#Will and Legal Representation

[seemabhatnagar]

"Jharkhand High Court Sets Aside Substitution Order, Directs Fresh Consideration of Will and Heirship"

The Ranchi High Court set aside the substitution order of the Trial Court based solely on an unverified will, without addressing competing claims of natural heirs.

➡️The *case I am sharing with you today arises from a dispute of Title Suit, filed by the Plaintiff Ram Dulari Devi against the defendant, Diwakar Chandra Pandey, seeking cancellation of a sale deed and declaration of rights over a disputed property.

◆ After the plaintiff’s (Ram Dulari Devi) death in 2017, Dhruo Shankar Dubey filed an application under Order 22 Rule 10 CPC to be substituted as the plaintiff, claiming rights under a will allegedly executed by the deceased.

◆ The trial court allowed his application, which the defendant challenged on grounds of non-submission of the will and exclusion of the deceased plaintiff's natural legal heirs (four daughters and their descendants).#substitutionoflegalheirs #willandlegalrepresentation

➡️The primary legal issue in this case was whether the trial court erred in substituting Dhruo Shankar Dubey as the plaintiff based solely on an unsubstantiated will, without considering the claims of the deceased's natural legal heirs and procedural requirements under Order 22 Rule 5 CPC.

➡️The Petitioner (defendants in title suit) contended that

◆ the will was not annexed to the substitution application, and its validity was unverified.

◆ the deceased plaintiff had four daughters and heirs of a fifth daughter, who were natural legal heirs and should have been included.

◆ the application was filed under the wrong provision (Order 22 Rule 10) instead of Order 22 Rule 5 CPC.

➡️The Opposite Party (Substituted Applicant in title suit) asserted that

◆ the probate was unnecessary for substitution under the will.

◆ the will was filed with other documents and was not contested by the defendant.

◆ the procedural defect in the application’s citation was immaterial as the relief sought was clear.#naturallegalheir

➡️The High Court observed that

◆ The trial court failed to consider that the "deceased had natural legal heirs" (four daughters and heirs of a fifth).

◆ The will, which formed the basis of substitution, was not submitted with the application but later with a document list.

◆ Both natural heirs and the applicant claiming under the will should have been impleaded to represent the deceased's estate.

◆ The court referenced precedents emphasizing the need for a summary inquiry under Order 22 Rule 5 CPC when rival claims regarding legal representatives arose.

➡️ The High Court set aside the trial court's order allowing the substitution of Dhruo Shankar Dubey, it directed the trial court to conduct a summary inquiry under Order 22 Rule 5 CPC to determine the legal representatives of the deceased plaintiff.

*Case Diwakar Chandra Pandey v. Dhuro Shankar DubeyCMP 228/2023, Before the Jharkhand HC at RanchiHeard By Hon'ble Mr. Justice Subhash Chand J

[somecunttookmyurl]

currently trying to patiently explain to my GP surgery that whilst they "may not ordinarily" issue a certificate signed by a doctor for prescribed medications there is no law against it but there is a law against me trying to take lisdexamfetamine -a very controlled substance- into Japan without one so that should probably take precedence

[lifeisstrange-incorrectquotes]

PLEASE STOP HARASSING DECK NINE DEVS AND LIS PLAYERS WHO DON'T AGREE WITH YOU.

Death threats are not okay.

Telling people to kill themselves is not okay.

Harassing people over fictional ships is not okay.

Harassing people over their opinion of a game is not okay.

Harassing already overstressed, overworked employees is not okay. ESPECIALLY since it's been documented they've been working under discriminatory and predatory management, been through multiple crunches, and have an unidentified neo-Nazi on their team who management did not properly address and fire.

You can still be critical of a game and not harass the people who made it. Hell, you can absolutely hate a game and still be respectful to the people who made it. I'm sure the creators are far more likely to listen to the fans if we give constructive criticism than if we irresponsibly and cruelly send threats.

I know most people who see this haven't sent hate, and to those people: this post isn't about you. I massively respect you for maintaining your rationality and empathy. But for those who have sent hate or are thinking of doing so, please reconsider. Sending hate isn't going to change anything; it'll only break the fandom even further apart and stress out overworked employees. If you're going to be mad, be mad at the higher-ups at Square Enix for turning the franchise into a cash cow and at the upper management at Deck Nine for overworking and alienating their employees. (Also be mad at that 1 neo-Nazi because seriously, WTF!?)

But please, even to the worst of the worst, do not send death threats or harass people.

[m4ggotm0ld]

“Let people ship what they want!” Let queer people have representation

[joehills]

Welcome to Frogtober! Let's get hopping!

Mumbo needs a lawyer, and I can help!

Maybe I can help Pearl too?

