queryking
11 October 2009 at 10:34
what is the procedure to serve the notice on the pardanashin women
Adinath@Avinash Patil
10 October 2009 at 20:23
ADVOCATES ACT CASE LAWS----
1)ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT BY APRACTING ADVOCATE-APPELLANT A PRACTCING ADVOCATE WAS REPERESENTING THE OPPOSITE PARTY TO THE RESPONDENT-THAT THE CASE WAS DECIDED ON THE BASIS OF A COMPROMISE-AFTER THE DECISION OF THAT CASE THE APPELLANT/ADVOCATE TOOK A HAND LOAN OF RS.3000/- FROM THE RESPONDENT AND THE APPELLANT ALSO GAVE RESPONDENT A POST DATED CHEQUE AS A MEASURE OF PAMENT –BUT THE CHEQUE WAS BOUNCED-RESPONDENT THEN FILED APPLICATION AGAINST THE APPELLANT FOR PROFESSIONAL MISCONDUCT –THE APPELLANT WHILE TAKING A HAND LOAN WAS NOT ACTING AS AN ADVOCATE-HE WAS ACTING ONLY AS A NEEDY PERSON AND THE RESPONDENT AS A CREDITOR-HENCE THE APPELLANT CAN NOT BE GUILTY OF ANY PROFESSIONAL MISCONDUCT-FURTHER, BY ORDER OF THIS COURT THE APPELLANT HAD DEPOSITED RS.3000/- IN THE REGISTRY-HE IS LIABLE TO PAY RS.1000/- MORE AS A COST TO THE RESPONDENT –PUNISHMENT SET ASIDE AND COMPLAINT DISMISSED.
[1999 SAR [CIVIL] 119.]
2]
A] ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT OR OTHER MISCONDUCT ON THE PART OF ADVOCATE-SCOPE OF- RESPONDENT WAS EARLIER AN ADVOCATE-SELECTED AS A JUDICIAL MAGISTRATE-HE THEREFORE ,GOT HIS LICENCE TO PRACTISE SUSPENDED- AFTER SOME YEARS WHILE IN JUDICIAL SERVICE HE WAS PROSECUTED FOR TAKING OF BRIBE AND ULTIMATELY DISMISSED FROM SEVICE-HE THUS APPLIED TO BAR COUNCIL TO PERMIT HIM TO RESUME HIS PRACTICE AS AN ADVOCATE AND WAS ALLOWED- SOME OTHER ADVOCATES MADE COMPLAINT AGAINST HIM THAT HE WAS DISMISSED FOR OFFENCE OF BRIBERY HE SHOULD NOT ALLOWED TO PRACTCE AND ACTION BE TAKEN AGAINST HIM U/S 35 OF THE ACT FOR PROFESSIONAL MISCONDUCT – IT IS N OT THE CASE OF APPELLANTS THAT AFTER RESUMPTION OF PRACTICE RESPONDENT HAD COMMITED ANY MISSCONDUCT AS AN ADVOCATE- FOR HIS PAST DELIQUENCY HE WAS PUNISHED- PROFESSIONAL MISCONDUCT CANNOT BE COMMITTED BY ANY ONE WHO IS NOT PRACTISING THE PROFESSION OF LAW BEING AN ADVOCATE ON ROLL OF BAR COUNCIL-IN THE CIRCUMSTANCES OF THE CASE THE ORDER OF BAR COUNCIL OF INDIA THAT NO CASE OF PROFESSIONAL MISCONDUCT ON THE PART OF RESPONENT ADVOCATE IS PROVED UPHELD – APPEAL DISMISSED.
B] WORDS AND PHRASES- EXPRESSION “ OTHER MOSCONDUCT” IN SEC.35[1] OF ADVOCATES ACT,1961- MEANING AND SCOPE-DIFFERENCE BETWEEN “PROFESSIONAL MISCONDUCT” AND “OTHER MISCONDUCT”-“OTHER MISCONDUCT” WOULD INCLUDE MISCONDUCT COMMITTED BY ADVOCATE NOT IN HIS CAPACITY AS PROFESSIONAL BUT IS ANY OTHER CAPACITY.
[1999 SAR [CIVIL] 119.]
CASES REFFERED – AIR 1956 SC 102, AIR 1958 AP 209
3] LEGAL PRIFESSION – NATURE AND REQUIREMENTS OF- LEGAL PROFESSION IS A NOBEL ONE HAVING HIGH TRADIIONS-ANY MEMBER OF THE PROFESSION FALLING FROM SUCH STADARADS DESERVES PUNISHMENT COMMENSURATE WITH GRAVITY OF MISCONDUCT.
[1999 SAR [CIVIL] 354.]
4] ADVOCATES ACT,1961-SEC-44- ADVOCATE FOUND GUILTY OF PROFESSIONAL MISCONDUCT AND SUSPENDED FROM ORACTICE FOR 3 YEARS- SUCH ADVOCATE PRACTSING DYRING THE PERIOD OF SUSPENSION OF PRACTICE UNDER DIFFERENT NAME- BAR COUNCIL OF INDIA, ON APPEAL, BY COMPLAINT AWARDING PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS –GUILTY ADVOCATE PREFFERING REVIEW PETITION BEFORE B.C.I. OF SUSPENSION FOR 3 YEARS AND RESTORING ORDER OF ADMONITION PASSED BY STATE BAR COUNCIL-NOT SUSTAINABLE-PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS RESTORED.
