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Anonymous

Posted 1 day ago

I have to give a written statement. I have taken extension date since three hearings. So that I could get the evidence. The evidence is taking longer time to get. So I want more extension in filling the written statement Will I get the extension or should I give whatever evidence I have so far?

A. 90 days is the time limit to file the ws otherwise your defence will be struck-off. Amendment of ws can be done at any stage once you get hold of any new evidences. Note: It has been held in some recent cases that the delay can be condoned and the ws can be accepted even after the expiry of 90 days from the date of service of summons in exceptionally hard cases. But in that situation you need to satisfy the court that there was a genuine exceptional ground that prevented you from filing ws. Don't take any chances, file your ws.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Suksham Aggarwal Experience: 6 Year(s) Ambala
Mayur Khunti Experience: 4 Year(s) Anand
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I sold my Motorcycle through a garage person in 2013 to unknown person .As i got full money I hand over my vehicle and RC book to him. I was unaware of his malafied intentions at that time and did not ask for a sale deed. Now I came to know that vehicle is still registered on my name, he did not get it transferred. Now I am unable to trace him as contact numbers are not working and I don’t have his address detail. please help me

A. Dear Sir, You are in dangerous situation. Get file a complaint with police and RTO Motor Accident Claim: If The Transfer Of Vehicle Is Not Registered With Authority Original Owner Is Liable [Read Judgment]... http://www.livelaw.in/motor-accident-claim-transfer-vehicle-not-registered-authority-original-owner-liable-read-judgment/
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata

Sugas Shankar

Posted 1 day ago

My mother's name is written wrong in my birth certificate. What are the procedures to change it ?

A. make an application to the municipal corporation for correction of your mother's name in your birth certificate and enclose the following documents (i) an affidavit by your mother duly attested by a Class I Magistrate (ii) copy of hospital discharge slip (iii) copy of parent's marriage certificate and (iv) change of name published in the newspaper/Government gazette in original. For any further assistance contact a local lawyer from Vidhikarya.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 2 days ago

Although I was born in kerala, my entire study and college life was in Hyderabad . eventually when we approached MRO office , we were issued with domicile , place of birth and caste certificate of Hyderabad. Later on when my parents, after their retirement, got settled in kerala, one of my uncle got me a certificate of kerala . Later on we realized that it will have legal implications . What should we do? The problem is although I was born in kerala, but during my schooling the certificate issued to me was with place of birth from Hyderabad. Kindly suggest what could be done

A. If you're a resident of Kerala and had resided for more than 10 years in the state of Kerala, then it will not be a problem. However, if you do not meet any one of the the eligibility criteria to get Residence/Domicile certificate of Kerala then it will definitely raise eyebrows from legal quarters. Better consult a local lawyer from Vidhikarya.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Krunal Sankhe

Posted 4 days ago

I have property which I procured from builder in 2009. In October 2018, i sold same to another party. After my agreement, party went to bank for loan. But after all documents verification done, bank informed about one Lis Pendense which was submitted in 2014. Due to same, bank is unable to disburse loan. This is only thing pending. Please suggest what I can do in this case as I am stuck.

A. Dear Mr. Sankhe, You have to wait. Shanti Ranjan Behra Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 5 days ago

In this case financial loss was caused to an organisation due to professional misconduct of an employee. Case was filed against him for recovery of losses (apart from the dismissal and adjustment of retiral dues done post internal enquiry as permitted under staff rules) over and above the action taken post internal enquiry. There is no trail of money to suggest that the employee got any financial benefit. It is settled law that tort survives only (i) in case of a deceased plaintiff, if the estate has thereby suffered damage; and (ii) in case of a deceased defendant, if there has thereby been benefit or accretion to the estate. In this case does right to sue LR suvives?

A. Dear Client, Please see the ORDER XXII : DEATH, MARRIAGE AND INSOLVENCY OR PARTIES of Code of Civil Procedure 1908 - Schedule I Occasionally during a lawsuit, especially a personal injury lawsuit where a person's health is at issue, one of the parties to the lawsuit can pass away. This unfortunate and unusual situation raises the issue of what happens to a lawsuit when a party dies, as well as whether the lawsuit is automatically terminated. Because lawsuits customarily pass to the deceased person's estate, the lawsuit generally isn't automatically terminated. If the Plaintiff Dies In a civil lawsuit, if the plaintiff dies, the beneficiaries and heirs to the plaintiff's estate inherit the lawsuit. The person named in the deceased person's will as his executor, or the person named by the court as administrator of the estate if there is no will, can continue the lawsuit on behalf of the deceased person. If the case settles, the executor or administrator distributes the proceeds to the beneficiaries and heirs. To continue the lawsuit, most jurisdictions require that, within 90 days of death, a notice of death and a copy of the death certificate be filed with the court requesting that a successor to the lawsuit be appointed. A failure to do so could result in an automatic dismissal of the lawsuit. The executor or administrator appointed to handle the decedent's estate should consult with the beneficiaries and heirs of the estate before settling the lawsuit to ensure that there is no dispute regarding the resolution of the case. If the Defendant Dies Similarly, when a defendant dies during a civil lawsuit, the estate is substituted for the deceased person. Most states allow the executor or administrator of the deceased's estate to handle the lawsuit without any input from the heirs or beneficiaries of the estate. As with the death of a plaintiff, in the case of a deceased defendant, it is generally prudent that the executor or administrator consult with the beneficiaries and heirs before agreeing to a settlement in the event that they have any opposition. If the beneficiaries and heirs do agree, however, states generally provide that they cannot later change their minds and reopen the estate to dispute the settlement. Unlike plaintiffs, defendants do not have to file a notice of death since they are not the ones that stand to lose if the lawsuit is automatically dismissed. Regardless, in the case of both a plaintiff and a defendant, the continuation of a lawsuit can be difficult if the testimony of the deceased person is crucial to the case. Shanti Ranjan Behera, Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 5 days ago

My case is related to civil petition in the high Court .The court said respond shall not fill up one vacancy,case is running but by giving the reason of time my case is not taken for hearing and date always extended to 6 months without any hearing.what can I do next? Case is pending from 2 years.

A. You should move Memo of early hearing or dispose case earlier
Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Me ,my brother ,my mother ..we all are Not getting share in father's ancestral property (in punjab).its been 23 years since my father died. Now not getting any clue about what to do.Kindly help

A. Dear Mr.Ridhi A, See if you have the following documents with you. 1. Death certificate of your father from the Authority. 2.Legal heir certificate from the Authority The, you proceed armed with 2 legal documents to get your ancestral property. No body can stop you. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear sir, (1) is it legal to do religion propagation in christian missionary educational institutions? (2) What if they are unaided schools ? (3) Do singing christian related songs during pledge time is a unlawful thing ??

A. Dear Client, 1. No 2.The law is the same whether aided or unaided. 3.No Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 week ago

Hi, In my case the judge is transferred and new judge is appointed as per the general transfers by admin department. I have below questions 1. How much time the judge will take to take up the case? 2. Or I have to give any application for case transfer etc

A. Dear Sir, You need not any transfer application as per schedule that is next hearing date it will taken up by the new judge and disposed in normal course. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

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