LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ajeet bhandari   12 October 2009 at 17:12

As is where is condition

Recently i had bought property sold by bank through auction . Constructed building is 5 floor.I had already paid 25% towards cost of property.
Now i understood that building constructed on it is Unapproved and Unauthorised.Unauthorised construction was not mentioned by bank in there advertisement of auction Where as they had mentioned "As is where is Condition".Now i understood that only 1+1 Floor is approved construction.So please please suggest me remedy for this problem and let me know the defination of As is where is co9ndition.

S. Raghuraman   12 October 2009 at 16:50

order by BSNL to other telephone service providers

Kindly clarify:
I have not settled the final bill from BSNL for Rs.2222/- before my request for disconnection. I requested them to adjust the bill against my deposits totalling in all to around Rs.3000. Their records show only Rs.500/- to my credit before adjustment of the said bill. They claim that they have the right under the Indian Telegraphs Act to get terminated the services provided to me by other service providers in case I do not pay the said sum early. Do they have this right?

Pawan Patil   12 October 2009 at 16:32

Domastic Voilence Act 2005

Sir

My wife has petition case for maintenance (Podagi ) at pimpari Court under domestic Violence Act 2005.

I have made put up case in Pune Court for divorce on cruelty bases on 2007?

The case on going on

My wife has also made petition case at Kalyan court for maintenance

The said case is also going on

I have no job at right now, How much I have to pay maintenance (Podgi) her as per domestic Violence Act 2005 ?

Regards,Choudhari Vilas





Shivasurya   12 October 2009 at 16:10

Tamilnadu Government G.O.

Dear experts, I need a copy of G.O.M.S. No.311, dated 09-02-1975, issued by Government of Tamilnadu regarding land ceiling/land acqiusition. In the year 1960, the Government of Tamilnadu acquired land from its owners and by G.O.M.S. No.311, dated 09-02-1975, the acquired lands were returned to the owners, kindly provide the copy of the said G.O. or guide me how to get the G.O.

DISHANT DOSHI   12 October 2009 at 16:10

ISSUE OF SHARE CERTIFICATE

This is the case of Private Limited Company. I want to issue share certificate for 12,500 Shares of Rs.100 each at a premium of Rs. 100 each. so I have to affix Revenue stamp of Rs.2,500 (0.1% in Maharashtra) but it is not possible to affix all the stamp on share certificate so can i attach one more page so as to affix the remaining revenue stamp on it.if yes then on additional page what procedure i have to perform.
Reply it's Urgent

sarin   12 October 2009 at 16:09

Change of property ownership

Hello Sir

We bought a flat as joint owners, thats me and my younger brother and the property is in our names, now we want our elder brother also to be one of the owner in it, what is the process, do we have to get any deed and do the registration process again or will any power of attorny signed by me and younger brother do.

Sarin

siju   12 October 2009 at 14:55

dispute with car dealer

bought a car (tata safari) recently,
dealer had promised certain things b4 purchase like
1)insurance cover will be bumper to bumper
2)extended warrenty of 2 years
this promises were verbal and he had not mentioned in his qutation about this.like in his qutation paper he had mentioned a price insurance (but had not written wether its bumper to bumper or without bumper to bumper) but verbaly he had told me that its bumper to bumper cover.
also extended warrenty there was a space in which he was supposed to fill the duration of extended warrenty which he had left blank but had promised verbaly that the warrenty is for two years.i trusted him that time.i took the delivery of my vehicle.he gave me the insurance paper after a month which clearly says the insurance cover is not bumper to bumper and also gave me the extended warrenty book which is for only one year against two years that he had promised...and now the dealer is saying he had never promosed anything like that.and denying everything....now i understood that thses were just promises to lure a customer..once the payemnt is made the refuse everything....i just want to know how to move leagal against tham and how can i make my case more stronger. so that they do not play the fool with customers in future.

Ramesh   12 October 2009 at 13:33

Hindu succession amendment Act.2009

Dear LCI forum members,

I AM SORRY IT IS "HINDU SUCCESSION AMENDMENT ACT. 2005"(not 2009).

The following is the Query/Discussion raised by Mr.sahadev k, as am interested to know/see the logical end of the Discussion; Especially in contest of A P state.

QUOTE:

**"I thank all who responded. I am aware that four states AP,TN,KARNATAKA AND MAH passed amendments at various dates . These acts restricted eligibility of daughters married or born after a certain date. The Central Act of 2005 removed the restriction on date of marriage or birth etc. I request all to go through the following judgements and get updated please.

1. DAMALANKA GANGARAJU AND OTHERS VS . NANDIPATI VIJAYA LAKSHMI AND OTHERS- AP HIGH COURT, 21ST MAR, 2007
2. SUGALABAI VS.GUNDAPPA A MARADI AND OTHERS -KARNAKATA HC 18TH SEP, 2007
3. PRAVAT CHANDRA PATNAIK AND OTHERS VS. SARAT CHANDRA PATTNAIK AND OTHERS ORISSA HIGH COURT - 12TH MARCH, 2008
4. N JANGI REDDY AND OTHERS VS YELLARAM NARSIMHA REDDY AND OTHERS 3RD OCT, 2007.

Thus all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.

Now this leaves with only one question i.e, the Madras HC judgement that a Hindu lady's father should have passed away after 29-3-1989, when the act was amended in TN. Here, Central Amendment Act, 2005 makes it clear that Section 6 of the Principal Act stood substituted by the new section 6 and for all practical purposes, the new Section 6 will have to be read as having been incorporated into the Principal Act from day one itself.
His Lordship Justice Vivian Bose in the case of Shamrao V. Parulekar v. DistrictMagistrate, Thana, Bombay AIR 1952 SC 324 which observations as under :

" that the rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then
the earlier Act must thereafter be read and construed as if the altered words
had been written into the earlier Act with pen and ink and the old words scored
out so that thereafter there is no need to refer to the amending Act at all.

So is it not that the new section 6 of Central Act of 2005 is part of Hindu Succession Act, 1956 from day one itself ?"** UN QUOTE.

BY sahadev k, posted on 22 june 2009 is not answered can Learned forum members concludes this please.

With regards.

Vikram Chandra   12 October 2009 at 13:00

Second Notice U/s.434 of the Companies Act.

Can Any one inform me the legal position with regard to the issuance of second notice U/s.434 of the Companies Act ? As the first notice acknowledgment is not yet received from the postal department and to trace out the details from the postal department the earlier counsel who sent the 434 notice does not have any details and misplaced the postal receipts, thus excepting the office copy of the legal notice sent to the company under winding up, there is no evidence to show before the court that the creditor has sent the 434 notice substantially. What is the remedy can a second notice be sent now?

regards.

jeetendra Surti   12 October 2009 at 12:50

termination & dues yet not paid

Dear Sir/Madam I was working for a partnership firm as director ops the company started in June 2009 i and my MD went to official trip to Malaysia and since the MD was a very gud friend of mine and since the company was new he requested me that you pls arrange your own air ticket fare and company will reimburse you later i did that and he also requested me to use my mobile phone for all ISD official calls and said company will reimburse that too & after we return when i ask for my money and salary of 32,0000/- he said will pay you later and then he demoted me to Business development manager saying yous salary will remain same and since ur contacts are gud pls help company in getting business and after 2 days he terminated me from my service when i was on sick leave and when i ask for my dues he is not willing to pay me and giving excuses Please help me what should i do now the company has given me appointment letter where they have said that i will be paid 32,0000/- salary and all expenses made on company behalf for visit for official purpose and even my mobile bill.