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Queries Participated

minsal   20 July 2023 at 19:23

How to challange the admissibility of notarised documents

Respected Experts,
I have filed a summary on behalf of my client wherein the defendant has taken out a Notice of Motion for condonation of delay of 5 years for filing reply to summons for judgments. Which was allowed by the court. I have challanged said order which is pending before the high court. But, later on I found that the said Notice of motion and reply to summons for Judgment are notarised by two different notaries but both the notary have a single registration number. How two persons can notarised two different documents with single registration number?
Under the circumstances what remedy can be available for Plaintiff.
Can I file a review application in respect of the order passed by city civil court?
Or
can I challenge the admissibility of the documents as one of the same seems notarised by unsuthorised notary.
Or
Can I file a chamber summons and call upon both notary for production of details of notarisation of the respective documents?
Or
if any other remedy available for plaintiff.
Please help me.

Anonymous   18 July 2023 at 00:45

Case of an accident

Hello,
Recently I saw a accident in which a tractor with trolley (without insurance) face and accident because a bike rider with his father came wrong side and collided with front wheel of tractor in which rider got fracture under knee and his father got died due to blood loss. There were no witness. They called ambulance and police too. Bike owner did accept his fault of coming wrong side. Tractor and trolley was in taken under police custody and bike too . Tractor driver was arrested by police.
Now my query is what will be the charges(sec 304A) on tractor driver? when he would get bail? And further procedure to save tractor driver as defence.

Anonymous   15 July 2023 at 15:58

Cancellation of poa

Respected Experts,
I executed a Registered Power of Attorney (POA) in favor of my brother in 2005, granting him the authority to manage and sell the specified land. However, I now wish to cancel the POA and would appreciate guidance on the procedure to do so.
1. what steps need to be taken to initiate the process? and
2. I would also like to know if Is it possible for the civil court to cancel the POA?

minsal   14 July 2023 at 13:32

Second application under o. vii r. 11

Respected Experts,

In one of my civil suit (transferred from other advocate) the defendant has moved an application under O. 7 R. 11 for rejection of plaint for not providing the copy of plaint alongwith the service of summons (by earlier advocate). The court has rejected the same and directed the plaintiff to serve the copy of plaint with cost. The Plaintiff has complied with said order. Now the defendant has again moved an application under O. 7 R. 11 for no cause of action, not paying properly court fees and other grounds.
My query is that can defendant move such two applications under the same provision? Can I ask in my reply for rejection of said application as it is filed second time? If so then under which provision? Please do the needful.

Anonymous   06 July 2023 at 22:55

Old stamp paper - valid or not ??

A got a stamp paper of year 2018 which was taken in the name of B and it was signed by B in blank. A got the blank stamp paper duly signed by B somehow and typed in that B gave all her properties in the name of A. Signature of B is original on stamp paper but the content typed on stamp paper is few days back. Will the stamp paper is valid and can A sue against B on the basis of that stamp paper ? Experts pl tell.

Veena Gopal   06 July 2023 at 15:30

Property left intestate

Hello, I had invested in byuing a property , but that was registered in my friends name. I did not have any mutual agreement or gpa or any documentation done. My friend expired and now his family doesnt know the existance of this property. But they are also not interested in retuening my investment or giving me the property for which I have invested. Please advice what to do

Anonymous   04 July 2023 at 12:06

Dual degree courses

Respected sir
I pursued M.A.( corresponding session )from 2018-2020
But I took admission in B.ED (regular basis) in December 2020 and complete it in 2022

I unknowingly taken two degrees at the same time
Sir ,but kind of issues it may create in future
And what remedy I have
Please guide me 🙏🙏🙏🙏 sir

Anonymous   03 July 2023 at 17:58

Possible misuse of disaster management act

There is a coconut tree near the property line that we share with a neighbour. This tree leans towards the neighbour's property, but away from their house. It is wholly located within our boundaries. It is a very healthy tree, with healthy roots and no sign of any disease. There are also two thick support cables that are tied to the tree to points in our property as extra support.

This tree was in it's present position before the neighbours bought this house and they were well aware of it. It was a non-issue for them then, but since they bought the house, they were pestering my dad to cut it down, which at one point led to a verbal quarrel. Since then, they use any means possible to have the tree removed. Now they are misusing the District Collector's orders on disaster management to have the tree removed, claiming that it poses danger to their life and property.

We feel that they are misusing a law to settle a score with my dad. Healthy, disease-free trees such as this take a very long time to yield, lasts for several decades and are resilient to even hurricane strength winds. With the support steel cables on it, there is no chance that the tree will fall in the neighbour's direction, even in the worst case scenario.

Do we have a recourse in this matter or are we simply forced to give in to their false complaint claiming relief? Any advice will be much appreciated. Thanks.

Ankit   28 June 2023 at 09:13

Bail conditions

In my Bail order, conditions were imposed on me such as:
1. Furnish the current residential address to IO.
2. Do not leave the state without prior permission of court.
I have given affidavit stating my residential address and when police approached the same I was not available as I have gone outside but the landlord confirmed that he is residing here.
Now police is threatening me to apply for cancellation of Bail. Can police really do the same and what can I do. Please guide.

Anonymous   26 June 2023 at 18:02

Substitution of state counsel with an independent counsel

Hello all,

We are in a strange situation where the counsel for the opposite party has become the Advocate General (AG). He is publicly known to be highly unethical.

All Deputy and Additional AGs are his subordinates, and now they strongly oppose anything of ours, even preponement applications, treating them as their personal matter. Even our counsels were shocked by this. The opposite party has gotten a strong advantage due to this situation.

• Can we move an application to get an order for substitution of the state counsel with an independent counsel, who does not report to the AG, like it is in some cases, to ensure a level playing field? Or please suggest some other solution.

Sorry for being anonymous but it is important.