of put forth by me in the Writ was deemed sanction in view of non disposl of the modified plan submitted to Municipality within mandatory period. Since the matter is coming for hearing shortly within 4 days , indicate the judgements that could be quoted and the line of arguements to me made by the advocate to get favourable orders for issual of work order to get water supply.
Sent to : Admin on 31 July 2010
dubey.umashanker
01 August 2010 at 22:13
sir
i m very thank full to u that u give such attention.
background of this quarry is .
a person M is traveling in a auto.the driver of this auto driving the auto very rashly.auto was getting an accident&fall on road. the person M was died on spot.legal hair of person M file claim petition.on the stage of evidence insurance company produce an evidence that such vehicle was traveling in out of permit area so we r not liable for compensation because it is breach of policy.this was on the stage of argument. so plse u provide SC or ALLHABAD HC DECISION ON THIS point that insurance company is liable for such compensation.
Anonymous
01 August 2010 at 21:14
What is the procedure to initiate legal action against a Chartered Accountant, for not mentioning categorically in the Auditor's Report about the conduct of the
Apartment owners' Association Managing Committee.
for e.g. The CA writes "In my opinion, proper books of accounts need to be maintained by the Association as required by the law has been maintained".
What are the steps necessarily to be followed to book the CA for his irregularities/manipulation under his zeal and signature, if found during and prior to AGM?
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Memo is a temperory .
Either you can file a vakkalath or memo of apparence. Memo is a temperory arrangement. & If Memo is filed than vakkalath can be filed later there is no need to file a vakkalath if the memo is filed. Which section says the above mentioned ones.
Thanks In Adavnce.