Anonymous
08 September 2010 at 16:22
DRT verdit in case i found: the bank did not maintain the accounts properly
in the loan account and there is no explanation from
the bank so far as maintaining of the acount is concernred
and it is clear in all the bank cases and the account copy
will fasten the liability but in this case the account copy
itself is incorrect and people will believe the account copy
of the bank and this account copy seems to be totally
incorrect inview of the several pay slips filed
by the defendents which are marked
as EX B13 to EX B18 containing many books.
In these CIRCUMSTANCES THEACCOUNT COPY
CANNOT BE BELIVED AND THEREFORE THE OAhas to be
allowed only for the amount of Rs. 1128685/- with simple interest 6%pa.,
from the date of OA till realisation.
This recovery certificate is being issued
since it is public money and there is no document
to show how much amount acually due to the applicant bank.
The bank never proved the amount due.
It is the intial burden on the bank according to the
Evidence Act Sec 101 to 103 and the intial burden is not
discharged by the bank.
Therefore, the bank cannot base on the demerits
of the defendents case
How the defendents cameout fromthe clutches of bank? They win the case DRAT?
Surprising banks if not prpoerly maintain how the coustmer saved? customer is GOD to the bank, but now no bank feels the same, moreover behaves and using abusing language. NPA became more fraud and it became GOLDMINE to the bank officials
The party submitted the account through an CA and moreover party paid excess of Rs.4 lakhs. The bank manager in his cross accepted that the bank failed to credit some amounts tothe account. The fixed deposits Rs.1.25 lakhs not credited to theaccount and states there is no record. FDRs no."s,amount,dated stated the defendents. Those are pledged tobank. The bank states orginal account book misplaced/not found/lost. Typed a/c copy produced. So many credit vouchers not reflected in the account. So how far DRAT help tothe defendents? possible
Also the bank financed and account inthe name of ALT (ITS name of the building)but the mortaged property inthe name SKT. Suit filed inthe name of ALT. VALID?
JAIME
08 September 2010 at 15:34
After change of Lawyer by opponent can the opponent file objection to joinder of parties before the matter reaches the argument stage?
pratik
08 September 2010 at 14:35
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.
Anonymous
08 September 2010 at 13:44
Sir,
Please inform me In the Delhi High Court whether the speed posts receipts are sufficient proof for service?
Whether the same needs to pasted in the front page or there needs to be separate annexure for the proof of service
Chetan
08 September 2010 at 09:02
The Defendant is appeared after getting the information from newspaper about the civil suit, the court had made ex-parte order against the defendant
How to setting aside the ex-parte order ?
What is the time limit to file such application
Pls provide provision and citations ?
Pls guide urgent------------
Anonymous
08 September 2010 at 08:13
respectable experts I want to know whether G.P.A i Cum Agreement of sale is valid I came to know that in agreement of sale there cannot be a poseession delivered in G.P.A possession is given that means G.P.A holder can sell the property but he cannot retain the property same person cannot have agreement of sale and G.P.A. Agreement of sale holder has no power to sell. It is not approbating and reprobating to have G.P.A and agreement of sale if given to same person what are the judgements in this regard including apex court
Anonymous
08 September 2010 at 00:16
a person has taken loan of Rs.---/ from the co-operative bank. he has paid regularly some installments but the bank does not provide account statements. then after party has stoped to pay the installments. the co-operative bank has filed recovery suit in tribunal. he succeeded and thenafter filed special execution petition in a Civil court. during the pendency of this petition, the bank called to the party and told to pay some of rupees by way of settlement with the bank. The bank has also issued a "No Due certificate"and closed the loan account. But right now bank said that the No Due Certificate is issued by mistake.so it has no legal evidentary value. party must have to payment the rest of amount ot the bank.
My query is that once a No due certificate issued by the bank voluntarely, in that case whether the bank can cancell it?
if account of the party is closed by the bank then after, can the bank again open the accoun in the name of party without informing to the party and can also debit the amount?
what remedy is available to the party, when execution petition is pending in the Civil Court.
Anonymous
07 September 2010 at 23:11
if the case is fixed for evidence and plaintiff does not file list of his witnesses. can plaintiff file an application for issuing summones for one of his witness.?
Anonymous
07 September 2010 at 20:32
A old man had a self property in 70 years back. He died intestate. He had 2 daughtes and 5 sons. One son died before the death of his father i.e, above old man. The 4 sons and old man pledge the property to some body and released after. daughters marriage was consumated 50 years back. Now his 2nd daughter's son challenging to share in the property. Is it valid ?
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Like to know the meaning of "PAISUM NON FACTUS".
Can any body explain the meaning of
"PAISUM NON FACTUS".