Team Legistify | Legistify

Team Legistify
Answered on 20 Oct 2019

An application for amendment of cause title can be filed to amend the heading of an appeal filed in the arbitral award. The application must include the reason for such amendment and the court may or may not accept such application.Read More

Posted on 20 Sep 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 12 Oct 2019

In such a case you can file a case in High Court for which you can consult a property lawyer in India.Read More

Posted on 17 Sep 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 12 Oct 2019

You can either send the legal notice to CHS if they are charging extra amount which is not be paid by you. If they dont stop and dont acknowledge the legal notice, consumer case can be filed with the help of a consumer protection lawyer.Read More

Posted on 01 Oct 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 30 Sep 2019

Drafting the documents for court matters requires knowledge of the laws, legal terms and complete drafting format. I advise you to consult a lawyer to draft and represent your matter.Read More

Posted on 23 Sep 2019 | 1 Answer

Advocate Mohd Mahboob | Legistify

Advocate Mohd Mahboob
Answered on 23 Sep 2019

Yes, any commercial activities require a trade license which includes running a school in India.Read More

Posted on 13 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 14 Sep 2019

If an appeal is pending before the District Court of the temporary injunction under Order 39 Rule 1 and Rule 2, the lawyer has filed an application of stay before the court with the pray to grant a stay on the proceeding of lower courts. If the lawyer had not done the same, you can file an application under section 151 of CPC for granting Stay.Read More

Posted on 12 Sep 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 10 Sep 2019

In case of a dispute with another member or a grievance over certain practices adopted by society, you should ideally lodge a complaint with the managing committee. The latter needs to respond within 15 days of receiving your complaint. If there is no response during this period, you can approach the deputy registrar’s office, which regulates matters pertaining to housing societies, including the transfer of shares, maintenance of records, improper use of funds and unfair electoral practices. The deputy registrar’s office can issue a show-cause notice to your society, asking it to explain its stand. Consult a civil lawyer in India to initiate legal action.Read More

Posted on 09 Sep 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 31 Aug 2019

A motion to dismiss can be filed on a variety of grounds, which are based on legal deficiencies. Some common grounds for filing a motion to dismiss include: Insufficient Service of Process: The complaint and summons weren't served properly. Statute of Limitations Has Expired: Each state has "statutes of limitations," or time limits in which certain lawsuits can be filed. Lack of Subject Matter Jurisdiction: In order for a court to rule on a case, it must have "subject matter jurisdiction," the authority to hear a particular type of case. Lack of Personal Jurisdiction: Similarly, a court must have "personal jurisdiction" over a defendant in order to make a decision involving the defendant. A court has personal jurisdiction over a party when he or she is a resident or has "sufficient minimum contacts" with the jurisdiction where the lawsuit has been filed. Improper Venue: Even when a court may have personal jurisdiction over the parties, it may be the improper "venue," which refers to the specific location of the court (based on state laws). Failure to State a Claim for Which Relief Can Be Granted: There are a variety of requirements with which a plaintiff must comply when filing a complaint, including a valid cause of action. A motion to dismiss may be granted if the plaintiff's complaint fails to adequately allege all of the elements of a claim or if the complaint fails to allege a measurable injury. Therefore, according to the last point mentioned, if the cause of action isn't valid or is false, a person can file a Motion to Dismiss.Read More

Posted on 30 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 30 Aug 2019

A succession certificate is given to the successor of a deceased person who has not prepared a will in order to establish the authenticity of the successor and also to give the certificate holder an authority over the deceased person’s debts and securities. The payment of debts of the deceased person and also the transfer of the securities of the deceased person can be made by the certificate holder even before the legal heir to the property of the deceased is established. A succession certificate is issued by the district judge of the relevant jurisdiction. The relevant jurisdiction would be where the deceased person ordinarily resided at the time of his death or if no such place is available, the jurisdiction within which any property belonging to the deceased may be found. The main purpose of this certificate is to provide protection to all parties paying debts where such payments are made in good faith. The certificate holder is also empowered to receive any interest/dividend on the securities and negotiate or transfer such securities as mentioned in the certificate. Thus all payments made to and by the certificate holder on behalf of the deceased person will be legally valid. However, this does not necessarily mean that the certificate holder is the owner of the securities or the legal heir. The legal heir/heirs are determined by a separate procedure of law.Read More

Posted on 19 Aug 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 27 Aug 2019

Nursing homes, hospitals have to report to them or give you a certificate for further process. RTI Right to information is good enough for it if any hurdles occur. Call your state vital records agency and find out for sure if you need a court order in the first place. If you do, contact the clerk of court in your jurisdiction for the procedure necessary to file the request.Read More

Posted on 26 Aug 2019 | 1 Answer