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Anonymous   01 December 2009 at 19:16

Speceific Performance

I am in a situation where a cheque was given as part consideration for purchase of a property while execution of an “Agreement to Sell”. Now the said “Agreement to Sell” is up for Specific Performance. My dilemma is though the Cheque has been given by the buyer to the Seller, who did not encash it. Seller demanded Demand Draft in lieu of Cheque after One month. Thus the cheque was replaced with Demand Draft. That too (Demand Draft) was also returned without assigning any reason. Subsequently, Seller assured the buyer, in writing to execute Sale Deed, with in four months. Where as Seller who is GPA of ‘Original Allottee’ never provided NOC from the ‘Original Allottee’ at any point of time to obtain mandatory permission to make a transaction, neither performed his part to execute “Sale Deed” against the Agreement to Sell, in reference. Thus, the same is up for Specific Performance, in trial court.

Do we have any judgement of Supreme Court or High Court for citation, where it is laid down that if a party gives a cheque to the other party it is onus of the other party to deposit the same for encashment and it will be presumed that the Buyer has discharges his obligation under contract by giving the said cheque to the Seller.

Pradeep Dhruva   01 December 2009 at 15:42

gift deed for gift of a flat

please help me to get a standard gift deed agreement fof gift of a flat

please help.

Kuldeep Kulkarni   01 December 2009 at 14:13

Liability of guarantors

Can someone guide me as to
1. What is the liability of guarantor to a loan taken by a borrower froma bank (housing loan or personal loan) ? Please give all possible details. What are the governing legislations ?

2. If the bank is a co operative bank registered under Maharashtra Co Op Soc Act, does the bank have any additional recovery power under that Act?

sneha   01 December 2009 at 12:20

board resolution

Previously our company was providing services from Co. A. now our employers have established co. B and providing all those services from co. B whcih was provided earlied by co. A. there is one bank with whom we hv an agreement with co. A now we want to change the agreement with co. B. I want to draft a board resolution stating that all the work assignment which was provided by Co. A is henceforth provided by co. B.

Kindly provide some draft board resolution.

yoges   01 December 2009 at 11:30

Cost of incorporation of pvt. lt.d co.

Hi,

Can anybody plz tell me the appro. cost of incorporation of a pvt. lts. co. with an autho. capital of Rs.100000.

Anonymous   26 November 2009 at 11:25

MLM Groth Business

Dear All

In reference to my previous querry, you have told me that to start MLM Growth Business we need to take prior approval from Finance Plan. Can u tell me in details how to contact finance plan or where the office is situated.

regards
Biplab Mahanta
Ph.: 09957565491

mayank jain   25 November 2009 at 13:19

Cold Storage an industrial activity

Dear Sir,

Please let us know whether COLD STORAGE falls in the definition of Industrial activity. If so, please let us have notification or Authority on it.

Thanking You.

Mayank

Gaurav Agarwal   25 November 2009 at 10:06

Name rejection

ROC rejected name proposed for the company? What needs to be done? What are the relevant eforms to be filled up?

Legal Wizard   24 November 2009 at 20:14

Winding up petition whether maintainable

Winding up petition whether maintainable when arbitration petition is pending before the Arbitrator?

Anonymous   24 November 2009 at 15:58

payment

Hello,

I have given my vehicle to someone for a monthly payment but now he is not paying and even not returning vehicle. what to do?
Thanks