LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

testa   12 April 2014 at 23:39

Advocate act agreement

Is it mandatory to sign advocate act agreement with lawyer for replying a legal notice.

Mayank Sinha   12 April 2014 at 22:54

Name change

I want to change my name in all my educational certificates, for which I want to publish the name change in State Gazette.

But the CBSE requires the original affidavit to change the name in all documents.

So can someone tell me whether the same is required for publication in Government or State Gazette.

So can someone give their advice on this ?

Kuntal Bhattacharya   12 April 2014 at 22:46

Caveat

My uncles filed Civil Suit praying declaration of their exclusive title in a piece of land (joint property) in the Hon'ble court of Sub-judges in my district. Side by side they filed an application before concerned BL&LRO for mutating their name in respect of the property. BL&LRO did not agree for the mutation. Then, they applied before LRTT Kolkata. After hearing ex-perty, LRTT directed vide Order dtd 30/3/2011 to BL&LRO to dispose of the same by mutating their name in the property within a period of 6 months. Accordingly BL&LRO disposed off the same by mutating the property in their names.

Feeling aggrieved, we filed an appeal in the High Court of Calcutta. The two judges' bench modified the order dtd 30/3/2011 of LRTT and directed BL&LRO to consider & dispose off my uncles' application for mutation in the tune of the judgement and/or decree to be passed in the civil court (sub-jedges court) upon notice to us & hearing. (since, Two judges bench of High court is of the view that my uncles did not disclose the pendency of the Civil Suit filed by them before Sub-judges Court.)

Now, please Advise following:

Whether we should lodge Caveat before supreme Court to avoid any ex-perty order/judgement against the judgement of High Court???

Is there any chance to appeal within the High Court of Calcutta by my uncle against the judgement ??

pikun   12 April 2014 at 20:47

Dv filed but no summon yet

False 498a and 406 on me and family. FIR done 3 weeks ago. AB obtained. Currently case is at Charge sheet stage.

I recently came to know that my wife had already filed DV at court 6 months ago (even before her dowry complaint in CAW cell). Four dates already over for DV. But i have not received any summon so far for DV. I have changed my address since 3 months. Next hearing is after 1 month.
My queries :
1. Why summon is not reaching me (she knows my new address and work place address) ?
2. Is she not sending summon purposefully ?
2. Can summon not coming to me even in 6 months can harm my case ?
3. Can i just appear in court on the date of next hearing ?
Thanks.

anupam sharma   12 April 2014 at 20:08

Revisional jurisdiction of high court


In a suit for permanent injunction filed by one brother (say A) against his step brother (say B), Suit disposed of and a declaration was given to the effect that B is also legal heir to the property (of mother of B and step mom of A), An appeal was filed by A but nowhere in the grounds of Appeal it was mentioned that the trial court had exceeded the power in giving such declaration. However, pending appeal an application was filed by A to withdraw suit at trial court but the same was dismissed by appellate court. Now a revision against the said order of dismissal of application to withdraw suit by appellate court has been preferred at High Court and the same stands admitted and stay has been granted on observation that trial court has exceed power in giving declaration to effect of B being a legal heir. Now the question is Can the High Court exercising its revisional power give such a finding when its jurisdiction is only limited to withdrawal application??

omega twist   12 April 2014 at 19:53

Marriage registration

Sir.
I am a keralite boy wanted to marry my croatian girlfriend in India under special marriage act or HIindu marriage act in Delhi or in Goa. She has visa for few days. Before she goes we need marriage certificate and the apostille stamp on it. Is it posssible to marry in legal office without many weeks of waitting Is ther any possible way to marry soon..and certificate should be valid both in India and Croatia also. hoping for a positive reply.
truly.

Sudhakar   12 April 2014 at 18:56

I havent signed petition papers...

I have engaged an lawyer from my city which is 700 kms from hyderabad Andhrapradesh high court

my lawyer said me that he has friends in high court practicing there, such that he asked me to apply for quash proceedings u/s 482 in 498A case.

