pratik
03 August 2010 at 23:18
1) The name First Class Magistrate , Second Why this name's are be given only to the magistrate & The words First & second class means what whether they have secured good marks in the exams to become a magistrate or something like that pls explain me.
2) Pls explain me the meaning & difference between overriding clause, effect ,nothwithstanding & without prejudice.
Thanks In Advance.
Anonymous
03 August 2010 at 21:46
dear sir
i the year 1990 i have bought a land and i have sale agreement and power of attoney registered.can i sale the property or
amount consideration is there sale agreement and power of attoney.ihave the receipt.
will it be legal to sale the property.
pratik
03 August 2010 at 21:42
Article 217 of the indian consitution says that if the advocate who is praticising the advocate for last 10 years can be qualified to be appointed as a high court judge.
Query : But how to known that the particular advocate was practising or is practising in the court. Do the court in which he is practising maintains any register so we can come to know that yes he was or is practising as an advocate.
Today i had been to the session court which is in bombay there i have seen a adovate while buying the stamp paper he has given this name stamp which was printed on the stamp paper why ? & the stamp paper which he purchased was on the name of the other person who what's to make the affidavit so why the advocate name & address were printed on the stamp paper I have heard that the particular was practising in that particualr court has to submitted that kind of name stamp while buying the stamp paper.
Thanks In Advance.
pratik
03 August 2010 at 21:32
1) In case vakalath is not filed the court has a right to pass any order against the defendant. As per which section.
2) If the memo is filed & the latter if the advocate fails to file a vakalath than what are the steps can a court can taken or what order can the court can pass. & That order can be challened in appeal. Also if the advocate fails to file a vakalath than what are the penalties or any other things are laible. Whether penalties or any other things are laible then who is laible either advocate or his client. As per which section the above matters says or any case laws.
Thanks In Advance.
m b maria prakash
03 August 2010 at 20:43
we belons to cristian community.my grand parents were having 12 acres of land and an house as ancestirial property.they had two daughters and a son.in daughters one is my mother and another one unmarried and she died on 2006.son died on 1997 and wife is alive.my mother is still alive.My father was in army and we were not in village.my grandma died on 1971 and grandfather died on 1973.The case is when we we ware back to village we were said by the legalheirs that there is a will and 2 acres to my mother and 4 acres to unmarried and 6 acres to the son.Since they were elders my mother beleived and they too were not ready to show the will.By the way they had changed revenue records of what they said property on their name. But till date my mothers 2 acres are on the grandfathers name.In 1975 in a dispute of their said 4+6 property with the neighbour they have shown my mother as a legalheir.On1980 they together sold 2acres to some third party stating that it is an ancesstirial property.please guide me .till date will we have not seen.recenly last year for a shock they advertised in a news papper that as per the will dated 1971 ,shedule A,B properties belongs to them.please guide me in the issue and give me some supreme court judgements.THANKING YOU,
Anonymous
03 August 2010 at 18:30
Respected Experts,
The Owner and the builder have executed a Development Agreement agreeing 30% of built-up area towards the owner and 70 % towards the builder. And after execution of the said Development Agreement, the Developer executed a Development Agreement with some other parties agreeing to give 35% built up area to them from out of the 70% of his share, without consulting and knowledge of the owner.
The act of the Developer is legally valid one or not, since there is no clause to give sub Development to any 3rd parties. If so how far the said 3rd party Development Agreement is binding on the real owners.
raja athimoolam
03 August 2010 at 17:39
Whether the interest received for payment on motor accident Compensation of MACT claim is taxable or not? Please tell me citations if any.
Anonymous
03 August 2010 at 17:33
Respected Experts,
The owners and Developer have executed a Development Agreement (un-registered) in the year 2007 and both of them have cancelled the said document by executing a separate cancellation deed (un-registered) in the year 2009. While executing the said cancellation deed, the owners have returned back the amount to the Developer, what ever they received earlier. The said amount has been paid by way of post-dated cheques to the Developer by mentioning the Cheque details in the said deed. But the Developer has not presented the said cheques for realization till now and only two cheques were presented and honored. Now the other cheques are time barred.
At this juncture
1) What the Developer should do for recovery of the balance amount.
2) Is there any possibility to cancel the said cancellation deed?
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03 August 2010 at 16:58
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Order VI Rule 17
Amendment beyond the scope of an Agreement for Sale is not permissible as no party can go behind an agreement and modify it,once concluded!