Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

Anonymous   18 July 2011 at 20:57

In what situation respondent is required to produce evidence?

In what situation the respondent is legally required to produce evidence to negate the allegations of petitioner? I mean if the petitioner does not produce evidence to prove his allegation, then would it be the duty of respondent to produce evidence to negate the allegation? The law says that the burden of proof lies on petitioner... but in some case the lawyers ask the respondent to produce evidence if petitoner does not produce evidence to support the allegations and if at the same time its possible for the respondent to produce evidence to negate the allegations..and they also say that if respondent dont submit evidence, if its prima facie possible for him, the case may go agaist him.

eg. Wife's allegation is that husband is impotent. But she does not take any steps to file application for his medical checkup. In such situation some advocates advice the husband to sumoto file application for his medical checkup, othewise the case may be decided against him (ie. adverse inference). But at the same time a few advocates advice no need to sumoto file application for medical checkup.

So, please help me to understand in what situations the respondent is supposed to submit evidence during trial.

Anonymous   10 March 2011 at 20:15

Holograhic Wills

Dear Experts,

Is an unregistered holographic (handwritten) will without witness signatures recognized in Maharashtra like in some Commonwealth jurisdictions? If not how many witnesses should sign? Should they sign in the presence of each other?

Thank you.

Anonymous   11 January 2011 at 13:07

Section 138 and 420

Hi

I want to know what is the maximum punishment under section 138 and section 420.

My father had dealings with few people which can not called as registered business as he was working as free lancer. Now he had huge business losses and he is not in a position to pay his debts.

He has issued few cheques from his pention account ( he is retired from Defence (vrs) )


Further there was one property in his name which was transfered to him thru gift deed from my Grand father. But in March 5th 2010 the same has been transfred to me through gift deed from my father.


Later he gave the chain paper ( Deed between my father and grand father ) to a moneylender on 23rd apr 2010 for some loan.. and he has signed a agreement and gave 4 blank cheques to that money lender as well.

Now i want to know what can be done in this case as financially we cant support him and the debt is abt 35-36 lac.

What is the maximum punishment which he has to face under civil or criminal law?

Anonymous   10 January 2011 at 00:23

hindusuccession act amendment 2005

whethee the amendment is retrospectivr in application ? whether female born before 2005 canclaim same shareas like son

Anonymous   25 April 2010 at 17:09

civil arrest

I AM THE PLAINTIFF,I HAVE FILED AN E.P.ON CIVIL MONEY SUTE AGAINST J.D. I HAVE PUT A PRAY TO ISSUE ARREST WARRENT ,AS THE J.D. WAS NOT AT ALL PAYING ANY MONEY. AFTER GETTING ARREST WARRENT, WE HAVE ARRESTED THE J.D. AND HE WAS PRODUCED BEFORE THE JUDGE.THEN,HIS ADVOCATE HAS SUBMITTED A MEMO, SAYING THAT HE WOULD PAY RS5000/= AND THAT WARRENT TO BE RAISED.MY SIDE COUNSEL HAS STRONGLY OPPOSED TO RECEIVE THE AMOUNT RS5000.WE WERE READY TO PAY BATHTHA FOR J.D.'S CIVIL IMPRISON MENT. BUT COURT HAS ORDERED HIM TO PAY THE AMOUNT RS5000 THROUGH CHALLAN AND TO FILL MUTHALIKA FORM AND TO APPEAR ON 30TH APRIL. SO WHAT WILL HAPPEN ON 30TH APRIL,IF I REFUSE TO ACCEPT THE AMOUNT THAT J.D IS GOING TO REPAY.

M. Youvaradjou   11 April 2010 at 22:34

Hindu Succession (Amenment)Act 2005

Dear Experts, please let me have some rulings or citations from Supreme Or High Courts decided after the enactment of the above Amendment, specifically about "no court shall recognise any right to proceed against a son, grandson or great grandson for the recovery of any debt due from his father, grand father or great grand father solely on the ground of the pious obligation under the Hindu Law, of such son, grandson or great grandson to discharge any such debt" Thank you, M. Youvaradjou from Pondicherry

Anita Dores   24 March 2010 at 17:30

Contract Act

An owner (A) of the flat puts an ad on paper tht he intends to sell his flat on ownership on 'as is where is' basis. d intrested person(B) goes to meet the owner and aftr prelimnary discussion A refuses to sell the flat without any reason though B is willing to but the flat.Plaintiff (B) contends in his suit tht A has given a public offer so A is bound to transfer the said flat to him but the owner (A) contends tht the ad is not a offer.
Can advertisement on a newspaper b termed as an offer??

gb dayma   22 March 2010 at 16:02

Execution of Agreement

We have entered into commercial contract for supply of goods for a period of 1 year. In the agreement, there is clause about renewal reads as "this agreement may be renewed that may be mutually decided which will be reduced to writing". In view of the above, is it legal to mention that the agreement is renewed for 3 years on same terms and condition and reduce it on Simple Paper / Stamp paper?

Aditya R khandelwal   19 March 2010 at 22:31

How to Make the Registry?

I had Purchased a Land 5 years back On the Basis oF FULL AGREEMENT ND POWER OF ATTORNEY ND REGISTERED WILL.
NOW I WANT TO MAKE THE REGISTRY OF THE LAND IN FAVOUR OF MY WIFE.
THE PREVIOUS OWNER IS STILL ALIVE.

ON THE LAND THERE IS CONSTRUCTION OF A HOUSE.WITH UNDERGROUND FLOOR AND TWO FLOOR, THE LAND IS NEAR BY 3000 Square Feet in Covered Area. THE PRESENT VALUATION OF LAND IS NEAR BY 50 LAKHS (ACCORDING TO GOVERNMENT DLC RATE)

DO I NEED TO PAY THE "CONSTRUCTION" COST REGISTRY ALSO?

OR I NEED TO PAY THE ONLY THE LAND VALUE REGISRTY COST?

IT IS IN RAJASTHAN.