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Charanjit   20 August 2015 at 11:25

PhD vs UGC NET

Is it legal to assign marks to candidate having NET only and the candidate having both I.e.NET and PhD?

Muthulakshmi   20 August 2015 at 11:16

About order copy for divorce case

Sir/Msdam I got divorce on june 1 i cant get order copy till now.i need this order copy for exam.my lawyer yold me that we can get copy only after finished of 100 cases.is it true.kindly suggest me.
For age relaxation i can use this divorcee option..

Kumarsirik   20 August 2015 at 11:12

Settlement of civil suits in lok adalat

Dear Learned members

This entire suit of cases pertain to failure of considerations on a land deal and subsequent dishonor of cheques issued against the purchased lands.

These suit of cases have come up for a full and final settlement in the respective courts of law

My query related to dishonor of cheque is put up for your advise in one of my queries, subject line being "Section 138 NIA Settlement at Lok Adalat"

In this query I seek advise on precautions to be taken with regards to settlement of civil cases.

The accused purchased land from me and had given it for development with a promise that a certain number of flats shall be registered to me as payment towards purchase of lands. Subsequently, when the construction completed he defaulted. He sold one of the flats that was original promised to me. I requested him to hand over the other flats and the monetary consideration he received with the hasty sale proceeds. He did not comply.

We had no option but to file a suit demanding justice.

There are other suits filed by my sisters, who have ownership on the earlier transacted land. This was only to put more pressure on the obstinate respondent of the case.

Now, the party has come for settlement before lok adalat. He insists that we draft and MOU and then file compromise notes against each of these cases and withdraw them. Against each case he would give me certain consideration of what he is due only after the case is withdrawn.

I had my doubts on his authenticity as he seemed to have a legacy of defaulting.

I wanted him to give the consideration agreed in MOU for each case before I withdraw the case. My concern is he may default again after I withdraw a case. Hi fear is that I may not withdraw case after he gives me the consideration.

This settlement process hit a roadblock with neither of us yielding to the others' approach.

I thought there should be a standard approach towards such settlements.

Thousands of such cases being dealt with in Lok Adalat would have a similar stalemate kind of situation.

I wanted to know how these situations are usually handled.

Muthulakshmi   20 August 2015 at 11:10

About order copy for divorce case

Sir/Madam I got divorce on june 1 i cant get order copy till now. i need this order copy for exam.my lawyer told me that we can get copy only after finished of 100 cases.
As you suggest me i went to apply for order copy but they ask a no abjection letter from my lawyer.is it true.kindly suggest me.

Kumarsirik   20 August 2015 at 10:51

Section 138 nia settlement at lok adalat

Dear Learned members

This entire suit of cases pertain to failure of considerations on a land deal and subsequent dishonor of cheques issued against the purchased lands.

These suit of cases have come up for a full and final settlement in the respective courts of law.

I shall address the cheques issue here and in another query will explain the other cases and the advise I require.

The accused approached for settlement to be executed at Lok Adalat. He informed magistrate about his intent. I consented in the court.

I presume there is a 15% fee to be paid for settlement at Lok Adalat. So the counsel on behalf of accused suggested we close the case unconditionally and without any payment, as would be stated in the compromise note, only after drafting an MOU . The MOU would state that the accused shall pay me the amount he is liable to pay, while, in front of the Lok Adalat we appeal for withdrawal of the case condoning he accused.

Is this a safe procedure?

Secondly, the accused insists that the case be withdrawn first and only then the amount shall be paid. My fear is that there is a possibility he may violate the terms of MOU.

What is the course of action under such circumstances?

Is there a safer approach to handle the settlement procedure? It is also possible that the accused and his counsel my be hoodwinking me by overwhelming with lot of legal intricacies that are not within comprehension for a layman.

Praveen Mittal   20 August 2015 at 08:32

School admission

is father's name required in school admission for a child ?

Ravi kumar M   20 August 2015 at 05:48

agreement for sale

A registered sale agreement with fixed time was cancelled through a written letter sent by purchaser to seller after fixed time of agreement without doing cancellation at register office.Advice wheather the agreement still subsists due to non cancellation at register office and can seller after acknowledging letter can finalise sale to any other person

S Singh   20 August 2015 at 04:18

Does limitation allow me to file a 2nd case at consumer court?

Cause of action accrued on 24th May, 2012,
I filed suit in a Civil Court on 10th May, 2014,
unfortunately the suit got dismissed due to non payment of Court fees on 17th August, 2015.
Now I don't want to continue with the suit, but instead want to file a case in Consumer Court for the same cause of action.

Does the limitation period allow me to file a case in Consumer Court today i.e. after passing of 2 years of cause of action?

Can filing of my case in Consumer Court today be considered in time as I had initially applied for the suit in Civil Court in time and time has therefore passed by without my fault?

Is the time spent upon litigation in Civil Court be excluded in calculating the limitation period?

Javed Aslam   20 August 2015 at 03:54

Second marriage without divorce

Hello,

I am asking this question on behalf of my sister who has been married to a muslim state govt employee of West Bengal since 3 yrs, the marriage being a nikaah and has a 6 months old kid. Now her husband wants to marry another girl without giving divorce to his first wife I.e, my sister.
My question is can a muslim state govt employee marry a second time without giving divorce to his first wife where the first marriage was a nikaah ? And if so can the first wife take any legal action against him on doing so and how ? What can be the consequences of it, what kind punishments can he get ?
I would be very grateful for your kind reply

Javed Aslam

deepika   20 August 2015 at 00:07

After fir what

We have a joint property in Jaipur which was on the name of my father and uncle. My father was a minor when the property was bought and grandfather was his guardian.after my father expired a will came into picture in which he gives the property to my older cousin ,but my mother can use it till she is alive.my uncle made a will and give our property to his younger son.now when my mother claimed she was thrown out of the house ,presently she is staying with me.we are three sisters and I am the oldest.when I lodged the FIR my cousin promised to vacate the property which he did but later broke our locks and presently he is staying there.my mother is 63 yrs old .what is the legality of this case and I need the best lawyer who can tackle this .pls reply