respected sir the plantiff filed I.A for examination of signature of witness on will deed with signatures on cross examination record but same witness has given evidence throgh commissioner that he was not present on the occasion of execution of will deed and he said his signature on will deed is forged .but plantiff insists on application under section 45 for expert opinion .but trial court dismissed I.A saying application is belated as it is filed at the time of opening of arguments by plantiff and courts power to compare signature on will deed .can C.R.P of plaintiff allowed in high court ? please give opinion about chance of success of C.R.P where plantiff took time to file C.R.P in high court


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16 October 2018 at 19:09

Sarfaesi and drt

Sir,
The action under SARFAESI by the bank, against the guarantor is time-barred due to 12 years limitation? What is this time barred means -
a) An action under the SARFAESI is time-barred. or
b) The realization from the mortgaged property is time-barred.
c) What about the DRT proceeding how they recover after issuance recovery certificate?
d) Whether Bank has to return our property papers, if yes, how can we proceed?
e) If no, then what is the purpose of limitation act or the limit of 12 years?

Ref:W.P. No. 16511 (W) of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Dr. Dipankar Chakraborty
Vs.
Allahabad Bank & Ors.


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Anonymous

Builder has executed agreement with carpet area 655.00 sqft. But actual on site measurement as resulted in 640.00 sq.ft. carpet less than the agreed carpet area. Even the assessment tax department has confirmed the area as 640.00 sq.ft.

Please advice, whether members can go for legal course for difference area as per MOFA or RERA Act


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Anonymous

Hello experts!
First of all I am not a lawyer and I need your help in an urgent matter.
During background check for my new job, the recruiter company has mentioned that there are some flags raised on Indian financial probity check.
They just gave me a case number and no further details. Case Number: COCP-3160-2017
To best of my knowledge there is no case against my name in any court.
I have contacted lawyers but they are unable to get further details with only case number.
Please suggest if it possible to get further details on this just with case number as I need to give a justification for this coming week.
This is very important for me and I would really really appreciate any help on this.
Thank you in advance!


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Anonymous
04 October 2018 at 16:10

Dv act

Hi,
My Domestic violence case was over and Nature of Disposal showing UNCONTESTED- DISCHARGED What its means ? order was not uploaded till now.


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My wife filed 498a, Female foeticide, DV case against me and my family on feb'18 FIR got registered in March'18. All of the family members were called upon to the Police Station. We submitted all the proofs. Even, I met with the ASP and shown him the proofs how my wife and her parents were a liar. After seeing the documented proofs of medical and others he called wife and her family and my family with me for enquiry. After the discussion with both family he asked me what I want and I told him that I will fight the case to prove myself and my family innocent. He also told the girl that if she dont want to leave why she not take mutual Divorce but she didn't agreed. I was leaving with my wife in Noida. My parents and younger brother were were doing jobs at Jharkhand. My another brother was doing job at Gujarat.
What to do next. I had also asked the Investigation Officer after submitting the proofs if we have to take Anticipatory Bail. He told us not to take. I have 15 months old child and he is again with my wife and I don't able to meet him fearing she can frame any more charges.

Now September'18 has finished but no chargesheet or Investigation report has been submitted to court till date.Please let me Know, what should I do.


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28 September 2018 at 15:57

DOB correction case

My case for correction of date of birth in 10th marksheet(CBSE) is pending in high court. There is a difference of 5 months in dob in birth certificate and in 10th marksheet. 10th dob and revised dob, both qualifies the past and future academics eligibilty criteria. I have just completed my graduation. I will apply for jobs in MNCs and startups. Then which dob I should register while applying for job? Since 10th marksheet is necessary for job, I have to give dob as per 10th marksheet. If in future, high court orders CBSE to correct my dob in 10th marksheet as per my birth certificate. Then will my future company update their record? Or it doesn't matter to company? Or should I wait till the order of high court?
Beacuse of this issue, I am not even applying for jobs. I don't know what to do further. Kindly help.
Thanks


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Anonymous
28 September 2018 at 12:49

Property rights

Hello respected wise people, My grand parents had 2 son ravi sharma n kishan sharma. They also had two houses . I am living in a house of area 1200 sq ftin Indore {MP} since 2000. The house was in name of my Grandmother, she died in 2011. Then in 2016 my father {ravi sharma}died. After 6 month my grandfather also died .My grandparents used to live with uncle ,as it was bigger about 2000 sq ft. First my grandmother died 2011 Then my father in 2016 Then my grandfather in 2017 The house in which I was living was registered to my grandmother .It's registry was in their custody. But some how my uncle kishan sharma took it from them. He then succeeded in recording the two houses under his name in 2018 January.My father used to pay house taxes but he kept those receipt slips to my grandfather ,they were also taken by my uncle.there was no issue until today between as. Both house are only 200 m away from each other. After my grandmother death no name transfer had taken place.we are still living in same house. I asked uncle to give me registry of my house he denied. I filed RTI in municipal corporation that how named transferred to my uncle. They {municipal corporation}called uncle as routine and uncle denied to share those documents to me ,so I couldn't find how name has been transferred. What can I do.?I m living in same house from 18 years continuously.


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28 September 2018 at 06:34

Limitation period

the priliminary decree was passed last friday in a title suit

the decree is in favour of plaintiff and against all defendents. but decree directs the property be divided in to 4 equal shares and one share alloted to plaintiff (property is in the possession of d1) , and the mesne profts be recovered from d1 from date of institution of suit till separate possession through a separate application. Question is about the LIMITATION PERIOD for Application for d2 and d3, since they also become eligible for mesne profit recovery and possession.

The supreme court said something like this in the SPECIAL LEAVE PETITION [C] NO.17932 OF 2009
"16. In view of the foregoing, we are of the view that the application filed by the plaintiff in this case for drawing up of a final decree, was rightly held to be not subject to any period of limitation. We therefore dismiss this special leave petition as having no merit, with a request to expedite the final decree proceedings. "

Kindly clarify if there is no limitation, or if there is limitation and if it is different for the plaintiff and the defendant.


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