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Anonymous   27 February 2010 at 12:55

Crimal Evidence in Civil Laws

Whether evidences aduced in Criminal Law can be used in Civil Suits? for example Forensic Report recieved in Criminal case addmisible under section 293 Cr. P.C that certain document is fordged and fabricated.
Whether FSL report can be taken on record by Civil Court on an application moved by the parties under Order 8 Rule 1A CPC for defending his right under Injunction?
Kindly Advice....

Anonymous   27 February 2010 at 12:48

mcs act

Society held election in 2001. second election was held in 2006. The Society has taken stand that the first election has become infractuosus nad the same is to be dismissed and in support have relied on AIR 1987 SUPREME COURT 1577, ALLAHABAD, cIVIL APPEAL nO. 430 F 1982, d/- 11-5-1987 DHARTIPAKAR MADANLAL aGARWAL VS. RAJIV GANDHI. mY QUERI DOES THE AFORESAID REPRESENTATION OF THE PEOPLE ACT APPLICABLE IN ELECTION DISPUTE FILED UNDER MCS ACT. RULES AND BYELAWS. IF POSSIBLE GIVE SUPPORT OF YOUR SAY UNDER MCS ACT AND OBLIGE.
THANKS

ananthalaxmi   27 February 2010 at 11:40

namechange

adopted sons can change their surname in their previous certificate in the process of gazzette

Anonymous   27 February 2010 at 11:18

Please differentiate between Petition, Affidavit and Memo

Dear Experts,

Please explain the following:

Que.1.What are the diffence between Petition, Affidavit and Memo and under which conditions they are utilized?

dheepak srinivasa   27 February 2010 at 11:07

340 crpc with 191 ..

My wife has filed a transfer CMP... in that affidavit she has blatanly lied that my 498A is Still pending, and also has given a wrong address.... I have solid proof to show that 498A has been closed based on her Withdrawal letter. Further Action dropped has been endorsed by the Judicial Magistrate also.

Regarding the address also she is lying in the High court. she has given an different address in a different town in the family court. I have obtained CA for that.

Now when the transfer CMP comes for hearing can I press the judge to take action aginst my wife for filing false affidavit under IPC 191 with Crpc 340 Suo moto.

Mahendra   27 February 2010 at 11:02

Thank u

We stay at thane in a 277 square feet Building (pagody system a two floor appt) which belongs to my grandfather (as per municipality record)
My grand father has three sons
A, B, C
C is my father; we stay there since past thirty years .my other two uncles (A&B) stays separately since last thirty years
We are paying rent (we get receipt on out grand father’s name) since last thirty years,
My grandfather died in 2001 & since we had not changed any record in municipality.
Apparently our family stays there since a very long period & we are the real owner of the property
The said property has been demolished by all tenants because it was declared as dangerous by municipality.
Now we all tenants are trying to develop a new apartment & now my questions is
1)My older uncle is demanding something from the property can he do so ?What we can do to prevent him interfering in our property?
2) can we legally put our( My fathers) name in municipality records as against our grand father considering our very long stay in the Building? It means they had given up their claim by passing of three decades & now how can they demand now?
Please suggest

Anonymous   27 February 2010 at 10:42

arbitration

distributer cheats police refused to register case arbitration clause in contact is it a dispute can we go for arbitration

ramani   27 February 2010 at 10:34

Redevelopment issues in a Coop Hsg Society

My father is a memeber of a plot purcahe type society of 19 members owning small medium and large flats.

This one of the (maybe only) societies that apportions repairs and maintenence expenses on all common areas like compund, terrace,landings .passages,pump room,compound wall etc on equal sharing basis .In almost all societies the sharing is on area basis except the common service charges.

The society is going for redevelopment wherin now one smaller flat holder is asking for equal sharing in additional FSI benefits by way of his having contributed to the expenses equally and also the fact that even in future he will have to share the burden for expenses in same way for maybe double the number of flats that may come up for the rest of the life of building.

Is his contenetion right. The byelaws and MCS Act 1960 are silent on same.

Whilst the Dy Registrar in 1990 gave an opinion on the request of larger falt owners that the expenses are to be shared, now he states that the smaller flat owner has to approach appropriate forum.

an anyone advice or is there any judgements?

Please advice

rahul k   27 February 2010 at 09:19

tax liablity after proprietor dies in sole proprietorshipfir

Can tax liabilty of a deceased proprietor be recovered from the legal representatives of the deceased? Also is the death of the sole proprietor leads to the automatic dissolution of the firm?

parshotam lal   27 February 2010 at 08:20

Lawyer

I have hired a lwayer for allahabad high court from chandigarh. I ahve paid a huge amount in advance. From past 9 months he is delaying the case.He has not attended the court. Counter affidavit has been filed from the opposite party but my lawyer has not replied to it till now. He is avoiding it.What could be done against him