Subject : From whom should the damages be claimed after an accident?
Question : While driving to college one morning, my friend got into an accident where a drunken tempo driver hit her two-wheeler and fell down, suffering from minor injuries. The owner of the temp, however, claims he is not responsible if the driver was drunk because he was not working that early in the morning. Whom should I claim the damages from for the damage done to the vehicle as well as the costs of minor injuries?
Answer by J.P Sharma : You can claim compensation from both owner or driver.
Subject : From whom should the damages be claimed after an accident?
Question : While driving to college one morning, my friend got into an accident where a drunken tempo driver hit her two-wheeler and fell down, suffering from minor injuries. The owner of the temp, however, claims he is not responsible if the driver was drunk because he was not working that early in the morning. Whom should I claim the damages from for the damage done to the vehicle as well as the costs of minor injuries?
Answer by J.P Sharma : You can claim compensation from both owner or driver.
Subject : Gift deed
Question : If a gift deed is made by any member of the girls house after the death of the father and takes her sign can the deed be challenged later on ? (Under Hindu law)
Answer by J.P Sharma : Yes it can be by filling civil suit for declaration .
Subject : Gift deed
Question : If a gift deed is made by any member of the girls house after the death of the father and takes her sign can the deed be challenged later on ? (Under Hindu law)
Answer by J.P Sharma : Yes it can be by filling civil suit for declaration .
Subject : Draft of legal notice to the builder for damage of flat
Question : A flat was purchased from a builder
Whe n handed over leakage prioblem. And now the buider is not able to rectify the problem and is not givig the possession of the flat
Answer by J.P Sharma : Kindly provide the draft of contact/other deed entered between you ,so proper notice may be issued
Subject : Draft of legal notice to the builder for damage of flat
Question : A flat was purchased from a builder
Whe n handed over leakage prioblem. And now the buider is not able to rectify the problem and is not givig the possession of the flat
Answer by J.P Sharma : Kindly provide the draft of contact/other deed entered between you ,so proper notice may be issued
Subject : Draft of legal notice to the builder for damage of flat
Question : A flat was purchased from a builder
Whe n handed over leakage prioblem. And now the buider is not able to rectify the problem and is not givig the possession of the flat
Answer by J.P Sharma : Kindly provide the draft of contact/other deed entered between you ,so proper notice may be issued
Subject : Need guidance in judgment matter.
Question : I want to know whether the orders and judgments passed by Supreme Court of India in Civil Cases and Criminal cases are applicable to consumer protection act, that too in medical negligence cases?
Along with this I want to know whether CPC and CrPC acts are applicable to consumer cases also?
Answer by J.P Sharma : Yes
Subject : Need guidance in judgment matter.
Question : I want to know whether the orders and judgments passed by Supreme Court of India in Civil Cases and Criminal cases are applicable to consumer protection act, that too in medical negligence cases?
Along with this I want to know whether CPC and CrPC acts are applicable to consumer cases also?
Answer by J.P Sharma : Yes
Subject : Need guidance in judgment matter.
Question : I want to know whether the orders and judgments passed by Supreme Court of India in Civil Cases and Criminal cases are applicable to consumer protection act, that too in medical negligence cases?
Along with this I want to know whether CPC and CrPC acts are applicable to consumer cases also?
Answer by J.P Sharma : Yes
Subject : if any person is tenent of one shop and lAND lORD has no lease deed or other proof
Question : what remeady is availbel agaist tenent
Answer by J.P Sharma : If property is available at Urban area than you can file eviction petition for eviction of tenent and if property is available at rural you can file suit for possession.
Subject : if any person is tenent of one shop and lAND lORD has no lease deed or other proof
Question : what remeady is availbel agaist tenent
Answer by J.P Sharma : If property is available at Urban area than you can file eviction petition for eviction of tenent and if property is available at rural you can file suit for possession.
Subject : Information about Writ Petition.
Question : Hello Sir, I have filed second time complaint in NCDRC after the discovery of new facts based on fresh and continues cause of action in my medical negligence case. After giving ample evidence from 4 doctors the judges have given judgement that the case is not maintainable the second time and there is no medical negligence in my case.
I have filed a Review Application in the above matter and it is over a month but the judgement is not yet pronounced.
In the mean while I was thinking whether I can file a Writ Petition in Supreme Court in my medical negligence case as I have not got natural justice from any court in the past 15 years.
The NCDRC has held the operating surgeon guilty for not taking consent of the adult patient in my first complaint which was decided by the court in 2014, but the court has overlooked the illegalities of the hospital and other mistakes of the surgeon as not doing pre-operative test, doing incomplete operation, not attending the post operative complications, not doing post-operative test as advised by the visiting doctors etc. because of which my disability is increased and I am not able to earn my livelihood.
Under all this points can we file a Writ Petition in Supreme Court??
Answer by J.P Sharma : No
Subject : Information about Writ Petition.
Question : Hello Sir, I have filed second time complaint in NCDRC after the discovery of new facts based on fresh and continues cause of action in my medical negligence case. After giving ample evidence from 4 doctors the judges have given judgement that the case is not maintainable the second time and there is no medical negligence in my case.
I have filed a Review Application in the above matter and it is over a month but the judgement is not yet pronounced.
In the mean while I was thinking whether I can file a Writ Petition in Supreme Court in my medical negligence case as I have not got natural justice from any court in the past 15 years.
The NCDRC has held the operating surgeon guilty for not taking consent of the adult patient in my first complaint which was decided by the court in 2014, but the court has overlooked the illegalities of the hospital and other mistakes of the surgeon as not doing pre-operative test, doing incomplete operation, not attending the post operative complications, not doing post-operative test as advised by the visiting doctors etc. because of which my disability is increased and I am not able to earn my livelihood.
Under all this points can we file a Writ Petition in Supreme Court??
Answer by J.P Sharma : No
Subject : Whether compramise degree be challenged
Question : What should we do
Answer by J.P Sharma : Yes
Subject : Whether compramise degree be challenged
Question : What should we do
Answer by J.P Sharma : Yes
Subject : Nsqf vocational trainer in delhi govt schools appointed by companies not get any revision sice last 5 years . Neither get salary on time and now contract terminated on 31/03/20 What to do and which provision of law can help???
Question : Nsqf vocational traine appointed in delhi government school under central scheme of vocationalisation of education..they never get salary on time, their salary not revised since last five years, all are masters and have experience of industries and get salary of 17900 in cash, not terminated their contract on 31 march 2020..they given their peak carreer time ..What to do
Answer by J.P Sharma : You have to approach the Honble high court by way of writ petition.
Subject : Whether compramise degree be challenged
Question : What should we do
Answer by J.P Sharma : You can challenge the compromise Decree but that can be challenged on the limited ground of fraud, misrepresentation etc.
Subject : Someone filed a case against me in police station police enquired and didn't arrested me and I didn't took a bail is that a pitty case?
Question : Someone filed a case against me in police station police enquired and didn't arrested me and I didn't took a bail is that a pitty case?
Answer by J.P Sharma : If offence alleged is cognizable and non bailable than police can arrest u any time without any permission from the court and for ur safety u apply for anticipatory bail.