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Rupendra Porwal   22 September 2014 at 16:00

Admissibility of xerox copy of documents submitted on affidavit

Would the photocopy/xerox copy of documents submitted in civil case being annexures of the affidavit for submission of evidence be accepted as valid evidence whereas affidavit itself is not an evidence as per section 3 of evidence act?

Please suggest legal position and how should be taken up further.

prakash   22 September 2014 at 15:23

Remedy for defamation and mental haaresment

other 3 sisters are not saying a word in this matter.The p.o.a. was sent to me by my sisteres to my place where i reside.I was not present in that place where the p.o.a. was executed.
In newspaper notice and in legal notice they all 4 accepted that they have given the p.o.a
to me.
Can I sue them for defamation and mental harresment? or any other suggestions which you like please advice.

prakash   22 September 2014 at 15:14

Remedy for defamation and mental haaresment

In 2013(after 15 years of death of my father) my 4 sisters published a notice in news paper for cancelling the p.o.a. and served me a legal notice of making a false will and demanded equal share in property.I responded that legal notice clarifying all the facts. After that they did not acted upon the matter.
now recently in sept.2014,one of my sister who resides abroad made a police complaint that she was not in india at the time of execution of the p.o.a and the signature is of somebody else and attached passport copy as a proof......(CONTINUED)

mukesh trikambhai bandhaniya   22 September 2014 at 15:02

Limitation act

give the law about delaycondon application in limitation act section-5 lettest s.c judgement in section-5 i have opponent and respondent file with delay condone.

prakash   22 September 2014 at 14:58

Remedy for defamation and mental haaresment

sir,In 1995 my father made a will in which he distributed all his movable and immovable property between me,my 4 sisters,my wife and my daughters in which he made me the executor.
In 1998 my father died,after that the property was distributed as per his will and all the mutations took place.
In 2001 my 4 sisters jointly gave me registered p.o.a.empowering me to act on behalf of them for each and every work as they live in different place and i acted as their direction and sold some of their residential plots and deposited all money to their accounts where they have debit balances....(the query is in continuation)

JEGADEESAN   22 September 2014 at 14:47

Case against accident

Dear Sir,
I wish to clarify a doubt regarding the compensation against accident.
i.e. My Friend had met with an accident on Aug.2014 with MTC Bus(Govt Bus). Actually he hit the bus(on Back Side of the Bus) as the bus driver was suddenly stop the bus while running. Due to this incident my friend lost his Health condition(Lost some tooth, injured in face) & lost around 1 lakh rupees in the hospital.But he have the bill only around Rs.10000/-.Now he can claim compensation against the accident through file case against MTC? IF yes how much he can claim?(whether to the extent of bill produced or actual expenditure)

Regards,
S.Jegadeesan

Kumar   22 September 2014 at 13:34

Landlord played fraud on court; so want to file review petition on rca judgment.

Our landlord filed eviction and fair rent case against us. He got the judgment (RCOP and RCA) in his favor by arguing that he needs the property for his own use (running business).
Recently we came to know that he made a sale agreement on may-2009 while the case in the court (he filed the RCOP case on March 2009).
Now we got the certified document copy of the sale agreement from the Registrar Office.
The time limit of sale agreement is 15 months, but it can be extended with both parties mutual consent. The sale agreement neither executed nor canceled.
Landlord played fraud on court that is, he argued that he need the property for running business but he is trying to sell the property for higher profit.
RCA judgment was given on 24 july 2014 (Time for eviction is 2 months) we haven’t received the judgment copy yet now. We got the unofficial Xerox copy of it.
Our current lawyer is not impressed with the sale agreement evidence given by us. He also suppressed some valid points in his arguments. So we are looking for a good lawyer right now.
1) Now my question is can we file REVIEW PETITION together with application for condo nation of delay

2) Please clarify the time limitation for filing petition or appeal in the same court or in high court?
3) Advice about any other alternatives
4) We are looking for a good lawyer in Chennai, if anybody interested please reply.

M Satyanarayana   22 September 2014 at 13:23

Partition suit eviction of tenanst and relatives

Sir,
I got 2/3rd share in partition suit pending for final decree. My 2/3rd share is occupied by my sister since I am not in possession of 2/rd share. My sister inducted tenants and her own relatives in the possession. When can I evict these unauthorized occupants on my property. I have a decree for possession 2/3rd share against my sister who is the co-owner. Can I have a right to evict my sister’s relatives and tenant when there is still advocate commission pending and mesne profits due. Can I have a right to take action against unauthorized occupation and use of my property.
Please kindly advise.
Thank you
MSN

mayur   22 September 2014 at 12:26

99 years lease land

Dear All,

I/we owned open land which is on 99 years lease in buldana city, maharashtra. right now we don't have any legal documents except property card.we are in planning to construct the land . is it possible to construct the appartments on this land?
pls. give your valuable advise.

Chaudhry D   22 September 2014 at 11:42

Msme act - arbitration _ pre-deposit of 75% of awarded amount

Sir ,

75% of pre-deposit of awarded amount with interest has been held by Hon.Supreme Court as a must in order to entertain an appeal. The question arises - interest till which date should the party deposit, as parties are resorting to delayed/ abnormal delay in depositing the amount of interest -and that too - calculation is made till the date of filing the appeal - taking as long as 2 years to deposit the 75% amount calculated till date of filing appeal and this is being allowed by Guwahati High Court .

It is my contention that in all fairness - the Appeal should firstly not be admitted at all , and Secondly if at all Court allows deposit at a later stage, interest should be calculated till the date of deposit -(2012) 6 Supreme Court Cases 345 "Goodyear India Limited v/s Norton Intech Rubbers (P) Ltd "

In Goodyear v/s Nortan Rubber (2012) 6 Supreme Court Cases 345 - Hon.Supreme Court allowed the Plaintiff to deposit money in the Supreme Court and there-after remanded the case for hearing to the Madras High Court.

The Madras High Court , as per judgement available in Internet dated 21.3.2013 2013(5) CTC 25 has held that the Appeal is time barred - in view of the non deposit of 75% which is mandatory and has dismissed the Appeal.

My question - has the Judgement of Madras High Court become final or the parties have again challenged the matter before Supreme Court and is pre-judice ??

Can the matter of 75% pre-deposit before an appeal is filed be taken as good law having been settled - without which all appeals filed by agitating party will /should be dismissed?

In my case before Aizawl Bench of Guwahati High Court , the Project Pushpak , has not deposited the 75% amount calculated till ??date of filing of appeal ?? or date of payment and has been taking time whenever the matter comes for hearing and Hon.Court has been allowing it - thereby delaying the finality of judgement. Can anybody suggest further course of action ??

Thank you for prompt reply in advance.