Member (Account Deleted)
16 March 2009 at 11:48
Sec. 33.Advocates alone entitled to practice: Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.
Sec. 45.Penalty for persons illegally practising in courts and before other authorities: Any person who practises in any court or before any authority or person, in or before whom he is not entitled to practise under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
These are sections of Advocate Act. Followings are my questions;
Whether a person who is not an Advocate neither LLB can provide legal advise/opinion in consideration of money? If he is not practicing before any court?
In abovementioned sections what is the exact meaning of “practice”? Whether the term includes practice in court only?
imthiyaz
16 March 2009 at 10:51
Dear All,
In our muslim family partition suit dated 1949, which is decreed in 1970, with 11 decree holders,
And the suit is pending in Final decree proceedings now and is adjourned for next month,
After the preliminary decree, some of the defendants have sold the decree schedule properties with out the knowledge of plaintiffs,
And now, Some LR’s of defendants and plaintiff’s have colluded and has executed one out of court panchayat farikhat paper or partition paper for some of the decree schedule properties withut authorization of other LR’s and has approached the Tahsildar to change khata based on that paper,
For which there is case adjourned in tahsildar court, we attended the case last hearing and informed tahsildar that theses properties are also schedule properties of the decree for which the suit is pending in the court,
But the tahsildar is not willing to listen to us he says these people have applied for khata change, I will change it even though the case is pending,
How to prevent Tahsildar from changing Khata.
Or advocate says we cannot make Tahsildar party and ask for stay in court until he writes an order.
We want a stay on on all the decree schedule properties, But our advocate says it is a old suit, court will think we are trying to delay it purposely.
How to proceed..
Gaurav Nanda
16 March 2009 at 07:48
Hi can a person who has done B.A. do LLB after the age of 52 (almost close to be becoming a senior citizen) and then after completing his 3 year law degree practice after 55?
I read somewhere that delhi HC allowed joining of LLB course even for senior citizens but now i am hearing verbally that SC has overturned this, but i am not sure that these r rumors or truth. Please clarify the current status.
shivraj
15 March 2009 at 22:08
Whether civil court has a right to entertain the co-operative matters?
If yes so Please give me the recent judgments relating to the jurisdiction of civil court about co-operative matters Thank you.
SANDEEP GOYAL
15 March 2009 at 10:22
Power of attorney is given by a foreign company situate in Dubai to a person who belongs to another country. Now the aforesaid company want to purchase/sale property in India through its power of attorney holder. But the aforesaid company and the person don't have any office/ residence in India. original POA is given from Dubai office.Can I get registered this POA in India. Please refer me sec. of POA act, 1882 and relevant case law.
And if Company has its office in India but the person doesn't???
vinod bansal
14 March 2009 at 20:54
Sir
Occupents in a private car in third party a policy if received injury than if insurence co. is liable to compensate in MACT.Plz advise. Thanks
skkutty
14 March 2009 at 15:45
i purchased a house on auction under the
SRFAESI ACT.in the registered document conveying the property to me it is stated by the authorised officer that there is no charge or attachment on the
property.after conveyance in the backdocuments given by the bank there is an EC which shows court attachment before the date fo conveyance but after em by bank and it is not vacated.what is my remedy.can i sue the bank for cheating.
Sanjeev Mohan
14 March 2009 at 05:45
Sir,
Is there any ruling to the effect that a document which is requiered by law to be registered, but is not registered; cannot be looked into by the court even for collateral purposes?
Shyam Ji Srivastava
13 March 2009 at 21:57
Dear Members,
A nationalised Bank entered into a agreement with private body for security guards. remuneration of unarmed guards was fixed Rs. 3775/ per month per guards and Rs.7134/ was fixed for armed guards. the person who has signed the agreement manupulated and received payment Rs. 7134/- for unarmed guards from four branches up to 4 months. the bank stopped the payment and also denyed to operate the accounts of the person who has signed agreement. He has filed Civil Suit for Injunction against bank.
whether bank can claim refund of excess payment through counter claim or through fresh suit. suggest immediately
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Draft of first appeal
first appleal to be filed in the high court mumbai agaist the judgement and decree passed by civil judge granting specific performance of an agreement for sale of flat