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madhukar   09 November 2008 at 20:43

agreement for Loan

Sir,

i had given rs 2 lac to my friend (as financial help for his marriage) five year back without any legal documents.still after five years he is not repaid it i do not have documentary evidence except in year 2005 he had issued me 4 cheques of 50000 each.this i have not deposited bcoz he said that he do not have sufficient balance in a/c.

1.is anything i can do legally to get my money back from him.

2. now he is saying to me that i should arrange for loan for rs 2 lac & he will repay the loan from his salary.accordingly i had arranged a loan of rs 2 lac from a pvt party.the party is paying 2 lac to me.& my friend will repay it in five years to him with interest. party has asked for PDC from him for five years.
how this can be legalize &what type of agreement we should make so that we (party &me) will able to take legal action in case dishonor of cheque happens in future.

pl suggest me best possible action.

Surender Dhull   09 November 2008 at 20:41

Negotiable Instrument Act

Accused No. 1 is Co. through its one director, remaining two accused impleaded as accused No. 2 and 3 by the complainant CO. Most interesting that accused No. 1 is the CO. through its one director (means 3rd director except acuused No. 2 and 3)
Further the trial court held guilty all the three accused and convicted 6 Months R I Imprisonment and 30 Lac Comensation jointly and severely liabile.
Next, all the three accused filed appeal seperately and complaninant also filed revision for enhancment the compensation and conviction.
Next, In appeal, accused No. 1 and 2 compounded each other after paying the 28 Lac and the Lok Adalat confirm the settlement of accused No. 1 and 2.
Now the accused No. 3 is facing the appeal before the appellate court.
Q. 1.- whether the Lok Adalat can compounded this case if the liability is jointly and severely passed by the trial court?
Q. 2- If accused No. 1 and 2 paid Rs. 28 Lac against the compensation passed i.e. 30 Lac then whether the accused is entitle only to the extent to remaining amount i.e 2 Lac.
Q. No. 3- If the accused No. 1 CO. compunded the matter in the Lak Adalat then the accused No. 3 is liable for vicarious liability.

allurisivajiraju   09 November 2008 at 17:27

Execution of Civil arrest warrant by Police.

Resected Seniors,

Due to non co-operation of bailiffs the Dhr is not in a possession to execute the civil arrest warrant which was passed by the Court against JDr.

As a matter of fact the Court issued fresh warrant nearly 10 times against JDr. The JDr is working as Head Master in Govt High School. Each and every occassion the Bailiff's are co-operated to JDr. for non execution of warrant.

In the above circumstances the DHr. filed a petition U/S 151 of C.P.C. prays that to direct the concerned SHO (Police) to secure the presence of the JDr with a view to avoid the interferance of Bailiffs.

Now my question is whether the said petition is maintainable under Law or Not?

If yes, please refer some citations to that effect.

If not, what is the alternative remedy to the DHr to proper execution of arrest warrant.

Thanking You Sir.

madhukar   09 November 2008 at 13:01

plot purchase


Sir,

I wish to purchase agriculture land nearby to pune,maharashtra for building a house. area of land is 3000 sq ft.& is located near to national highway,the initial seller was a farmer who was owner of 10000 sq ft land.he sold this land to a developer who further sold 7000 sq ft to individual buyers 1000 sq ft each.they built row houses. now developer is selling rest 3000 sq ft land which i wish to purchase. my queries as follows.

1.This is an agriculture land, without making it Non agri. can i able to purchase it.(rule says that not below than 1 hector (40000 sq ft) land can be converted into Non Agri. is it fact?)

2.stamp duty is calculated by considering the value of land rs.60000 per hector (40000 sq ft) as on date by govt. were as i am paying rs 5 lac for only 3000 sq ft. there is huge difference in actual & govt declared value of the land.what stamp duty i need to pay in this case.

3.kindly suggest me how to proceed & legally what steps i should take so there will not be any problems after the purchase. what are other cost involved after the purchase of land.(like apart from stamp duty,transfer fee)

4. if this land is not converted to Non agri. will be there any problem in getting electricity & water connection if i construct the house.

Pl suggest.

jagadish paranjape   09 November 2008 at 11:52

companies Act 1956

An employee is terminated for misconduct
after domestic enquiry.He has challanged
termination before Labour court under M.R.T.U.and P.U.L.P.Act 1971,and has sought stay on orders asking him to vacate quarters.Can Labour court grant
such stay?Any case law on sec.630 of the companies Act 1956?

N.K.Assumi   09 November 2008 at 08:08

See for All about surname and family name:

Family name what it is? Shakespear's says " What's there in a name?

