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Queries Participated

Anonymous   21 May 2018 at 20:56

Adoption

can a male above 85 yr adopt a person of 50 yr. adoptee"s father & mother died.but since 5 yrs such 50 yr grown up person is living with such 85 yr old man.
can he adopt him now or not ?
thanks in anticipation

santosh khaparde   23 September 2016 at 14:40

crpc 164 statement retract during trial

can victim retract statement given before FIR before Magistrate u/s 164 crpc under offence of IPC u/s 366, 376(2)(g)during trial after backdrop of nirbhaya case dec-2012,
What is major amendment u/s 164 statement ?

is victim cross examination abort ?

can accused demand statement u/s 164 before accused of victim?

kuldeep kumar   28 October 2015 at 16:17

Who is own merit candidate

sir kindly explain me below
(1) when a reserved category candidate e.g a sc candidate secures more marks than the cut off marks fixed for general category then is it compulsory for the commission conducting exam that such reserved category candidate be placed in general list?
(2) if ans to my above ques is yes then if such reserved candidate has availed age relaxation i.e (upper age limit for sc candidate is not exceeding 35 yr)then such a reserved category candidate is to be placed in general merit list or not ??

(3) if the last 4 general category candidates are securing 150 marks in any given examination for final selection(written test followed by interview) and if there is a reserved category candidate available who also secured 150 marks but not taken in general list then IS THERE ANY RULE THAT why such 150 marks securing candidate is not taken in general list.

moreover the name of such reserved category candidate is placed above those 4 general category candidates in overall merit list..

such unreserved candidate even did not avail age relaxation i.e he being 29 and less 30 has passed exam..

my general plea is that what are the rules for placing reserved categry candidates in general merit list untill all vacancies for general categories are filled...

thanks to learned advocates

kuldeep kumar   20 June 2015 at 22:58

Cheques

a person has drawn a beares cheque for 15 lac rp to one of his son...he has 2 more sons..they object for it..can this bearers cheques be taken back in case it is encashed already?
his excellency is pleased to comment

kuldeep kumar   14 April 2014 at 18:33

Regarding amendments

as of now more than 98 amendments are passed..some pending some passed..total comes around 118..but answer all over is total of 98 amendments have been passed till today..
so far articles are concerned they hv reached 448 ..its an academic vs expert ques
im interested to knw how number increases in amendments ..there are other amendments passed but figure is at 98 not more than 98

if some1 knws anseer
tnx

SANGAMESWARA RAO DHUPAM   02 February 2014 at 21:08

Regarding unregistered will

Respected Sirs,
One person executed a Will bequeathing his self acquired property in favour his elder son and wife and the Will was registered in the office of the Sub-Registrar. After one year the Testator executed another Will reciting that he already wrote a Will and it was registered in the office of the Sub-Registrar and now he cancels that Will and executed this Will bequeathing his property to his second son and his wife. The present Will is not registered. The Testator died. Now the elder son raised objection that the Will previously executed in his favour was a registered Will and the present Will is not registered and hence the un registered Will is not valid since the previous Will is not cancelled through a registered Will. Sirs, Please clarify in this regard.

Ratna Singh   17 January 2014 at 14:44

Rights once waived in ancestral property is to be regained.

Is there any provovision in law that rights once waived in ancestral property for a definite purpose can be regained? The facts are,that there are 4 legal heirs in an ancestral property.2 of them are well off and the rest of 2 needed to take loan by mortgaging the whole property. To facilitate the porpose the first 2 brothers waived their rights in the property by executing a registered document. All the four made an oral agreement for the purpose. Accordingly all the four are contributing for the installments of the loan to help the 2 brothers. When
the whole loan will be paid and the property will be free the first two brothers who have waived their rights will regain their rights over the property. These two brothers now fear that the sons of the other two brothers may object their regaining of their rights and make use of the registered document of waiver of rights. Can this agreement be made into written and registered? Is this type of agreement lawful? What is the provision in law that supports it?

sridhar pasumarthy   17 January 2014 at 14:04

Criminal revision

Respected Experts,

In a criminal case of Section 304A IPC, the SHO recorded the confession statement of the accused (driver of lorry) and registered the same as FIR.

During the course of trial, when the prosecution wants to mark the FIR as Exhibit through I.O., I filed an application not to mark the same as it is hit by Section 25 of Evidence Act which says that "No confession made to a police officer shall be proved as against the person accused of an offence."

Though I cited a landmark judgment of Apex Court, the Hon'ble Magistrate was pleased to dismiss the petition.

Hence, against the said order, i want to prefer revision before Sessions Court.

My queries are :-

1. Whether the order passed by the magistrate in the above referred application is interlocutory or not?

2. Whether Criminal Revision is maintainable against the said order before Sessions Court?

3. What is the remedy available to the aggrieved person/accused in the above situation?

Pls clarify. Thanks in advance.

Anamika agrawal   17 January 2014 at 10:16

Partition in fathers property

Hi,

Can a married daughter claim a partition in fathers property? If yes then what is the procedure to claim partition? is there any ground to claim partition under Hindu Succession Act?

Please answer as early as possible.
Awaiting for response.
Thanks in Advance.

AAK   16 January 2014 at 17:36

Ni act

Dear Experts

please advice

'A' has issued cheque to 'B' for some commerical transaction but the same is dishonoured. 'A' has intentionally given wrong address to 'B' while making transaction. Now 'A' is trying to issue notice u/s 138 but the same is returned with an endorsement as 'no such person in this address'. 'A' has asked the concerned bank where 'B' has his account to give his address but the bank has refused to give the same stating that its privileged communication between bank and its customer.
Is this endorsement is good enough to initiate NI act process? Is there any alternative to find out the address? If 'B's address is not found what is the best remedy?

plz advice