1Can retired judges use the prefix ‘Justice’ before their name? While practicing as a lawyer, before other High Courts and the Supreme Court can he use the said prefix before his name?
Vijayan
No. They should not do it. Ours is the only country where people carry their offices even after retirement.
2I am 69 years old. My case before the labour court is of the year 1992 and it is yet to be finalised despite court directions. In the process I had reached the age of superannuation. My case was also sent to Lok Adalat and the management did not appear. Is there a way out?
A Srinivasan
Ask your lawyer to oppose adjournment by the management and insist on getting on with the case. Your superannuation may be a factor to deny physical reinstatement. But the court can grant full monetary relief if it decides your termination was illegal.
3 I own a flat jointly with my wife. As a guarantor in a debt the DRT has ordered attachment despite the fact that this property was not a surety for the loan and my wife was not a guarantor for the loan. Is the action taken legal?
Gyanjain
The guarantor’s liability is equal to that of the debtor. If the property is not owned by you, you can move the DRT for lifting the attachment.
4 After working for 19 years as a Veterinary Assistant Surgeon in the State Animal Husbandry Department, I resigned my post. After lot of difficulties I was recommended for minimum pension which itself had not become final. Can I get legal aid?
Rajasekhar Paul D
Since you are not even getting pension and a senior citizen, you are qualified to get the assistance of the legal aid services authority free of cost.
5 In a partition suit between the brothers and father, one brother pleaded oral partition but did not lead oral evidence on the same. When a preliminary decree was sought, the same was denied and the matter is before High Court on revision.
N Venkatasubramanian
The lower court is correct in holding that not leading oral evidence is not conclusive that there was oral partition. You can withdraw the revision before the high court and contest the suit before the trial court. You can still argue that there was no oral partition.
6 While applying for a housing loan from my department, I submitted the original sale deed. The loan is foreclosed, but my original deeds are not returned and the department informs that they were lost. Should a judicial direction for getting duplicate copy help me in future transactions?
C Samuel Sahayam
You can file a writ petition for return of title deed against your department. In reply, if they take the stand of loss of title deed, the court may close the case by recovering the stand of the department and may advise you to apply for duplicate copy. This order may help you to convince future buyers about the bonafides of your losing the originals and having duplicate. Other than that, it may not have any legal value.
7 I own a vacant plot at Kattupakkam and one flat at Tiruverkadu. I want to make a settlement in favour of my wife and thereafter to my two daughters. Though the properties comes under two different registration districts, will one settlement deed is enough?
N Venkatasubramanian
In any way as the properties are self acquired in the absence of any document the properties will devolve upon your wife and two daughters as per the Hindu Succession Act. You need not make any settlement for the same by spending huge amounts. It is enough if you write Will and get it registered in any one of the registration offices. If you still insist on a settlement, and if the properties are before two different registration districts, registration can be done with the state level jurisdictional officer, ie. IG of Registration,
Chennai – 4.