khurshied hakim
31 July 2010 at 09:21
Dear Sirs,
Five co-owners from our family had collectively pooled in money in a joint account of a bank, to appoint a lawyer to represent on our behalf till the last pleading of the suit for Rs.35,000=00.
The contract was in black and white with all five signing on the lawyers letterhead, the original copy of which is with us.
Midway due to difference of opinion we split 3:2. The lawyer opted to represent the other three. When the two of us appointed another lawyer with the permission of the sitting judge, this lawyer asked for Rs.40,000 from the two of us, as settlement against fees for attending couple of dates, i.e., Rs.20,000=00 each, instead of Rs.7000=00 each as per the earlier ratio in the contract when all the five were together.
Earlier the lawyer was paid Rs.10,000=00 as token, where our contribution in the token amount was Rs.4000=00 i.e., Rs.2000=00 each. This the lawyer refused to acknowledge and said that it would be adjusted with the fees of the other three.
The lawyer refused to grant the NOC if we did not coughed up the demanded amount. We had no choice but to pay up and take the NOC in return. We were also forced to sign three blank cheques without date and amount, of the joint account we had, drawn on the lawyer’s name.
We are very disapointed by the lawyer’s rude behavior and the funda of extracting extra money under coercion, evidently taking full advantage of the situation.
Please guide us for necessary legal action, which the two of us intend to take against the lawyer.Can we bring a stay on the lawyers SANAD till our case is settled.
Regards/Khurshied Hakim
pratik
31 July 2010 at 00:26
If any act or section says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in any section or act.
Eg: income tax act, 1961 if any Section xyz section says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in the transfer of property act. & & If the transfer of property act says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary under the income tax act, 1961 to the partly sections which are related to both than my question is which notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary should be followed. If possible any case laws or sections.
EG : if one section & the act says the property should not be attached notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in the transfer of poperty act & the opposite sides the section under the transfer of property act says that notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary the property should be attached than what to do which notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary should be applied.
Thanks In Advance.
pratik
31 July 2010 at 00:06
1)Article 17(2): No one shall be arbitrarily deprived of his property.
So if the indian consitution of india says the abve mentioned than while the other act or rules or code says that if the tax or any duities which is revenue as per the goverment whether state or central goverment. The house or land or any immovable property of the person who has not paid the dues is been attached & the than if the circumstanes arise the attached property are sold in auction WHY ?
2)As per the doctrine of pious obligation it has been said that the dues of the father after the amend act 2005 hind law the son or grant son or great grand son are not liable to pay the dues or no courts or law can pass the order to pay the father's dues than why the other act example income tax act, 1961 says that if the assessee dies than the dues of that assessee should be paid by the heir of the assessee WHY ?
Thanks In advance.
Anonymous
30 July 2010 at 19:10
Pl. advice if there can be more than one executioner for the WILL as we want to appoint both the daughters as executioner for our joint WILL. We have been told that couple can make a joint WILL.
Awaiting advice of experts in this critical matter.
Anonymous
30 July 2010 at 17:46
If a fraud played on court how can setaside a decree or setaside a suit
please suggest me a landmark citation for this case. fraud means fogus document had been produced in court or anyother fraud
Anonymous
30 July 2010 at 17:23
dear sir
i want to know npl loans what is the rbi simply interest per year
i have borrowed in 1990.
Anonymous
30 July 2010 at 16:30
Respected Member
Pls Advice
Arbitration proceeding is over .we filed original document on record of Arbitrator proceeding,award yet to be delivered/given ,if award goes against us then we definately move to Hon'ble High court Arbitrator refuses to give original document Can we call all proceeding record of Arbitration proceeding Before Hon'ble high court if yes under which section /order
Thanks in Advance for Urgent Reply
Manoj Joshi
30 July 2010 at 11:03
Can somebody provide me with the gist (brief summary) of notification no. 13 dated 25th december, 1937 which exmpts certain transaction between holding and subsidiary companies from stamp duty.
It is very urgent and i shall be very thankful for the help.
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