Anonymous
28 May 2010 at 17:04
Given below is a clause from a work order agreement signed by us and our client:
“This agreement shall be governed by and construed in all respects in accordance with the laws of India and jurisdiction being limited to Punjab and Haryana High Court. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the arbitration rules for the time being in force, which rules are deemed to be incorporated by reference in this clause. This shall not prevent either party taking such steps as it seems necessary before the court to protect its rights hereunder including by way of injunctive relief.”
We interpret the clause as under:
1. In case of any dispute, Party 1 can drag Party 2 only in “Punjab & Haryana High Court” and nowhere else. If Party 1 summons Party 2 to say Ahmedabad High Court, can Party 2 respectfully intimate the Ahmedabad High Court that since the case falls out of Jurisdiction of Ahmedabad, Party 2 is not liable to be answerable in Ahmedabad.
2. Any dispute is to be resolved ultimately by arbitration only
In any dispute is to be resolved ultimately only by arbitration, then what is the role of a court. What benefit can the Party 1 get by dragging the Party 2 to court, apart from getting a stay order.
Can Party 1 still make criminal proceedings against Party 2 in Ahmedabad?
Would be of great help if you can guide whether out interpretations above are in the right direction.
Anonymous
27 May 2010 at 11:50
our Company is planning to extend its services to GCC Countries. Among our services we provide, accepting investments from clients are also considered.
We need clarification as to what are the options under which a Pvt Ltd co can accept investments as mentioned. (Is investments acceptance possible --- if not can that be phrased as borrowings --- at any case change of ownership in company is not entertained)
Most of the services we offer are online.Finally we would also wish to draft a master client agreement form which can be the base of our services --- to be used when a client is registered.
Anonymous
26 May 2010 at 15:27
Hi,
I am purchasing a plot alloted by the greater noida authority for making house.
Allotee of the plot shifted to US and now he is giving Power of
Attorney (POA) to his relative in delhi to process deal.
Queries
1.)Please suggest what precautions needs to be taken to avoid any inconvenience later( like ownership issue) as i am dealing with POA by NRI.
2.)Is there any way to verify POA authenticity ?
akash
25 May 2010 at 13:10
sir, i have made an agreement with my debtor on Rs 10 stamp paper.date of purchase of stamp paper is 20th january 2008 and the agreement was executed on 5th may 2009. Now the validity of my agreement is being questioned as it is being said that the validity of stamp paper is only six months in west bengal.kindly advice that is the validity of stamp paper in west bengal.
Anonymous
25 May 2010 at 12:09
Hi There,
Could any one tell me what are the documents that has to be witnessed.
Specific Law and Section governing the signature of Witnesses in Agreements/Legal Documents.
sharwan kumar mishra
25 May 2010 at 11:43
Dear Sir
I was purchsed a new car on 15.05.10.that are diffective peace.i have complained to dealer but no action taken by dealer.what is the procedure to file a case in consumer court?
gayathri
25 May 2010 at 10:53
In a scenario, whereby A executes a power of attorney in favour of B to sell a property, and B sells such property to C. Now can the power of attorney be held to be invalid because A had died by the time the sale of property to C had happened?
In essence, should the executor of the power of attorney be alive for the power of attorney to be valid?
Anonymous
24 May 2010 at 17:49
Respected sir
i filed case in consumer court For non-refunding of advance amount paid for site. Court ordered me in my favour. but opposite party not respance for court order. what is the next steps i have to take, pls advise us ?
Anonymous
23 May 2010 at 13:07
Sir, I have sold my flat in Navi- mumbai. The flat is on loan and balance it to be paidoff. The buyer wants to sign deed of assignement before closure of the loan. It was agreed between us that buyer will apply for home loan and offset my loan against his loan approval. I want him top pay me the difference but he insist that deed of assignment to be signed an he will pay me the differnce and loan amount will be settled directl later. Is it right to do so.
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DEED OF ASSIGNMENT
Hi
I would like to know :
1. what is the stamp duty payable on a Deed of Assignment of debt with underlying securities, including immovable properties situated in Maharashtra and other states, executed in Mumbai. Neither of the parties are Asset Reconstruction Companies and the assignment is not under SARFAESI.
2. What is the duty payable in MP.
3. Whether the Deed which ahs been executed at Mumbai has to be registered in Mumbai or it can be registered in any other place where the immovable properties are situated.