LegalCrystal – Blog

There is difference between seizing of a document and impounding a document.  A seizure is made at a particular moment when a person or authority takes into his possession some property which was earlier not in his possession.  Thus seizure is done at a particular moment of time.  However, if after seizing of a property or document the said property or document is retained for some period of time, then such retention amounts to impounding of the property/or document. [Date of Decision 24/01/2008 Suresh Nanda V/s C.B.I. ]2008AIR SCW 898].- to see detailed judgment kindly visit www.legalcrystal.com]

AN USEFUL LEGAL TIP FOR ALL:

BE CAREFUL- [BE TRUTHFUL] !YOUR ORAL EVIDENCE  COUNTS TILL THE END!

ORAL EVIDENCE YOU ADDUCE IN A WITNESS BOX AND THE DOCUMENTS YOU PRODUCE IN A COURT OF LAW IS VERY VERY IMPORTANT-  IT PLAYS A VITAL ROLE IN DECIDING YOUR CASE THROUGH OUT.  EVEN IF YOU GO ON AN APPEAL FURTHER, YOUR ORAL EVIDENCE ADDUCED IN THE LOWER COURT HOLDS GOOD TILL THE END.

Dear Readers,

In my opinion many of the cases fail because of bad oral evidence lead by the party and for non production of proper documentary evidence.  So I urge through this medium that parties should be thoroughly sensitized before they enter the witness box in a Court of Law.  Many a time I have observed in the Courts,  people whether they are literate/illiterate, urbanite or a rural folk they adduce evidence so casually without realizing the consequence or the impact that word will have on their case.  They behave so causally!  Only few people will have a focused mind set and such people narrate the facts properly.  We see another set of people who are otherwise worldly wise and in the Lawyers chambers they act very smart and they understand the impact of the points to be adduced but when they stand before a judge in the witness box they instead of revealing the exact truth and fact , I don’t know out of servile attitude or because lack of knowledge of court room and the impact of their behavior and conduct that will have on their case – when a question is put by an advocate or by the court, instead of revealing the truth they say something else.  Such people I feel instead of losing the case, better to give a Power of Attorney to a relative or friend who will have balance of mind and thought and who is capable of adducing proper evidence to support the case properly.

SEX  SELECTION Before conception or thereafter, the Sex Selection  amounts to Violation of Woman’s right to life. It violates Article 39(e) of the Constitution which states the principle of state policy that health and strength of woman is not to be abused.

Sec.2 of Prenatal Diagnostic Techniques Regulation and Prevention of Misuse Act(57 of 1994) which  imposes ban on sex selection do not violate equality clause of the Constitution.  Facts and figures shows decline in number of girls as compared to number of boys! If use of said techniques are not banned it would result in unprecendental imbalance in male to female ratio having disastrous effect on society!

Though sex selection before conception would not amount to female foeticide indirectly same result is achieved.  The whole idea behind sex selection before pre-conception is to go against the nature and secure conception of a child of one’s choice.  It can prevent birth of a female child it is as bad as foeticide.[NOC 244 (Bom) (DB)(D)]

It s Morning, a ver y good morning. Finished all mundane activities and got ready, exactly by 8 a.m. The Advocate is in the Office.  Clients crowd everywhere.  All the files for the day arranged Court Hall number wise [High Court] , and lo wer Cou rt files according to the Building (venue) and the floor(storey) wise and jurisdiction wise.  Attending to clients one by one and advising appropriately.  Some need extra counseling and so me are very smart.  All objections/ I.A.s/ Defense/ and the new filings according to the Court(venue) wise arranged to file the same and all the receipts with C.R. number to collec t the copies applied are kept in the bag in tact.  And all the sewing kits required to comply in the office are kept inside the Court Bag.  All supporting citations Xeroxed and the affidavits to be attested before filing and the process to be paid in the counters, copy the applications to be filed and keep the money ready to obtain D.D’s./ in respect of court fees to be paid or Cost imposed for delay in filing Objection/defence or leading evidence.  Court Dairies in the Bag without fail and a Big list of follow up work , i.e, fill missing hearing dates on the files, look into court files in some cases to know the exact position,  File memo for postings, vakalath, copy applications etc. etc.