[yellowtrinity]

this bit at the end of the ace attorney movie has been bouncing around in my skull ever since i first saw it

the idea of phoenix willingly defending someone he's already proven guilty (who tried to frame someone he cares about, no less) but whose circumstances he still sympathizes with is SO FASCINATING to me... i know it's not the point of the games but i wish this could ever be explored beyond a throwaway line

[cantquitu]

Maya Henry spoke about Liam Payne's abuse during their relationship in a podcast about stan culture with two young podcasters (one was a 1D fan growing up).

It's clear that the mainstream press is reluctant to cover her story since she named Liam, but she's lawyered up and ready to talk.

[bananonbinary]

this is a stupid pet peeve but i keep seeing people call dracula a feminist work and like....no. that's not what that means.....

there's a difference between "a book with decent female characters" and "a feminist work" yall are killing me i do not think dracula 1897 by bram stoker is particularly about women's rights or like. suffrage or anything that feminism as a political movement was fighting for at the time??

[alwaysbewoke]

[nemesis-is-my-middle-name]

and happy pride to these assholes. it's still june so i can technially still make that joke right

[themoongirls12]

230601 | Star News: “Non-existence of contract with former agency” - Chuu’s lawsuit to conclude on August 17.

© gointosubbit

[thee-rat-king]

Suits fans, I have not seen much of your show, however the draw appears to be morally ambiguous lawyers, interpersonal office drama, and homoerotic subtext. If this is the case, may I present

✨BOSTON LEGAL✨

It ran from 2004-2008 (5 seasons) it’s technically a spin off of The Practice but you do not need to know ANYTHING about that show to watch Boston Legal.

The revolving cast of Main Lawyers are varying degrees of morally ambiguous, many of them commit crimes at some point. There’s so much fucking office drama and 90% of it is actually engaging. And while there is A Lot of homoerotic subtext, there’s also a decent amount of homoerotic text. “I love you” and “you’re the most important person in my life” and “we’re sleeping together” and “will you marry me?” type homoerotic text.

^^ these quotes are all canon, and are between the Main Character and his best friend/mentor/life partner/the man who hired him when no one else would/the proposal is not a joke they get married in the season 5 finale.

I’m not kidding Boston Legal is like. THE best rep of a QPR I’ve even seen on television.

It’s also fun and goofy, has some great dialogue on living and aging and how people respond to terminal diagnoses, and a really interesting time capsule into early 2000’s American politics.

It also has NO CURRENT FANDOM! (other than me). And since Suits appears to be its closest cousin in television that does have fandom i’m very politely beseeching that some of you jump ship to one of the other deranged lawyer shows.

This is Alan! Main character. Main lawyer guy. He’s funny and irreverent, does whatever he can to protect the disenfranchised and at one point he beats up a man for committing elder abuse.

This is Denny! Denny Crane. He’s a named partner at the firm (Crane, Poole and Schmitt). He’s also Alan’s soulmate, and a republican which is so that the more liberal Alan can debate him, usually on The Issue Of The Episode. He also has early stage alzheimers, which develops over the course of the show. And yes, him and Alan are the most important relationship of the show. And they do get married in the finale. (Yes that’s William Shatner).

This is Shirley!!! In Crane Poole and Schmitt, she’s Schmitt. She’s one of the most competent lawyers at the firm, and some of the best “women over 25 are hot and desirable” writing I’ve ever seen. (Most of the other main characters on the show are legitimately attracted to her, and it’s never treated as a joke. And she’s dated a lot of different men over her life and the narrative doesn’t slut shame her for it - the characters that occasionally do are always framed as In The Wrong.) she is very much The Voice of Reason to a lot of Alan and Denny’s antics.

There’s also a vibrant cast of partners, associates, assistants, clients, judges, exes, and cameos.

(Content Warning for This Was Written In 2004 And Some Things May Have Aged Poorly.)

Please dear god someone take the bait and watch this the cases are interesting the characters are funny I need the fandom to be more than Just Me.

Is there anything else I can add?

Alan tells the Supreme Court to go fuck itself in two seperate episodes. (There’s a lot of other stuff send me an ask if you want more Boston Legal is the best propaganda I fucking love this show)

Happy viewing! (It’s on Disney+. Or wherever you get your shows.)

[emo-eyemakeup-evildude]

[dufrau]

LAST PINK DRINK FRIDAY AS A 40 YEAR OLD. Featuring a drink that is not pink, an entire fish, my boots, and my t shirt positioned unfortunately so that you cannot read the word TOPS which is what it says.

[thursdayglrl]

man i love being held hostage in the us of a

[sparkles-oflight]

Everytime I think about the possibility of Jan being queer, I remember his degree is on Mathematics...

Omg, he's out there beating the allegations of gays not being able to do math 😍