ss
10 December 2009 at 20:12
In an accident case one scooterist hit another scooterist due to epileptic attack. The scooterist who had epileptic symptom and with helmet died in a hospital. Since the other scooterist survived therefore he was booked under IPC 304-A,279 despite his no fault. The postmortem report did not mention anything about epileptic symptom and opined that the deceased scooterist died due to force impact. Actually, the scooterist who died had no expternal injuries but due to his back head injuries he succumbed his injuries. I would like to know the following:-
1. What is the term "Force Impact" as mentioned in the postmortem report by doctor?
2. Is a doctor while performing postmortem normally looks every aspect/cause of death or follow certain guidelines in accidental cases?
3. Was it not mandatory for doctor to mention about non wearing of helmet leading to his death since the was in back side of head?
4. Related judgement in this regard.
ss
10 December 2009 at 19:59
Regarding suit for possession and damages
My father died intestate suddenly during 1989 leaving a property in Delhi having built up three floors. There are three legal heirs including widow mother. In one of the floor I am residing alongwith my family. My sister wants to grab entire property through my mother for which on her provocation my mother filed a suit for possession and damages against me on the basis of a Will in a plain paper. My father died at a very young age suddenly. In another case due to their ill-intention I had filed a suit for permanent injunction in which decree granted to me and bother the two legal heirs given in writing in the court that they admit my possession and will not try to dispossess me. In view of the above facts, please advise me on the following querries:-
1. Can suit for possession and damages filed against me still have any merits or it will now be rejected automatically by the court.
2. Can my mother is entitled to file the suit for possession and damages against her own child who is one of the legal heir of the property.
3. What are the main conditions for filing suit for possession and damages and what kind of further course of action is required to be initiated by me.
4. Relevant court judgement on the above cited subject matter.
In reply to my aforesaid querries posted on Ist December,2009, Shri Raj Kumar Makkad, Expert had replied my above said querried on 2nd December,2009. In view of his reply I would like to clear the following points as mentioned below:-
1. Is it mandatarily required to probate the Will for claiming suit for possession and damages ? Pl. mention the relevant rules(books) and judgement related on this subject matter.
2. Since the property is on lease against the properties left in East Pakistan and in your opinion the same shall be regarded as an ancestral property, request pl. refer me to the relevant rules/books where the same is mentioned and if any judgement exists in this regard.
3. Why the suit cannnot be filed/maintainable without declaration ? Relevant rules/judgement on this subject matter may be referred to.
Rima
10 December 2009 at 19:20
The Counsumer court has passed an exparte judgment in my favour. However the opposite party appeared at the first date and filed W/V and thereafter never appeared.
Court passed exparte judgment in my favour directing the OP to pay 10000/- as compensation.
I have got the certified copy of the Judgment.
Now what I have to do?
whether I have to send the OP a demand notice along with the copy of the Judgment?
Whether they can appeal?
Whether before allowing the appeal the State Commission will hear me?
Whether caveat can be filed at State Commission?
Gaurav Agarwal
10 December 2009 at 19:01
Is there any service tax implication on a company lending money to another company, trust or any other person?
Harshit Aggarwal
10 December 2009 at 18:32
Hi Everybody,
Plz tell me is there any case in which Supreme Court gives a punishment to be hanged out to a person and the person appealed to president to forgive him (means not completely, but relief from hanged out) and he succeeded in it !!
Thanks in advance !!
Plz. mention the details !!
Devender Singh Rao
10 December 2009 at 17:29
Dear All,
I have already filed an Suit for Declaration(Regarding Validity of Adoption Deed, i.e. Adoption Deed has been done fradulently) on behalf of the person who has adopted the child.At this time the Adopted child has filed an application U/s 125 Cr. PC.Is the trial of application U/s 125 Cr. PC is stayed & under which section, there is any case decided on this matter.Please help me.
Arvind Singh Chauhan
10 December 2009 at 17:12
Sir,
can loan amount be recovered from loanee's gurantor directly? before attaching the property of loanee. Loanee has sufficient property. If not please cite the relevant law.
Anonymous
10 December 2009 at 17:06
My grandfather expired in 1996 without any will. he had 2 son. at that time son A name was registered in the society registered as nominee. Son B was staying in the same flat. Son A has suggested to share the property between A & B. As A was away from the flat B in cooperation of society was trying to sale the flat. However Son A got a injuction order restraining society to transfer the shares of the original owner in the name of Son B. This was around 1997. Now both Son A & B are no more. But Heir of B who is a married daughter has occupied the flat and not ready to sell the flat and share the amount with heirs of son A. Now the society also say that The only nominee is son B and not son A. and will only deal with heirs of son B.
What are the options available with heirs of son A to get their share [Half share as appliable]and prevent the society to do any favour with heir of son B.
Anonymous
10 December 2009 at 16:52
Dear Sir/ Madam,
i come accross a case that my client has booked a flat in a land where only three people has UDS share in that my doubt is why cannot we bound the uds of the land lies under the flat in the sale deed (the Flat is like a individual house)
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Format of Employment bond
Hi All,
I am working as AM-HR in an IT company and I have to create an employment agreement including 3 months training and 12 months service period in a single agreement. As per the agreement if employee breaks the bond he is liable to pay compensation against the training given to employee. Directly company is not spending in the training as it is onjob training but as we are microsoft gold partner so we can get special access to study material that he cannot get from any where.
so please could you provide me the format of agreement and some tips to make it more tricky and enforceable also.
Thanks
Rashee