Mayank
19 June 2015 at 18:55
Hi,
I am currently going through a divorce and one allegation against me is that of impotency and psychological impotency. I am yet to file a reply to the Petition. I have got my medicals tests done from a private hospital which are normal. my questions as such are.
a) The Penile Doppler test states that it normal and that the PSV and EDV factors are well within range. Do I need to explain the meaning of the test to the judge and also provide any medical articles written to support my medical test.
b) Is there any medical parameter that needs to be highlighted or simply stating that the report is normal will suffice.
c) Is there any other way in presenting this medical report.
Bala
19 June 2015 at 17:50
Dear Sir/Madam.
My father recently completed the sale deed on my name. I live in overseas . My question is how I can get a patta transfer from dad's name to my name and whether it is possible to get it done without traveling to india. Please suggest .
manoj
19 June 2015 at 17:48
my marriage solemnize in 2008. there was two members in my family me and my mother and she is illiterate. my father in law made help me to print wedding cards of my side and typed wrong information about my educational qualification under my name in card.( b.tech while i was doing bio-tech which was b.sc degree left after 1st year and taken admission in other graduation program).when card came to us after printing we both argued about it and finally the apologize it, we through out most of the cards from my house.but he kept some card for reference to print his side cards.we were ready for it. unfortunately he typed same mistake again in his card( b.tech not bio-tech).that time it was mistake from his side.
after 3 years of wedding my wife left my house and after 3 years of separation my wife filled 498a, 125 maintenance, dv and i have applied for divorce suite. now she admit same wedding card for interim maintenance and giving me warning to file another fir 420 if i denied this info about my qualification.
will you please help me.
rahul
19 June 2015 at 17:26
Indian Limitation Act 1963 gives no provision to condone the delay in filling of Suit & Section 3 of Limitation Act make it is binding on the court to dismiss the suit even if limitation is not set up as defense.
1. Therefore, Indian limitation act makes it compulsory for the person to file suit in time frame given by the limitation act. but
2. Along with this, it is settle principle of Law that “ Law can not compel a person to do an Impossible Act”.
3. Section 151 confers the inherent power upon the civil court. It cannot be resorted to deal with an application for which there is a statutory provision. Thus, it is only in exceptional circumstances where there is no other remedy available under any statutory provisions section 151 is attracted.
Section 151 : Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
Section 151 is used by court
a) for the ends of justice or
b) to prevent abuse of the process of the Court.
There is clear statutory provision in limitation act in respect of a situation where person in ordinary course (when it was possible for person to approach the court) fail to institute suit in time given by limitation act. I.e. Suit will 100 % will be dismissed as it has become time barred.
But limitation act is silent in respect of exceptional situation wherein it becomes impossible for the person to approach the court for filling suit within the stipulated time as per limitation act. In that exceptional situation filling of suit becomes an impossible act for the person. Hence person could not file suit within limitation period given by limitation act.
For the exceptional situation, I am giving you a hypothetical example:
Suppose Cause of action has arisen for Mr. A to file suit for possession but unfortunately Mr. A met with accident & go to coma for next 40 years & awake after 40 years.(rare situation but think about Aruna Shanbaugh case) .
But Now after 40 years, Mr. A filed suit for possession. Suit is timebarred as limitation period for filling suit for possession is maximum 12 years.
Question is
1. Can Civil Court exercise its inherent power u/s 151 of cpc to condone the delay of 28 years in filling of suit for possession for the ends of Justice ?
2. If No, Then kindly be pleased to give reason because why it can not be done when there is settle principle of Law that “ Law can not compel a person to do an Impossible Act”.
Thank you.
This is not an academic query, Hypothetical example is used to understand the seriousness of exceptional situation which is beyond the control of the person.
Member (Account Deleted)
19 June 2015 at 17:02
Dear Sirs,
I married my wife sister .now we are staying Together. As I know as our Hindu Law it’s Illegal ,To avoid this problems in future can you advice to me.
1. I married my wife sister with the permission of my wife. And our relatives due to Personnel problems.
I want to know against me who can eligible to complaint?
To avoid this what is the safe guard to me?
Regards
Haresh.
rajan chopra
19 June 2015 at 16:55
Sir in a suit for recovery filed by me the defendant filed affidavit in his defence and was cross examined by my counsel.In answer to a question the defendant denied signatures on w.s and vakalatnama also besides other documents such as pronote,stamp paper and admitted signatures on affidavit and summon only.The judge after hearing defendant's denial of signatures on w.s and vakalatnama asked defence counsel wheather the defendant has signed or not on these two documents and was answered in affirmative.The judge said that it seems forgery is being committed either by defendant or counsel and now case is at argument stage.what can be or should be efforts by me further for the sake of my interest?
Yogini
19 June 2015 at 16:48
Dear Experts, I have been working for one software company from past 10 years & the below are queries. Please give your opinion.
1. Offer letter issued in one company & getting work done for other sister concern companies also. Whether it is valid? If not, whom shall I complain?
2. minimum wages is not paid earlier 5 years & now they are paid. Whom shall I complain?
3. There is lot of harassment is happening which no employee is ready to complain & also even management itself is giving the harassment. How do i complain to labour department without disclosing my name.
Hir
19 June 2015 at 15:58
Hi,
Pl do guide me for my salary of f&f have been processed but therez one row of pay hold amount and in leave encashment row there is some exemption how are these calculated..
Pl suggest...
Regards
Hir
Margaret
19 June 2015 at 15:49
Hi,
I would like to know a solution. One of my friend has his very own credit card.
On the time of application he just gave my name as references and his permanent address as mine.
He have default his card & not making payments. Will this lead to any problem to me. I have property in my name and savings account in the same bank.
Could you please advise.
Thanks
Margaret
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