MSC Shekar
13 December 2016 at 18:00
In a civil matter a existence of particular Deposit in favour of individual/Petitioner is already proved in a writ petition and according a favorable order from a High Court is given in this regard.
When the same individual/Plaintiff files a Original suit citing the Order of the High Court in the Trial Court. The Trial Court is again asking the individual/Plaintiff to again prove the same matter in the present suit.
Is the Trial Court is correct in this regard?
Please advise Thanks in advance
advocate praveen
13 December 2016 at 16:45
Can Secretary of the society resign from the post without there being specific provision in the Rule or the Memorandum of the society with respect to resignation of the secretary?
Krishnaraya
13 December 2016 at 15:56
Hi All,
I am a Hindu, divorced in 2012 by mutual consent wherein (1 son)child visitation rights were twice a month(sundays). I Am involved with a woman prior to divorce and now my ex wife mentally harasses me by sending all our recorded telephonic conversation(downloaded a spyware on my mobile) to my relatives and that womans relatives to humiliate and blackmail us.
Now for past 3 months shes not letting me meet the child and causing trouble by interfering, stalking and also messaging unnecessary stuff stored with her and threaten to go viral with all pics and audio. kindly advise what steps to be taken.
HITESH SHAH
13 December 2016 at 14:04
RESPECTED LAWYERS, IF FATHER MAKE REGISTERED WILL OF HIS SELF EARNED PROPERTY IN FAVOUR OF TWO CHILDREN AMONG 3, THEN AFTER FATHER DEATH THIRD ONE CAN CHALANGE FOR HIS SHARES?FIRST TWO CAN GET ANY DIFFICULTY IN TRANSFERRING THEIR SHARES ON THE BASIS OF WILL?THANKS
VIJAY
13 December 2016 at 13:47
Hi Experts,
I was not happy with the progress of our case in Supreme Court and I felt that the advocate was not doing anything and simply dragging the case to benefit the respondent.
I asked him for NOC and since then his response became once 10 days and very harsh and finally after 40 days he said that the AOR has been hospitalized for paralysis and can not sign the NOC.
God knows whether it is true or false but he sent me an email after much insisting with the same reason.
I even sent him a letter to his address with signatures requesting for NOC for proper process but still no NOC from him.
The new advocate initially said that we can file an affidavit with the Registry and get the Vakalath changed.
After a week, he says that affidavit might not work but he'll try. I'm at a loss here , neither here nor there.
What is the correct procedure to be followed to get the Vakalath changed when there is no NOC or advocate not giving NOC purposely.
Is there no way for a client to proceed with the case when his advocate is creating problems with NOC?
Thanks.
joy
13 December 2016 at 11:52
Hi,
I am the complainant. Accused had furnished a cheque on Nov. 24 2012 to discharge his liabilities. Once cheque bounced, sufficient notice was provided to which the accused did not comply. Once the case was filed in Pune, the advocate for accused took cross of me and later argument took place as per procedure. The JMFC awarded the verdict in my favour and asked the accused(now stands convicted) to pay me the due amount and undergo simple imprisonment for 1 yr. The accused furnished the bail and appealed against the judgment in the session court.July 30 2015 the judgment was passed and since then he has used every tactic in the books to avoid the argument. Finally he preferred to file addl. evidence under sec. 391. Some fictitious documents without any basis or relevant postage details are being presented along with some other documents which are less importance.
To be noted, that all of these documents which the accused is talking about were in accused's possession during the trial in the lower court. All the so called dates put in were of the times when we had business transaction between us. Which means nothing was new that could have brought to light after the trial court's verdict came up. The JMFC had provided sufficient opportunities to the accused to either furnish any evidence or present himself as witness. He did not comply with given opportunities then. He knew pretty well that once he presented those fictitious documents he would have been crossed and then his lies would have been exposed. A valiant effort at this stage to present addl. evidence u/s. 391 is to dilute the main topic and mislead the court. The sessions judge has not accepted the documents u/s. 391 AS OF NOW and instead asked for final argument on next date (Dec. 20 '16). The judge has stated that it is his "discretion" to decide if the addl. evidences as presented do have merit and only if he is convinced then he would allow.
Now my question is , what can my advocate do to quash this step of the accused. ( We have filed our say in this regard). Is presenting evidence at this stage tenable, given the circumstances?
How can I ensure that final argument happens without taking into consideration the evidences?
Regards,
Gaurav Gujrati
13 December 2016 at 11:38
Sir,
We were the borrower in Consortium which was constituted by Three Bank in which SBI was the leading bank. At the time of execution of Hypothecation Agreement with 3 lenders bank. We have paid stamp duty on the total loan amount. And thereafter our loan limit were increased vide another Hypothecation agreement executing between us and the lenders bank and we paid stamp duty on increased amount. Now out of three lenders bank we have settled with two banks and only one bank i.e Vijaya Bank is with us.
Now Vijaya Bank has increased our loan limit and asked us to sign independent hypothecation Agreement only with them and also asked us to pay stamp duty on total Loan Amount.
My question is that;
1) whether we are liable to pay stamp duty on total amount. However, we have paid two times stamp duty on differential amount at the time of consortium with three banks ?
2) whether stamp duty should be paid only on differential amount ?
3) Whether we are entitle to pay stamp duty on new agreement with independent lender or documents can be executed on stamp paper only ?
Your views would be appreciated.
Thanks
KHUMESH
13 December 2016 at 11:16
Dear Sir,
We had started business with four partners with name of Firm M/s Bajrang Minerals producing Manganese oxide but it was mishandled by partner and now business is in loss, But partner did not want to sell it ,
There is 50 % share with spouse of each , land is the name of my wife , mortgaged property is mine , I want to separate from the firm by selling my share.
As Partner is not ready to compromise at all so I want to sui legal case for the same.
Can I start in following ways:
1. Stay on production activities which is being handled without my consultation .
2. Can I sell my share individually without agreeing by him.
what step should I take
Regards,
K.K.Patle
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Confirmation deed
Sir, can a confirmation deed be executed by all parties if there is some error in description of property in the main/principal deed ? In other words does confirmation deed correct mistakes in main deed ?