S. Raghuraman
12 October 2009 at 16:50
Kindly clarify:
I have not settled the final bill from BSNL for Rs.2222/- before my request for disconnection. I requested them to adjust the bill against my deposits totalling in all to around Rs.3000. Their records show only Rs.500/- to my credit before adjustment of the said bill. They claim that they have the right under the Indian Telegraphs Act to get terminated the services provided to me by other service providers in case I do not pay the said sum early. Do they have this right?
allurisivajiraju
11 October 2009 at 20:02
Respected Seniors,
One Mr. X filed a Debtor Insolvency petition. There in Mr. X stated that one of his creditor Mr. Y approached him and stated that If you (Mr. X ) transfers all of your properties in my name then i will clear all the debts. Mr. X relied upon the words of Mr. Y and that all of his properties transfered in the name of Mr. Y by way of agreement to sale cum General power of Attoprney. By taking advantage Mr. Y trasfers the said properties in name of his friends and relatives by way oif sale deeds. Hence Mr. X filed the said Petition and prayed the Hon'ble Court that punish Mr. Y according to law and cancel the documents executed by Mr. Y in favour of his friends and relatives and also daclare him as an insolvent. The said Petition was filed by Mr. X with in the 90 days from the date of documents which were executed by Mr. Y.
In the above circumstances what is the legal remedy available to Mr. X.
Thanking you sir in advance.
dewakar
11 October 2009 at 16:20
Can we file a suit for declaration declaring a major hindu be the adopted son of female widow having age difference more than 25 years? any legal impediments please?
tharun
11 October 2009 at 14:40
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.
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
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Civil Suits
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