Anonymous
06 February 2010 at 23:12
Lrnd. Experts,
There is a small and very backward district town of Jharkhand, where no of cases pending is very high. Also there is so many posts are vacant in the court, since last 4 – 5 years. One Sub Judge is in charge of CJM court, and is overburdened also looking after “lok adalat”. All of the judges are overburdened. Condition is very chaotic. Litigants are very poor. Reasons for so many cases are the rouge/corrupt govt. officials with little knowledge. I want the vacant post should be filled as soon as possible, for that where should I write as a native of that place? Is there any NGO which provides legal assistance to the poor, and can open the office here?
Thanks.
Soma
06 February 2010 at 22:44
My client are the legal heirs of deceased land owner of an apartment.
Bank had taken One of the top floor flat under SARFAESI Act and land owners raised no objection as they thought that it was mortgaged to Bank.
Subsequently they found that the same flat was not sold to any body by their father, never, and it was not mortgaged to any bank. Actually the ground floor flat is mortgaged to that bank by its owner. Which was sold. But the bank has taken possession of wrong flat.
Now the bank has published sale notice in news paper but no notice fixed on the property. Notice published on 06.01.2010.
Whether sale proceeding can be stopped?
Under what provision of law?
What is the limitation period?
Anonymous
06 February 2010 at 21:44
I need guidance as to
1, Is A college also entitled to follow the labour laws?
2, wht can be done if the college is not folowing the working hours and is not ready to change either.
3, is there any organisation or forum that can help keeping the individuals confidential
Anonymous
06 February 2010 at 21:37
Dear Sir,
Can a property be sold on the basis of General Power of Attorney which is only obtained form Nortary? /What is its legal standing? is their any procedure to make this document more authentic/formidable in the eye of the law?
Anonymous
06 February 2010 at 21:34
Dear Sirs
Can a Cenral Government servant head a religious organisation on honorary basis?
Whether he/she will attract the provisions of relevant conduct rules==kindly elaborate- if possible give excerpts of Court judgments.
Anonymous
06 February 2010 at 21:31
Dear Sirs
Can a Cenral Government servant head a religious organisation on honorary basis?
Whether he/she will attract the provisions of relevant conduct rules==kindly elaborate
M Ravinder Babu Advocate Parka
06 February 2010 at 21:31
DECEASED DIED WHILE IN SERVICE,HAVING TWO WIFES.
First unemployed,having major daughter.
Second WIFE working as conductor had a son now(after death of deceased)became major.
Though providing job in harness to the diseased employ family as matter of right the department is willing to provide job.
No understanding between wives of deceased like wise the children.
1st wife daughter completed 10+2 and appearing degree final in distance education.
Second wife son now in 10+2 final.
both are willing for jobs.
Who are the fit persons to get job as per law.
Anonymous
06 February 2010 at 20:59
Respected Experts,
I need comment on the following
That Plantiff and respondents have file their pleadings which have now been completed.Please suggest tips on final argument
Whether I should start the case with briefing on the facts before the magistrate/judge
such as facts of the case
reply made by the respondents
Issues arises
Arguments with citaions
OR
directly over Issues with Arguments with citations only
Please provide information in detail
Rekha.....
06 February 2010 at 20:57
Dear Sirs/Ma’am
V need ur urgent instructions and guidance for this matter.
V r not mentioning the names of our clients here. Our Clients are A and B
A and B are appointed as Asst forest ….Van Rakshak Sahayak in August, 2009. On 6/01/2010 they were on duty n received information on phone that one track bearing no. MH 18……… illegally transporting the “ SAGI WOODS “ and coming near the client’s area i.e. Vansda from Chikhli. They immediately taken action against the said truck and stopped the truck n by following the procedure they asked driver to get out from the truck. Meanwhile driver managed to escape from the truck n ran away.
Mr. A was only near the truck n Mr. B was following ,after suspicion, the guy who had taken 2-3 rounds around the said truck , to inquire that y he is following the truck. The guy had Violent altercation with Mr. B and beats him every where on the body in a such a way that Mr. B hospitalized for one day. Mr. B called his officer to file the FIR for the same but Mr. Higher officer asked him not to go for FIR n he was also out for training.
