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Queries Participated

Bhartiya No. 1   17 August 2015 at 23:44

Restoration of dismissed execution case

Sir,
After winning the Title suit of a land, the plaintiff filed for execution in Sub Judge Court in 2009. In April 2013 the court dismissed the execution case without informing the lawyer, by citing the reason that the decree holder is not doing enough for gazette publication since the judgment debtors had not received the summons. Decree holder came to know this in 2015 since the file was missing from office and was searched. Now what should the decree holders do for restoration of the execution case. The defendants, who had lost the suit, preferred an appeal before District Judge which too is recently dismissed.
Thanking You,

Bhartiya No. 1   06 March 2015 at 13:27

Lease agreement dispute

Sir
One person approached me for lease of my land. The oral agreement was that he is just taking my land for obtaining dealership of a reputed two wheeler company and if he gets, He will construct temporary showroom and carryout business for at most 3 yrs. After that he will shift it to his own land which is presently leased out to HP Gas. He had told me that after signing agreement he will do construction. But he has constructed showroom in my absence and now he is refusing to sign the agreement and telling me that he will stay here for at least 10yrs. His background is negative. Please suggest me how to safeguard my interest.
Thanking You,

Bhartiya No. 1   20 February 2012 at 01:18

Criminal suit

lnd Sir,

An appellate revenue court has passed order from taking bribe from other party in a demarcation appeal, before passing the order he showed us absent (both party) and also did not shown us the order for two months, also the court has cited one judgment given by the lawyer of opposite party and after being satisfied by the plea of oppo. party lawyer has passed such order. The whole circumstances show that it has been passed in corrupt manner. Does a criminal suit (IPC 219) lie against the revenue officer? What shud I do? I hv appealed.
Thanking all of you.

Anonymous   12 November 2011 at 21:26

Cpa & medical negligence

Dear Sir/Madam,
A person has died in a private hospital due to negligence/wrong treatment given by the doctors. So, to file case in consumer court, what procedure should be followed?
Also, I have heard that first I will have to make complain at the state medical council and a copy to Medical Council of India and to health ministry. Is this necessary, since some says that state medical councils and MCI shields doctors and writing to them is wastage of time and money.
As I have read in an article which is below:-
.“We are unfortunate to be born in this country,” says a retired high court judge who did not wish to be named. He developed a urine infection after he needed a catheter for treatment at a prominent corporate hospital. “I had told the doctor I needed preventive antibiotics because of my diabetes and vulnerability to urine infection. He said I did not need it. I did get a urine infection and had to spend an extra 10 days there,” he says, adding he saw no hope in going to consumer courts. “Doctors are minting money. I feel defeated by the corruption in our society,” he says.
What the victim should do? Plz suggest.
Thanking all of you.

Anonymous   10 November 2011 at 11:45

Manipulation of record

Dear Sir/Madam,
A private hospital has done some manipulation in medical records of the patient who has died in that hospital and has given photocopy of it to the family member after making a written request.
Does this manipulation of medical record attract criminal sections?
What the victim should do? Plz suggest.
Thanking all of You.

Anonymous   01 October 2011 at 21:49

Medico legal

Sir,
A person 78 yrs died in Apollo Hospital Delhi due to negligence and wrong and invasive line of treatment, we performed the funeral without autopsy, so shud we have got autopsy done, or medical records are sufficient to initiate any legal action and plz, suggest any other procedure to be followed?
Thanking You,

Anonymous   30 September 2011 at 16:14

Substitution of legal heirs

Sir,
My father who was respondent in a title appeal & defendant in partition suit, and in another title suit he was plaintiff along with me. Now he has died leaving behind 3 son & 2 daughter. Except me other leaves in different places and are ready to give me POA for the above mentioned suit.So,
Do I will have give information about all the heirs?
In that where I too is plaintiff along with him, do I need to go for substitution?
Any other procedure/information regarding the substitution. Plz guide me.
Thanking all of U.

Anonymous   30 March 2011 at 00:15

Consumer Matter Closure TATA DOCCOMO SIM

Hon Experts,
I had purchased a prepaid SIM of Tata DOCOMO with lifetime validity, in the month of the first week of Sept 2010, with submitting my documents and Photo. But the outgoing facility of this number got barred from 20th Jan 2011, so I enquired at customer care no. 121, and they said that your application form is not received, and they instructed me to resubmit the documents and photo to the dealer, and the same will be activated within 72 hrs. I followed the instructions and resubmitted the documents and photo to the dealer on 22nd of Feb2011. But after 72 hrs instead of being activated it is showing as Registration Failed. I again complained to the local dealer, but all in vain. Also I have mailed a letter to their nodal office asking about the reason of the closure of SIM, but they have not replied yet. I had a balance Rs 40 on that SIM. Now it is showing Registration Failed.
So regarding above, where else shall I complain and do they have not any responsibility for Prepaid SIM?
Does it come under consumer court matter?
Plz Advice,
With Thanks and Regards,

Anonymous   01 March 2011 at 22:47

Sunni Muslim Succession

Hon experts,
A Sunni Muslim unmarried male has died instate leaving behind his father, mother and three brothers. How his self acquired property will devolve among the legal heirs?
Plz. Advice, and post any related judgment/material on muslim succession law in India.
With thanks and regards.

Anonymous   09 January 2011 at 01:40

What will be stand of SC??

Learned experts,
In registration of land/property of Schedule Castes/Backward classes, There is a mandatory provision, which require previous permission from the concerned Deputy Commissioner.
In the year 1969 a judgment of Patna HC came which observed that these restrictions as unreasonable and not in consonance with constitution. Based on this observation Govt. of Bihar (IG of registration) in 1970 issued a letter to all the collectors and registrar to not to follow the restrictions.
The provision of that act got included in the 9th Schedule at item No. 209 by 44th amendment of the Constitution which came into force on 20.6.79.
Later in the year 1984 the full bench of the HC set aside the earlier judgment of 1969, which had lifted the restriction.
Before this letter of 1970 the provision of the act was being followed strictly. But since 1970 to till date the provision of the act is not being followed, i.e. the registration of land/property of Schedule Castes/Backward classes are being registered openly without any permission from the concerned Deputy Commissioner till date. Recently in Dec 2010 again a letter from Chief Secretary of the state has asked to the entire registrar/registry office to continue with the registration without permission.
On the other hand HC is neither acknowledging nor attaching any importance to the letters of IG Registration and Chief Secretary of the state, and declaring the sale deeds registered without permissions (even registered in 1970 after the mentioned letter) as null and void ab initio. Many people have lost the suit and their lands. On this matter till now no SC judgment is there so judgment of HC is prevailing over the state.
Widespread confusion is prevailing. I too had purchased a land of schedule caste in 1970 (after lifting the restriction) and was denied the permission by saying that it is no longer necessary now. Now the vendor is claiming the land and creating lot of nuisance. I consulted all the veteran best lawyer of the state, all says that never go to civil suit, ur sale deed will be declared null and void ab initio (since u do not have permission). U will not get any relief till HC. Only SC can intervene or situation will be worsened. Let anyone approach to SC and wait for the result.
What is the fate of lakhs sale deeds registered without previous permission from the concerned Deputy Commissioner between 1970 till inclusion in the 9th Schedule? As it is not our fault.
Who will compensate us in case we lose our land?
Is the letters of IG Registration and Chief Secretary of the state a waste of paper having no significance?
Will writing to Law Commission or SC bring any result?
What will be the stand of SC, if PIL filed?
Affected party is poor and cannot afford any suit at SC?
In this situation what one should do?
Please advice/suggest.
My Thanks and great regards to all of you.