Assigning/allotting the work to young colleagues according to their experience and availability and interest to share the burden of ‘court shout’.

After a great ordeal of road traffic the Advocate arrived!

Its 10.30 – In the High Court jumping* from one Court Hall to another according to their listing. Though made a wise choice (list) of Courts to be attended according to the ‘time of reach’  it happens so, it depends on the availability of the other advocates listed earlier to ours or a particular judge arrives late or the advocates seek time or some advocates/judges will have to spend more time for detailed deliberations in some cases or if some judge is on leave, the same is assigned to some other judge and the same will be called after the cases for that particular court is called and heard.  Some cases are listed for 2.30.  Some cases waiting to be attended in the list no.2,3,4,5 so on… sometimes moving fast through the list otherwise at the end adjourned or sometimes ordered randomly!

*jumping with the anxiety of getting an Order of injunction or Order of vacation of injunction/ or ordeal of seeking time to get cogent additional evidence / to get appropriate citations / to make a move for compromise or to get thoroughly prepared or to escape from presenting the case before a particular judge because many a time the decision also depends on the temperament/sensitivity and perception /application of mind of particular judge. Anxiety of getting the case filed dismissed for whatever reason the court finds it appropriate!   Anxiety of protecting the clients interest amidst all loose ends and odds inherent in the case.  Anxiety of keeping all the points intact in all the cases to be represented and being ready for the attacks of the opposite side.  Anxiety of urgent matter which needs final disposal not reaching even at the end!

Amidst all these fight calling junior colleagues over mobile to find out what happened in each of the courts and managing the time to jump from High Court to City Civil Court to Magistrate Court to Mayo Hall to Consumer Forum Cunningham road to Seshardripuram to Cauvery Bhavan and after attending ‘kept by’ evidence matters and arguments, back to High Court.

Its 4.30-5p.m., the Advocate leaves for evening office. Clients overcrowded. Some for new consultation and some for tomorrows hearing.  Attending to the clients and preparing for the next day : all typing work, research work, List of High Court cases etc. etc. Its 9.00p.m. and finally its time to go home and attend to the family needs!

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TAGS:BANK LOAN / CONSTRUCTION LOAN / DOCUMENTS FOR HOME LOAN IN INDIA /  LINKS:  US / UK / JAPAN / GERMANY / AUSTRALIA

• LAYOUT PLAN OF THE SITE

• ALLOTMENT LETTER FROM APPROPRIATE AUTHORITY.

• APPROVED BUILDING PLAN.

• “NO ENCUMBRANCE CERTIFICATE “FROM APPROPRIATE AUTHORITY.

• COMMENCEMENT CERTIFICATE.

• A DETAILED ESTIMATE OF COST OF CONSTRUCTION AND PHASES OF CONSTRUCTION.

• NO OBJECTION CERTIFICATE TO MORTGAGE THE PROPERTY.

A bank appoints a technical officer to evaluate a home loan application. The technical officer verifies the original documents, title certificates, clearance certificates, guarantees, security documents, income certificates, address proof etc.  Further, all the furnished information is cross checked with the records and documents submitted.  Each bank may have different criteria.  As such, the required documents may also differ from case to case.

OTHER USEFUL LINKS:

India :

http://www.gharabari.com/doc%20for%20Home%20loans.asp

US :

http://www.wikihow.com/Get-a-Construction-Loan-(US)

Germany :

http://www.goftp.com/qna/What_kind_of_documents_do_i_need_to_appy_for_a_loan-qna4832.html

Japan :

http://www.loanpage.com/questions/what-kind-of-documents-are-required-for-a-loan.aspx

Australia :

http://www.xinc.net.au/home_loans/documentation.html