Balaji
16 November 2012 at 13:41
Hi, here is my problem needing legal advice.
1. I booked a used car from a dealer in Coimbatore ,Tamilnadu.
2. I paid token of Rs.55,000 ( Rs.25,000 + Rs.30,000) and took the car with the xerox papers etc, when asked fro service records and originals he said he will give in post transfer and settlement.
3. I was shocked to find that Car Meter was misleading when inspected in Tafe coimbatore, I was told & shown 45000 as car mileage whereas it was 75000 on real. when enq i was been told it was mistake of service people.
4. After discussion I Applied Car Loan for the remaining With dealer Refered DSA of Kotak Bank, After a week of Process i was been informed the Loan was rejected on Employment grounds.
4. I revereted immd to Dealer by returning his car & informing him that i will try with another Finance & settle it asap to which he agreed. My Loan was too Aproved & in Process.
5. Suddenly dealers reports some problem from seller demanding car or Money and closes his shop next 3 days and dissappears with my money & Vehicle.
4. My problem is now that I have paid all the money and have the receipt for 25,000. But I dont have the original RC book or car or anything left.
5. When enquired The Dealer reports The Car has been Taken by the Owner & he has given it.
6. I am stuck.if I go to the police and this broker with his good links could easily getaway..
7. After seeing all these incidents from the beginning on Non Introduction of Owner, Car Price, Mileage tune, Finance & settlement Terms, disappearence of Vehicle & Money im very suspicious on the Fraudalent Dealings of the Used Car Dealer..
please help me how to go about from here without loosing my Money..
pawan
15 November 2012 at 14:11
What is liability of companies who has liaison office in India and Registered office abroad (dubai).
Poorna
12 November 2012 at 16:32
Sir,
I work in a small size pvt co. registered under companys act.
The employer pays bonus to the employee every year though they do not compliance with the Bonus act Strictly.
Bonus is usually paid on Diwali.
Due to some reason i had argument with my employer on minor issue where he spoked to me very arrogantly even after serving the company for 7 yrs.
So i decided to leave the company giving one months notice. ie on 30.9.12.
I had written to the company for my yearly Bonus( FY 2011-2012) . But no reply.
My question is can i claim bonus if paid to the present employees.
Pl reply
P dandekar
Member (Account Deleted)
12 November 2012 at 12:32
A Pvt.Ltd Company does not have its Chairman of the Company. Each Board
Meeting, its Board of Directors are appointing Chairman for that particular meeting only.
Can the Annual Report of that Company for 2011-12 be signed by the Chairman of the Board Meeting at which it was approved, if so authorised by its Board?
koteswara rao jonnalagadda
12 November 2012 at 01:19
respected sir"s,
wish you happy diwali,
i requested icici bank by paying nominated fee of rs 10/- and asked for certain information about illegal debits to our current a/c under rca head.i asked for the respective debit amount vouchers or letter given by us.i am making a regular correspondence with them and now i demanded under rti.but they are not giving the information or not returning the money now they are claiming that icici bank will not come under rti act.kindly advise me is it right if so what will be my next course of action to collect the information and collect back our money.
thanking you,
with regards,
koteswara rao.j
srinivas desai
10 November 2012 at 20:59
Sir,
I would like to purchase a car registered in the name of a partnership firm. The person selling the car says, The Managing Partner will sign all the documents & put the seal of the company i.e. For seal of the company represented by the managing partner. I would like to know whether the sale is legal & whether the sale is binding on all the partners. If at a later date, some other partner raises a claim and files a case against his partner & me alleging fraudulent sale, what will the consequence for me? Will he have a claim of his share on the car? What is the correct proper procedure of buying such a car. Please reply early, thanks in advance.
MANOJ HARIT
08 November 2012 at 17:40
Respected Experts,
ABC Pvt Ltd has mortgaged its' Fixed Assets with a Bank for Term & CC Loans by way of Regd Mortgage Deed & duly registered the same with the Registrar in 2003.
In 2010 an unsecured creditor got a money decree against the Company. It has filed foe Execution of the Decree.
Now it has moved an application under O 21 R 54 for attachment of the same property.
Is it possible? If yes,
What are the option for the Company.
Thanks,
Regards.
Ritika singh
08 November 2012 at 17:11
the loan agreement executed between a bank and a company . the appropriation clauses on default call for applicability of the agreement or in absence of the same sections 59-61 of the indian contract act .......can in anyway the creditor/lender/ bank determine the same on default???.......can the terms of laon agreement be altered for the same as far as appropriation is concerned??
Sameer Talha
08 November 2012 at 15:59
i had placed an Purchase Order through mail on A particular vendor and after 2 weeks he is saying verbally that he cannot supply the material is there any law which can force him to supply the material.
Note: Order was mailed to him through mail and no confirmation or acceptance is there in written. awaiting for your reply
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Legality of a constrcution contract
Dear Experts,
We all know the Essentials Elements of a Valid Contract:
1. Proposal and acceptance
2. Consideration -- lawful consideration with a lawful object
3. Capacity of parties to contract -- competent parties
4. Free consent
5. An agreement must not be expressly declared to be void.
6. Writing and Registration if so required by law
7. Legal relationship
8. Certainty
9. Possibility of performance
10. Enforceable by law.
Having known and said that every Contract must be Enforceable by Law, Herewith Iam putting forward you all a question on a Particular Condition which keeps the Arbitrators, Jusrisdiction, Adjudication vide High/ Supreme Court away from the picture by introducing a new Condition/ system called "EXCEPTED MATTERS" and how can this become a Valid Contract in the first place?
As we all know the explanation of the same which is copied below:
Enforceable by Law:
A contract in order to be valid must be enforceable by law which element distinguishes agreement and contract. If it is enforceable by law it is contract otherwise it is an agreement. The aggrieved party should be able to obtain relief through law in the event of breach of contract. An agreement can also be inferred from correspondence exchanged between the parties.
If the so-called "Excepted Matters" are introduced in a Contract and agreed by both Contracting parties which clearly keeps away the above legal proceedings, then what is the remedy available to the aggreived party (Contractor) when there is an unsettled Dispute.
In other words, I shall try to put the point wise scenario for better understanding:
1. A dispute is established by the Contracted parties (due to the breach of Contract) which is an Excepted Matter under the Contract.
2. An in-house remedy is available in the Contract in order to treat them as "Excepted Matters"
3. In-house remedy did not provide a fair and reasonable solution to settle the Dispute.
4. Due to the same being an "Excepted Matter", the said matters cannot be Arbitrated/ Adjuducated.
The same scenarios happened and are still happening in many cases across our country and there are several Judgments awarded in favour of the Employer who has drafted such discriminatory Conditions...One of a similar case became a Landmark Judgment which is Union of India Vs. Sarvesh Chopra (IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 1791 OF 2002(Arising out of SLP© No.20727/2000)
Now what is the solution? Do you think the above Judgment is correct?
I further and fully understand that, if this is what the Conditions agreed for, Court cannot interfere or are not available to re-negotiate with the Parties. But my fundamental question is
1. Whether such agreements are Valid?
2. Can the Employers draft such conditions to keep the Legal system away from the Business?
3. Based on Good-faith, several Contracts are being executed in India, Is Good-faith not entertained in this Country?
4. If such Contracts are Void, then what happens to such Void Contracts (on this Ground)?
Now, when we talk about discriminatory Conditions drafted with supreme bargaining power, what happens if there is no Justice given to the Contracted Party.
Can anyone provide me with a resaonable solution or ways to take the Dispute to Court, since there is no prima-facie available apart from this to quash this Contract under the Law.
Kind regards,
Srinivas