My lawyer as he said he made me sign on vakalath papers. But not on petition papers.

Without my signature on petitioner documents and I also didnt attend the high court at the time of arguments, only lawyer whom got engaged in hyderabad had attended the case on behalf of me in 2012.

The court has disposed the case...


Now whats my question is....

I havent signed petition papers at all... i came to know that when i applied for certified copies.

Now can i refile the same case as a fresh petition in high court once again.

Please guide me

KmeduVishnu   12 April 2014 at 18:22

Temple issue - suit against govt.

Dear Experts,

Whether a third party can file a civil suit in a civil court as against the Govt. for praying a direction for maintaining the particular temple and further prays a direction to appoint a qualified auditor for auditing the temple accounts and take inventory stock of temple's movable and immovable properties and also for praying to cancel the sale transactions of the properties belonging to the temples since the properties were sold away in illegal manner without obtaining necessary sanction from the Govt. for selling the properties.

Kindly advice in this regard.

Thanking you in advance.

jagjit singh   12 April 2014 at 18:12

Forge birth certificate

SIR,
SOME ONE HIDED THE ORIGINAL BIRTH CERTIFICATE OF A CHILD AND BY GIVING THE FALSE AFFIDAVIT OBTAIN THE NEW FALSE BIRTH CERTIFICATE BY CHANGING THE FATHER NAME AND HE/SHE ALSO COATED THAT I NEVER MADE BIRTH CERTIFICATE OF THE CHILD EARLIER.
LATER I HAVE INFORMED THE REGISTRAR BUT HE HAS NOT TAKEN ANY STEP AFTER THAT I HAVE INFORMED TO SSP BUT NO JOY.
CAN I FILE THE CRIMINAL CASE AGAINST HE/SHE AND UNDER WHICH SECTION. BECAUSE THAT BIRTH CERTIFICATE IS USED BY THAT PARTY IN 125 cRPC CASE OF MAINTENENCE.
complete details."

I GOT MARRIED TO A DIVORCED LADY WHO HAD ONE CHILD FROM PREVIOUS MARRIAGE. WITHOUT MY KNOWLEDGE MY MOTHER IN LAW HAS APPLIED FOR THE BIRTH CERTIFICATE TO SDM VERY NEXT DAY OF MARRIAGE AND GIVEN AN AFFIDVITE CLAIMING THAT KU.... D/O MY SELF WAS BORN ON .... AND DUE TO UNAWARES SHE HAD NOT MADE THE BIRTH CERTIFICATE OF HER GRANDDAUGHTER.ACTUALLY SHE HAD ALREADY MADE THE BIRTH CERTIFICATE AFTER THE GIRL BORN WITH THE NAME OF HER ORIGINAL FATHER. LATER THEY FORCED ME TO SIGN ADOPTION DEED AND FILED DOWRY AND DV CASES AGAINST ME AND FILE THE FALSE BIRTH CERTIFICATE AS DOCUMENTS IN THE COURT FOR OBTAINING THE MAINTENANCE ALLOWANCE FOR THAT CHILD.

Sreejitha   12 April 2014 at 17:51

Regarding fir

Hi,

I lost my phone and other valuables on 04.04.2014, friday. I had reported on the very same day to the near by police station. The moment i informed they about the theft, they started blaming me and they were like its happening always. They asked me to come the next day with a written complaint and also with the photocopy of the bill. i went the next day and they were like they are busy because a "Politician" is visiting their locality and asked me to come on Monday. On Monday they gave me a CSR copy and told me to wait for 15 days to get "non traceable". I tried following up and they were like you have insurance and come after election and they will give non traceable, which clearly means they have not taken any action. I asked them for an FIR copy since the insurance firm has mentioned it for mobiles worth more than Rs.15001/- but they are refusing to give one. The event happened in Tamil Nadu and I am a native of Kerala. I enquired in SP office in Kerala and they said they cant do anything and fir will not be given for mobile theft. The experience was very bitter.
Please help me in understanding what step need to be taken next.