Anonymous
29 October 2010 at 12:02
Dear Sirs,
Two of us as co-sharers in a property under court receiver had signed an MOU with the builder. He made a false claim in the MOU, of owning a gift deed in the property from another co-sharer who has expired. He also made us submit an affidavit in the court that we do not have any objection to his gift deed. The property is under the court receiver till date. However, we have now come to know that his gift deed is not valid on certain grounds. We now want to terminate this MOU. We also wish to return his token money with interest.How can we terminate this MOU.
pratik
29 October 2010 at 11:48
1)In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.
2) Difference between pre-emption suit & administration suit & Summary suit. Pls with the example(S).
CPC.
3) 15. Decree in suit for dissolution of partnership
Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.
Query : 1) What do u mean by preliminary decree how much is it imp for this section & in other laws also.If not obeyed than we can file a execution petition or contemp petition under the same court or appllete court.
2) Meaning Of Hostile .
3)Which section speaks about the Rejoinder Affidavit its meaning , advanatges & disadvanatges , how can apply, why to apply , where to apply, If required or ordered by a court & not filed than what will be the peanlty etc., Rejoinder Affidavit can be taken as a evidence in any court in india as per which section as above points of rejoinder because it has not defined the Indian Evidence Act. Also how it is different from the simple affidavit beause oath act also does not define Rejoinder Affidavit or any such types(S) of affidavit. Pls explain me the conept of Rejoinder Affidavit in detail pls if possible with the help of a example(S).
4) What do u mean by Rejoinder Affidavit Suit & also difference between RCR & Rejoinder Affidavit.
Thanks In Advance.
GOD Bless U All.
emveeemvee
29 October 2010 at 02:28
Dear Sirs
“A “ and “B” had a bank a loan in the year 2004 for that “B” security was given to ” A” ,because “B” Does not have any in come proof so “ A” availed the loan from the bank as third party security “CC “ Account loan from this loan both “ A “ and “ B “ Shared the amount 50% each with an internal agreement of paying the Principle and the Interest ,from the beginning “B” did not pay any interest ,but “A “ was paying his portion and also for “B” to the bank . at one stage “ A” was not able to pay the dues to the bank , due to his Business loss .For that the bank mentioned :”A “ account as NPA account and filed a case in DRT Court and went for further proceedings .Now “ B “ launched a complaint in police that “A “ has to pay All interests and his principle .And also misusing “A“s cheque given in the yr - 2004 with 138 proceedings by warrant with the help of the police “ B “ is threatening “A “ to pay the entire amount Immediately .
1 . How can “A “ pay the entire amount to “ B “ ?
2 . Can the police threaten while the case is going on DRT ?
3. With the help of internal agreement can “ A “ collect the interest from “ B” which was not paid from the beginning ?
4 . did the police has rights to force “ A “ to pay the amount to “ B” while the case is going with DRT ?
WHAT ARE THE DEFENCIVE PROCEDURES SHOULD “A ‘ HAS TO TAKE ? FROM BOTH “ B “ AND POLICE ?? AND FUTURE ?
KINDLY SUGGEST !!
Arvind Singh Chauhan
28 October 2010 at 21:39
"A" gives notarized GPA to "B" for litigation in 2007. Later "A" gives registered GPA to "C" for the same purpose in 2008, but did not cancel earlier GPA. Later "B" file a suit on behalf of "A" against "C". Now "A" is with "C".
What must be the result of the suit filed by "B" against "C". Whether "b" can take advantage of non revocation of earlier GPA. There are property disputes.
