pratik
10 September 2010 at 23:13
118. Presumptions as to negotiable instruments of consideration
(f) as to stamps-that a lost promissory note, bill of exchange or cheque was duly stamped;
Query : What does the clause (f) says pls if possible with the help of a example.
Section 7
"Acceptor for honour": 1[When a bill of exchange has been noted or protested for non-acceptance or for better security], and any person accepts it supra protest for honour of the drawer or of any one of the endorser, such person is called an "acceptor for honour".
Query : what is the meaning of the above one with the help of a example because i am confused that what does this term means " noted, protested for non-acceptance , it supra protest for honour . so pls explain me pls.
Thanks In Advance.
Anonymous
10 September 2010 at 22:35
I was told that there is an apex court judgements regarding that if order 9 rule 4 petition is filed within limitation it can be allowed by dispensing notice to the other side
Chetan
10 September 2010 at 21:20
That the father of X is a tenant over a trust property, The TRUST had sold that property to third person without informing the father of X, At present that property is in possession of X, X had other 4 brothers. The third person filed suit for possession and mesne profit against all the brothers
Whether the third person entitled to file suit against all the brother (Father of X died in 2002) ?
What is the liability of other 3 brothers of X who had made parties ?
Whether the 3 brothers demanded their share in that property to X ?
Ramesh
10 September 2010 at 18:56
Hi,
My father is running a co-operative society and he had given loan to a person in 1993. The loan amount was Rs 50,000/- at the rate of 19%.
Person did not repay till date and amount has reached 3,50,000/-. In first 11 years we have sent person 3 notices and after that one notice per year.
However the person is now saying that maximum loan payable can be double the amount of loan taken. Please guide what to do in this regard.
Anonymous
10 September 2010 at 18:53
DEAR SIR,
WHAT ARE CONDITIONS TO BE MET FOR A PROPERTY TO BE CONSIDERED AS PROPERTY BY ADVERSE POSSESSION IN CASE WHERE TITLE 0F PROPERTY IS CLEAR ?
VINAY KALA
SEP 10,10
R.Ranganathan
10 September 2010 at 17:22
Loss of Cheque from Bank. Cheque not traceable. Issuer of cheque is not issuing a fresh cheque. How far Bank liable to the person who has to get his money. What compensation need be paid under the circumstances - Cheque amount or how much for negligence if any.
R.Ranganathan
10 September 2010 at 17:19
How far and how much is the Court liable for missing documents from Court. Whether certified copies can control the damage. What amount of compensation is payable under the said circumstances.
Anonymous
10 September 2010 at 15:21
WE HAVE PROPERTY IN AHMEDABAD ON LEASE. NOW LEASE IS EXPIRED SO SOME ADVOCATE IS SAYING THAT YOUR NAME CAN BE REGISTERED AGAIN IN 7/12 I.E. IN REVENUE DEPT. AND IN PROPERTY CARD WITHOUT RENEWAL OF LEASE OF PROPERTY BY GUJARAT STATE GOVT. PLESE EXPLAIN ME THIS IN DETAIL HOW IS THIS POSSIBLE WITHOUT RENEWAL OF LEASE
Anonymous
10 September 2010 at 10:56
I am Govt employee(Class-II)& law graduate in health care organisation working on adhoc capacity for last 12 years.I used to get the extension for the period of 6 months.In year 2001 interview for the regular posts held and I was being placed in the panel as waitlisted candidate But the waiting list was not displayed b y the employer.One appointed candidate has resigned from services but my candidature was not considered by the employer. I came to know about this fact through an RTI Application filed in year 2007 and made my representation to the employer.The employer gave its replied that my case cannot be considered for regular appointment as the resultant post has been floated into the reserved category
I filed the petition in the CAT who has given verdict in my favor with the apex court judgement that Reservation applied to the posts and not to vacancy and it has given differential treatment to the petitioner and directed the employer to regularise the services from date of accural of vacancy with all consequences admissible in law with in the period of 3 months. The judgement was pronounced in Feb 2010
After the period of 3 months, I send the reminder to the employer to kindly implement the order but I didn't received any intimation
Finally I move the contempt petition against the employer for willfully and delibrately non implementation of the order
My adhoc tenure was expired on June 2010 and the employer has not relaesed the salary of July & August 2010 with the contention that I have not applied for adhoc extension
So I filed separate Miscallneous Application in the CAT to give directions to the employer to release my salary with interests
If an employer gets the stay from the high court against the CAT order then CAT will be helpless in providing me the relief
Whether I should have to file another petition(OA) in the CAT with the relief that the matter is pending in the High court and CAT may give directions to employer to provide me the adhoc extension during the pendency of the trial
Or I have to file separate C.M(Miscallneous Petition) in the W.P of the employer to provide me the interim relief?
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what do u mean b y previous parties not consenting.
83. Discharge by allowing drawee more than forty-eight hours to accept.-If the holder of a bill of exchange allows the drawee more than [forty eight] hours, exclusive of public holidays, to consider whether he will accept the same, all previous parties not consenting to such allowance are thereby discharged from liability to such holder.
Query : what does it says 'all previous parties not consenting to such allowance are thereby discharged from liability to such holder' Pls if possible with the help of a example(s).
11- Appointment of arbitrators.
(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
(2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
(3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators, shall appoint the third arbitrator who shall act as the presiding arbitrator.
Query : So as per section 1193) if there are 5 or 7 or 9 arbitrator than how will select whom 7 how pls clarify me with the example(S).
14- Failure or impossibility to act
(1) The, mandate of an arbitrator shall terminate if –
(a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and
(b) he withdraws from his office or the parties agree to the termination of his mand.
Query : what do u mean by de jure or de facto as per section 14(1)(a). if possible with the example(S).
Thanks In Advance.