[1999 SAR [CIVIL] 472.]
kamaljeet
10 October 2009 at 19:40
we wanted to sell our flat and an recipt
was issued to the party who wanted to purchase the flat he paid advance amt howerver dispute arised because of mode of payment. sale was to be completed od 30th but he filed sepecoific performance suit on
27th. case was start after one year. then we came to know that other party had made changes in the reciept altering the penalty cluse we brought this to the notice of the court but judge refused to listen on the ground that we have brought this to his notice very late and passed the order in other parties favour clearly
a biased deciesion can we lodge a complaint
against the said judge if yes to whome
beside filing the apeal to dbench
y
J. P. Shah
10 October 2009 at 18:19
National Consumer Forum has decided on 28-05-2009 that applicant under RTI Act is a consumer and that non-supply of information amounts to deficiency in service, in following case:
REVISION PETITION NO. 1975 OF 2005
(Against the order dated 1.10.05 in Appeal No.244/04
of the State Commission, Karnataka)
Dr. S. P. Thirumala Rao Vs Municipal Commissioner
Mysore City Municipal Corporation.
I intend to file a Consumer Complaint based on this decision against Tamilnadu State Information Commission, Chennai, for inordinately delayed [310 days delay], defective, incomplete information to my RTI application and for not replying to first appeals, complaints and also another RTI application [which was filed to know status of earlier RTI application].
I have sent RTI applications from Junagadh [Guj] and TNSIC was supposed to supply me information at Junagadh only. I paid fee of Rs.10/- by demand draft from Junagadh.
Please let me know if Junagadh District Forum will have territorial jurisdiction under section 11.2.c of Consumer Protection Act 1986 based on cause of action or I will have to file at Chennai. My claim is for Rs.25000/- only.
Thanks
Rishi Ahuja
10 October 2009 at 17:37
Respected sir,
I have filed a case of custody of my son and also asked for interim i.e vistation
Could please tell me the latest judgement or order over visitation of child till the case is not finalised. and when it is to be decisded.
with kind regards
Rishi Ahuja
10 October 2009 at 17:27
Respected sir,
I have filed a case of custody of my son and also asked die interim i.e vistation
Could please tell me the latest judgement or order over visitation of child till the case is not finalised. and when it is to be decisded.
with kind regards
dhananjay adkar
10 October 2009 at 00:42
Can restoration application and delay condonation application be filed together
rajvinder singh
09 October 2009 at 23:12
There were two brothers .both constructed their houses on the plot of land which they got as per their share.as the plots were on road side both brothers decided to construct the shops on the front portion of plots and they constructed their houses behind the shops.for the purpose of ingress nad egress both kept a common street by leaving 2 feet of land from each plot.in this way 2 feet of land was left on western side by one brother and 2 feet of land was left on eastern side .consequently rasta of about 4 feet com into existence. Both of them used rasta since 1965. Now what happened one brother who was living on western side of my client sold the plot along with his house to some one. In the sale deed there is no mentioning of street which is 30 feet long.the said purchaser again sold the land to someone.this 2nd purchaser now demolished the whole house and started saying that he is the owner of 2 feet of land which was kept for common passage and enjoyed by my client for last 40 years along with his brother. A suit for injuction was filed .status quo guaranted on the basis of lc report. Sir they preferred appeal against the status quo order. Sir please suggest me how to counter the argument that rasta has not been mentioned in the sale deed. Pls suggest other arguments also
Sidharth
09 October 2009 at 17:36
Dear Seniors,
Would like to put my following query befor you for your kind suggestion :
I had approched to SBI for a home loan on the month of April 09 & had a formal discussion with the BM of the SBI. Actually I wanted a home loan of arround Rs 5 lakhs to build a home on my plot. During the discussion BM asked me to keep the fixed deposit of Rs 150000/- at their branch. Infact I am having a savings a/c with very good transaction. However I have kept arround Rs 200000/- as fixed deposit as advised by the BM.
After that I had moved arround him so many days for the disbursement of the loan. Finally BM asked me to furnish the land EC. Then I had brought the EC from the register office & furnished the same to him. Then he told that their field officer will visit the place. But not yet visted. After so many days BM said their marketing officer would visit the construction place & marketing officer will process the same. Meanwhile marketing officer asked me to provide my salary certificate to him through his e.mail & I have forwarded the same to him. Then I had to run arround them so many days. Now finally after six month they said they will not disburse the loan. Infact they have scolded me over phone when I called up to the marketing officer. Marketing officer even doest have the courtcy before using slank word & rude behaviour to me.
So Its my request to you that kindly suggest me what kind of step I should take. Now I know I will not get the loan. But I want them to learn a lesson for harassing existing customer.
I have decided to lodge a complain against the BM & marketing officer before their GM.But I have no Idea how to draft this complain. Already I have address my mater before you. Kindly any one can send me a draft of this complian for which I would be oblige to him / her. Anticipating your quick response.
Regards
Sidharth
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partition suit
A case on house property was disposed with equal rights to all legal heirs. I am a legal heir to the property and the other legal heirs are still not showing interest in disposing/settling the property(even after several months of disposal of case). I would like to know if there is any way I can resolve this other than going for partition suit. If no, what would be the procedure for a partition suit and what is the approximate time period it would take for the suit to resolve and what court fee would I incur?
Thanking you in advance.