Adv Digamber Dalve
28 October 2010 at 21:20
x filed a suit for partition suit against four brothers. another 3 people were added as a party as necessary party to the suit. The four brothers appeared but failed to file written statements. No. 5 and 6 conducted the matters and court rejected the suit against them on the point of limitation. defendant no.7 failed to appear and accordingly the court further proceeded Ex-party. The court neither allowed suit or dismissed suit against deft. no. 7 In judgement the court is silent about dismissal or allowed of suit against deft. no. 7. During the trial the deft. 7 died and due to lack of knowledge of the said fact the LRs of no.7 were not brought on record. In execution of the said decree the defendent no. 1 to 4 raised the query and the concerned judge said that decree against the dead person is null and void and it is against all defendents. And ask to take steps. I am confused? What is effect of death of deft. no. 7 to my execution. what remedy is available with me to correct the error? please guide me
Anonymous
28 October 2010 at 20:41
Dear experts,
Please suggest me….I am in Govt job , posted at East Champaran(Bihar). About twelve years prior to this job, I reside in a rental house at another District and after joining this job I left that house in the year 1998 and the caretaker of that house owner kept another renter without the consent of the house owner and after ten years he (house owner) not succeeded in doing vacation the house filed an eviction suit against me. Now, the renter vacated the house sue motto or perhaps some pressure. I make a contact with the house owner and asked as to why he filed the suit against me, he(house owner) replied that he is withdrawing the suit,but did not do so up till now. Therefore, what can I do ? Can I file a defamation suit or criminal case of defamation , in this district against him for bringing a false suit against me,if he withdrew the case ?
Daksh
28 October 2010 at 15:22
Dear All,
Kindly provide to the undersigned authorities to the effect that on account of pendency of the Application under Order VII Rule 11 of the Civil Procedure Code the delay in filing of the written statement does not forfeit defendant's right to file written statement even after 90 days period as prescribed in the CPC.
Best Regards
Daksh
Anonymous
28 October 2010 at 12:31
Respected sirs/madams,
reference-my post on 25/10/10.though I received replies till some doubts are there.I
could not do FIR & inform insurance company because of serious injuries{head injuries}in
road accident(motorcycle).after recovery I came to know that my pillion rider who was also got injured had put claim petition in
MACT, blamed me for rash driving.in the petition copy I found in 1st page-accused no-1-the tempo driver,no-2 me& no-3 my insurance company and in the final page the tempo driver only mentioned as accused.what does it mean? am I also an accused?what shoulu I do now.can I file a case against pillion rider for blaming?
pl.suggest.
Regards.
Anonymous
28 October 2010 at 12:29
Respected sirs/madams,
reference-my post on 25/10/10.though I received replies till some doubts are there.I
could not do FIR & inform insurance company because of serious injuries{head injuries}in
road accident(motorcycle).after recovery I came to know that my pillion rider who was also got injured had put claim petition in
MACT, blamed me for rash driving.in the petition copy I found in 1st page-accused no-1-the tempo driver,no-2 me& no-3 my insurance company and in the final page the tempo driver only mentioned as accused.what does it mean? am I also an accused?what shoulu I do now.can I file a case against pillion rider for blaming?
pl.suggest.
Regards.
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BANK loan Dispute
Dear Sirs
“A “ and “B” had a bank a loan in the year 2004 for that “B” security was given to ” A” ,because “B” Does not have any in come proof so “ A” availed the loan from the bank as third party security “CC “ Account loan in “A” Industry name from this loan both “ A “ and “ B “ Shared the amount 50% each with an internal Written agreement of paying the Principle and the Interest ,from the beginning “B” did not pay any interest ,but “A “ was paying his portion and also for “B” to the bank . at one stage “ A” was not able to pay the dues to the bank , due to his Business loss .For that the bank mentioned :”A “ account as NPA account and filed a case in DRT Court and went for further proceedings .Now “ B “ launched a complaint in police that “A “ has to pay All interests and his principle .And also misusing “A“s cheque given in the yr - 2004 with 138 proceedings by warrant with the help of the police “ B “ is threatening “A “ to pay the entire amount Immediately .
1 . How can “A “ pay the entire amount to “ B “ ?
2 . Can the police threaten while the case is going on DRT ?
3. With the help of internal agreement can “ A “ collect the interest from “ B” which was not paid from the beginning ?
4 . did the police has rights to force “ A “ to pay the amount to “ B” while the case is going with DRT ?
WHAT ARE THE DEFENCIVE PROCEDURES SHOULD “A ‘ HAS TO TAKE ? FROM BOTH “ B “ AND POLICE ?? AND FUTURE ?
KINDLY SUGGEST !!