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sanjay   11 July 2010 at 16:05

mobile handset distribution agreement was verbal ..breach of

i have taken Mobile handset distribution from a company in april 2007 initially on verbal communication of term n condition ..that was requested to be send me in written after word .. but company didn't send written aggreement .. but business keep continued

these T&C include stock return if i leave the Distribution ..

when commitments were not fullfillin by the company .. i convey it to their ASM to resign form distribution if commitments are not fullfiled .. then time passes from there side to take decision .. niether solve th prob nor taken stock back.. in Dec 2006 i met with RSm at there office he convice me to solve the issue to continue business .. we continued from Janury 2008 again n they showing with actions and word as they trying to solving old issues and liquidation of old stock ..in this they made our some stock trasfered to another distributor with promise to get money in some time ...in Sep 2008 they rejected my all claims of last one year with written letter {before tht they never denied our issuedn claims} and simultaneously fired there old staff one by one ... after that i had several meetings with Dupty chairman and other in this regard..

again I am assured to credit money of some of my claims and stock returned before and also solve other issue like to get payment from their other distributor to whom stock transferred and to liquidate or return stock with us ,,, in january 2009 some money credited in my account in their ledger but nothing done after that ..

now company has close down ther mobile handset operation and making excuses in makin payment of my credit balance

i still have stock tht company and whose market value is nothing

what remedy i can go for

is it specific perfomance ?
recovery for my credit ballance?
breech of contract?
or there any criminal proceeding like fraud or 420 can be filed against the company
it take was credited

i have consulted many lawyers but no one can give satisfactory solution ,,

my all money and carrier on stake.. even i went in to depression once

plz advice me

i will be very thankful to you

pratik   11 July 2010 at 01:26

Execution of Pet.

Limitation time for Execution Petition is 12 years for the date of decree. Till 12 years we can file Execution of Petition right but as per which act & section pls mention.

What do u mean by declaration of suit & suit for injuction , suit for specific performance in which act this detail infor is given pls tell me & also explain me the meaning of it with the examples.

Thanks a Lot.

pratik   11 July 2010 at 00:15

authorised by a court of justice

(v) Any person authorised by a court of justice to perform any duty, in connection with, including a liquidator, receiver or commissioner appointed by such court.

So in the abovementioned the statement says "Any person authorised by a court of justice to perform any duty" it means that if the a person appointed as a guardian to look after the childern when they are minor & if the appointed guardian takes any gratifiaction or bribe (which is one & the same) than he is punsibleable as per the prevention of corruption act, 1988 as the above mentioned clause interpretation looks like that he or she (guardian) is punsiable.

Pls tell me if i am wrong or right or if any case laws.

Thanks In Advance.

pratik   11 July 2010 at 00:13

ownership.

1)As said by the experts form the this forum that One who makes an affidavit.is known as affiant. so can i say that the lawyers & advocate are also knwon as affiant because this are the person who can make the affidavit & notary it. pls clarify me & as per act or law the word affiant is defined.

3) what do u mean by corporeal ownership as per transfer of property act.

4)what do u mean by incorporeal ownership,vested ownership,& ostensible ownership as per transfer of property act.

What do u mean by averments pls also with the help of examples.

Thanks In advance.

Anonymous   10 July 2010 at 22:17

Consequencies Not appearing before Legal Service Committee

Dear Sir,
My Brother has filed the Application under section 9 of Hindu Marriage Act for restitution of conjugal rights against his wife who has deserted him for last couple of months
The District court has admitted his application and issued summons to his wife

Thereafter my brother's wife has approached to the Legal Service Committee for legal aid

The Legal Service Committee has issued letter to my bother and asked him to appear before it for settlement of dispute

Please inform

1whether he is bound to appear before the Legal service Committee?

2Since the matter is already pending before the District Court and my brother wife already received the summon from the District court and she has approached Legal Service Committee for Legal Aid
What will be the effect if my brother doesn't appear before the Legal Service Committee ?
Regards

pratik   10 July 2010 at 19:06

Public documents.

Section 74. Public documents - The following documents are Public documents-

(i) Documents forming the acts, or records of the acts

(a) Of the sovereign authority,

(ii) Of Official bodies and the Tribunals, and

(iii) Of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country.

1. Public records kept in any State of private documents.

Query
WHat do u mean by sovereign authority,of the Commonwealth. If Possible with the help of example(S).

Thanks In Advance.

pratik   10 July 2010 at 17:21

execution petition .

What do u mean by execution petition & validity also when can we appeal it what time can aperson go for the appeal.

With Examlple.

Anonymous   10 July 2010 at 16:58

Aippearance before Legal Aid Commitee during pendency Applic

Dear Sir,
Please guide me on the following
My brother wife has left the matrimonial house and later threatened my brother to implicate in false cases if her demands her not met by sending legal notice to him

My brother has filed the Application under section 9 of Hindu Marriage Act seeking decree for restitution of conjugal rights when all of the conciliatory efforts have been failed by him

The District Court has served the summon to my bother's wife to appear before the court which will be scheduled to be held after 2-3 months

My Bother wife has approached before the Legal Services Committee for legal aid who have served the letter to my bother that his wife wants to settle the dispute with him and asked him to appear before the committee

My queries are:

1 Whether he should appear before the committee during the pendency of the Application before the District Court?

2 Will it harm if he would not appear before the committee?

3 What will be the surety that she will not deserted him again if she is now ready to settle the dispute outside the court?

4 What will affect on the case if he voluntarily failed to appear before the committee? and whether he will not get the decree?

Regards
Waiting for your reply at earliest

Reagrds

Pankaj Mehta   10 July 2010 at 12:30

nomination & succession

A hindu family is consisting of three adult sons & a widow. head of the family died intested and left lot of investments in post office, banks, other companies through MIS, Rd, FDRs etc. and appointed one of his dear most son as nominee in all investments.
Now one member has filed petition for obtaining succession certificate in favor of all the living members, for declaring them as joint owner of all these investments.
in these circumstances, please advise elaborately whether nomination of one son will prevail/succeed over succession?? and what may be the legal consequnces? succession certificate in favor of all other members can be granted??
please cite some related judgements also

Anonymous   10 July 2010 at 08:04

demarcation of a combined layout

can there a demarcation of two layouts in a combined layout i.e abcd are combined layouts in this can A & B demarcated