A family name or last name is a type of surname and part of a person's name indicating the family to which the person belongs. The use of family names is widespread in cultures around the world. Each culture has its own rules as to how these names are applied and used.
In many cultures (notably Western, Middle Eastern, and African) the family name is typically the last part of a person's name. In some other cultures, the family name comes first. The latter is often called the Eastern order because Europeans are not familiar with the examples of China, Korea, Japan and Vietnam. Because the family name is normally given last in English-speaking societies, the term last name is commonly used for family name.
Family names are most often used to refer to a stranger or in a formal setting, and are often used with a title or honorific such as Mr., Mrs., Ms., Miss, Dr., and so on. Generally the given name, Christian name, first name, forename, or personal name is the one used aby friends, family, and other intimates to address an individual. It may also be used by someone who is in some way senior to the person being addressed.
• 1 Research on individual names
• 2 History
• 3 By language
o 3.1 English-speaking countries
o 3.2 Spanish-speaking countries
o 3.3 French-speaking countries
o 3.4 German-speaking countries
o 3.5 Portuguese-speaking countries
o 3.6 Dutch-speaking countries
• 4 By country
o 4.1 Armenia
o 4.2 Azerbaijan
o 4.3 Finland
o 4.4 Georgia
o 4.5 Greece
o 4.6 Hungary
o 4.7 Iceland
o 4.8 India
o 4.9 Indonesia
o 4.10 Ireland & Scotland
 4.10.1 Surname prefixes
o 4.11 Iranian/Persian
o 4.12 Italy
o 4.13 Lithuania
o 4.14 Malta
o 4.15 Mongolia
o 4.16 Pakistan
o 4.17 The Philippines
 4.17.1 Unique Spanish family names in the Philippines
o 4.18 Romania
• 5 By region
o 5.1 Cultures of China, Japan, Korea, and Vietnam
o 5.2 Scandinavia
o 5.3 Basque Country
o 5.4 Slavic countries
 5.4.1 Czechia
 5.4.2 Russia
 5.4.3 Poland
 5.4.4 South Slavs
 5.4.5 Ukraine and Belarus
o 5.5 Burundi/Rwanda
o 5.6 Eritrea/Ethiopia
• 6 By ethnic group
o 6.1 Jewish
o 6.2 Kurdish
o 6.3 Tibet
o 6.4 North Caucasian Adyghe Family Surnames
• 7 See also
• 8 References
• 9 External links

Research on individual names
Onomastics is the study of proper names of all kinds, including family names. A one-name study is a collection of vital and other biographical data about all persons worldwide sharing a particular surname. The Guild of One-Name Studies is a major UK-based organization in this field.
History
The oldest use of family or surnames is unclear. Surnames have arisen in cultures with large, concentrated populations where single names for individuals became insufficient to identify them clearly. In many cultures, the practice of using additional descriptive terms in identifying individuals has arisen. These identifying terms or descriptors may indicate personal attributes, location of origin, occupation, parentage, patronage, adoption, or clan affiliation. Often these descriptors developed into fixed clan identifications which became family names in the sense that we know them today.
In China, according to legend, family names originated with Emperor Fu Xi in 2852 BC.[1][2] His administration standardised the naming system in order to facilitate census-taking, and the use of census information. The surnames "Zhu," "Lee," "Chung" and "Chang" are most popular in Taiwan, and/or China. In Japan, family names were uncommon except among the aristocracy until the 19th century.
In Ancient Greece, during some periods, it became common to use one's place of origin as a part of a person's official identification.[3] At other times, clan names and p

N.K.Assumi   09 November 2008 at 06:58

Function of Chmber of Commerce:

What is the main function of Chamber of Commerce? Is it competent to collect fees or tax etc from the traders such as shops, hotels etc as membership fees though they are not members of chamber of commerce? Please elaborate me.

R.Manivasagan   08 November 2008 at 21:10

Motor Accident Claims

My Client's husband was an Employee in Tamilnadu Electricity Board and drawn salary of Rs.10358/- per month and after all the deductions, he had received a sum of Rs.7400/- per month. at the age of 40, he died in a Road Accident leaving his 27 year old wife and 3 year old son. there is no custom in their community for re-marriage. Now the question is
1. Is the deductions by the employer has to be deducted while calculating the compensation or not?

2.How amount the Legal heirs can get as Compensation?
3. What multiplier to be adopted?
Please solve my query with latest citations. please my dear experts.

R.Manivasagan   08 November 2008 at 21:01

How we can mention the sur name in Tamilnadu

In Tamilnadu many people do not have surname, unlike other states. Instead the son/dauther carries the first letter of father's name as 'initial'.

For example if father's name is Sundaram and son's name is Natarajan, The son will describe his name as S.Natarajan.If Natarajan has a son by name Govind, he will describe his name as N.Govind.

So far no problem. But many forms of Govt and banking agencies etc, either ask for surname or ask the initials to be expanded.

Where surname is asked for, the Tamilnadu people treat initial as surname. So Natarajan will suffix his father's name to his own name and describe himself as Natarajan Sundaram. This is simillar to Ashok Gupta, whose first name is Ashok and Surname name is Gupta.

Where the form asks for expansion of initials, Natarajan is described as Sundaram Natarajan and his Son's name is described as Natarajan Govind.

Thus in one document,the same person is described as NATARAJAN SUNDARAM and in another document he is described as SUNDARAM NATARAJAN.

In one particular instance,the Income Tax department, truncated the name because they are very long in their computer format. The result was that in the Pan Card of grand son (Govind in our example) carried the Grand father's name ( Sundaram in our example). The assessee concerned, living in North India had a particularly difficult time in getting his PAN Card fixed.

Now his employer switched over to a new computer system, which, addresses the grand son with the faither's name.It is like calling Govind in our example as "Dear Mr Natarajan", because N.Govind is expanded to Mr Natarajan Govind.

Now my questionis: (1) what is the legally correct way of stating one's name for Tamilnadu people shwon in the example.
(2)How to deal with the non-uniform way of treating the names by different organisations so that legal complications may be avoided in Future.

Ranganath.T   08 November 2008 at 15:43

requisition for Help regarding partition suit

Dear Sir/Madam,

Please give me your opinion towards following points:-

1) Can we challenge against Final Decree (Partition suit) after the time limit (i.e. Final Decree dated 18.3.1989)?

2) If it is coming under condonation of delay or not?

3) We can claim the mense profits after 19 years from the order pass.


Kindly spend your precious time to answer my requests.

Kindly oblige and do the needful.

Thanking You.

Yours faithfully,
Ranganath.T