After this incident, up to 31 January the news was published in every local paper in favour of Our client. But on 1st Feb,2010 our Clients received “ Dismissal Letter “from the Forest Department n reason was “ negligence during the duty “ . From 1st feb all local news papers reported negatively and false facts that our clients are involved in the misappropriation of cash n mentioned the allegation of hiding “ SAGI WOODS “. Forest Dept has not given the opportunity to present their case. Taken Statements of our clients V seen that statement was found correct in favour of our client.. N Departmental Inquiry is going to be held in a very near future. How n Y they sacked our client???????
Please Guide us, instruct us, Inform us…V know whole Forest department of the region will affect. Any more information required plz inform us immediately.Pl. Pl.Pl.
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Discrepancy in father's Will
I want a clarification about a Will.
Please advise me on my below query.
**************Beginning of Will*****************
This is the last Will and Testament of me, Mr. Jude Mendonca, son of Mr. Jaison Mendonca. I am a 75 year old Indian Christian (Roman Catholic) residing at Padil, Mangalore City .
1. I leave behind the following:
a) John Son
b) Peter Son
c) Walter Son
2. I leave behind the following assets.
Immovable property consisting of two plots, plot A and Plot B in Padil, Mangalore City
Plot A: 5 cents in Survey No. 245/43
Plot B: 5 cents in Survey No. 245/89
3. My son John has helped me financially always in the past. Hence I have decided to give John the first Plot A. The remaining assets I have decided to bequeath to my other two sons.
Accordingly I bequeath my property as hereinafter stated.
4. I bequeath my property as follows:
a) I bequeath to my son, John the Plot A.
b) I bequeath my remaining property consisting of the Plot B to my two sons viz. 1. John and 2. Peter.
5. I appoint my friend Domnic D’Souza aged 35 years, son of Elias D’Souza residing at Padil, Mangalore as the Executor of my Will.
I am a totally illiterate person. But I have executed this Will after it was prepared as per my instructions and translated to me in Konkani a language known to me. I am of sound disposing state of mind. The under mentioned witnesses have attested this Will in my presence and in the presence of each other today, 24-June-1995, at Padil, Mangalore.
Left thumb impression of Jude Mendonca
Witnesses:
1. Mr. Ronald Mascarenhas, 48 yrs, Joe Villa, Padil, Mangalore.
2. Mr. Simon Pinto, 52 years, Ferns Cottage, Padil, Mangalore.
**************End of Will**************
1) The above is an exact copy of the Will made by Mr. Jude Mendonca, who has died.
2) As per the Will, there is no dispute about Plot A. Plot A will go to John.
3) The dispute is about Plot B.
i) According to John, Plot B should go to John and Peter as mentioned in Clause 4b of the Will. (Walter should get nothing).
ii) According to Walter, Plot B should go to Walter and Peter as the testator’s intention about Plot B is very clearly mentioned in the Preamble in Clause 3 of the Will. (Hence I have decided to give John the first plot A. The remaining assets I have decided to bequeath to my other two sons). The “other” clearly excludes John as a legatee to Plot B and the testator has inadvertently put John’s name in Clause 4b (instead of Walter’s).
5) I was going through the Indian Succession Act 1925 and found the following:
Section 76: Misnomer or misdescription of object.
(1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect.
(2) A mistake in the name of a legatee may be corrected by a description of him.
Illustrations
e.g. The testator, having six grandchildren, makes a bequest to "my six grandchildren" and, proceeding to mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name is not mentioned will take a share with the others.
6) Based on my layman interpretation of Section 76 of ISA 1925, the Plot B should go to Walter and Peter as the testator’s intention is absolutely clear in the Preamble in Clause 3 of the Will.
7) Please get back to me with answer to the following query:
(i) Should the Plot B go to John and Peter?
Or
(ii) Should the plot B go to Walter and Peter?